Waukesha OWI/DUI Lawyers Protecting Your License

Part of what makes operating while intoxicated (OWI)/driving under the influence (DUI) charges so damaging is that they get worse with each conviction. While you may think that a first offense will only result in a slap on the wrist from a Wisconsin court, it will also increase the severity of any future charges you might receive. Instead of letting a mark on your record threaten your future, fight to keep your record as clean as possible.

At Thelen & Associates, LLC, we are attorneys who are ready to defend you from your criminal charges, whether you are facing your first or fourth offense. We know how to look for opportunities to beat, dismiss or reduce your charges, and we will explore all possible ways to defending you.

What Is At Stake With A Conviction?

Wisconsin courtrooms take OWI charges very seriously, which is reflected in the penalties of for first offenses. Depending on the number of previous convictions you have, you can expect to face a range of consequences, including:

• First offense: Up to $300 in fines, up to nine months of revocation and possible mandatory sobriety program enrollment
• Second offense: Up $1,100 in fines, up to six months of confinement, up to 18 months of revocation and up to 18 months of a sobriety program
• Third offense: Up to $2,000 in fines, up to one year in confinement, up to three years of revocation, and up to three years of a sobriety program
• Fourth offense: Felony charges, $10,000 in fines, up to six years in confinement, up to three years of revocation and up to three years of a sobriety program

After a fourth offense, the charges can escalate to $25,000 in fines, up to 15 years in confinement, and up to three years of revocation and sobriety enrollment. The charges can also be more severe if someone was injured while you were driving.

Our goal in criminal defense cases is looking for viable defenses, such as lack of probable cause or questionable testing methods or equipment, and methods of reducing your charges through negotiation or dismissing them as soon as possible.

Can I Keep My License After A Wisconsin OWI/DUI?

Depending on the details of your case, it may be possible to keep your driving privileges. The first step is to request an administrative hearing with the DMV within 10 days of getting your notice of suspension. It is important to request a hearing within this timeframe. You will lose your chance to question the officer and attempt to get your license back if you do not.

We will represent you at the DMV hearing and argue for the reinstatement of your license. We can help you get an occupational driver’s license. This allows you to drive during certain hours to work, to school or to run household errands during the license suspension or revocation. You may have to install an ignition interlock device on your vehicles to be granted an occupational license or a license reinstatement. This happens in repeat OWI/DUI offenses and aggravated offenses. It is also a requirement for people who refuse the breath test or blood test.

For a first-time OWI/DUI offense, the license suspension is generally six to nine months. Our experienced OWI/DUI attorneys will represent you in the administrative license hearing and the criminal part of your case. Even if you think the judge or jury may find you guilty, we can negotiate a favorable plea and work to reduce or eliminate jail time. Repeat offenders or those with aggravated offenses may spend months in jail. In addition, you will have a criminal record.

Repeat OWI/DUI offenders may have their driver’s license permanently revoked if they:

• Have four or more OWI/OWI drug offenses with the fourth one coming within 15 years of the previous offense
• Have two OWI/OWI drug convictions, suspensions or revocations within a 25-year timeframe and have at least two qualifying convictions

In these situations, people with a permanently revoked license cannot get an occupational license.

We know how to protect your driving privileges and your constitutional rights in OWI/DUI cases. We thoroughly investigate the traffic stop and evidence collection. We will examine the arresting officer(s) to ensure they followed police procedure. If we find violations of your rights, we will argue for the suppression of the evidence, the reduction or dismissal of the charges, and the reinstatement of your license.

What Are Some Defense Strategies For Wisconsin OWI/DUI Charges?

When facing OWI/DUI charges in Wisconsin, your future and freedom hang in the balance. Understanding potential defense strategies can help you make informed decisions about your case. Our defense attorneys examine every aspect of your arrest to build the strongest possible case and protect your rights.

One of the most effective approaches involves challenging the initial traffic stop. Police must reasonably suspect that a traffic violation has occurred. If an officer stopped you without proper justification, we may petition the court to dismiss evidence obtained from that stop. Wrongful stops include when police target vehicles or make assumptions about drivers. This foundational challenge often leads to case dismissal, since evidence from an illegal stop cannot be used against you.

Challenging the accuracy of breath testing is another component of drunk driving defense. These tests can produce false positives for numerous reasons. Breath analyzers require proper calibration, regular maintenance and correct administration. Our team investigates whether the device used in your case was properly maintained. If the officer used it correctly and if external factors might have affected results. Common issues include:

• Improperly calibrated equipment
• Medical conditions like GERD or diabetes that can affect readings
• Mouth alcohol from recent drinking or certain foods
• Environmental factors like paint fumes or industrial chemicals

Field sobriety tests present another opportunity for challenging evidence. These subjective assessments are frequently administered incorrectly or under poor conditions. Factors unrelated to intoxication can cause someone to fail these tests. These can include physical disabilities, weather conditions, inappropriate footwear or anxiety.

For cases involving blood testing, we examine the handling of the sample. This includes the chain of custody, proper storage procedures and testing protocols. Any deviation from established procedures can compromise results. This can potentially lead to evidence suppression.

Fighting against license revocation requires quick action. We represent clients at administrative hearings, separate from criminal proceedings, to contest license suspensions. These hearings have different standards of proof and present additional opportunities to maintain driving privileges.

The consequences of conviction escalate with each offense. An aggressive defense is essential even for first-time charges. Our comprehensive approach examines every procedural detail, constitutional question and scientific factor. When dismissal is not possible, we negotiate for reduced charges. Alternative sentencing options or minimized penalties can protect your future, reputation and freedom.

Keep Your Name Clear With Our Help

If you are facing OWI/DUI charges, even as a minor, make sure that you have a skilled criminal defense lawyer at your side. Call our offices in Waukesha and Mukwonago at 262-200-8002 or email us here to schedule your initial consultation today.