Frequently Asked Questions in Wisconsin OWI Cases

• Will I be able to get my case dismissed because I was not read my rights?    Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
• What are my rights?    See Know your rights in a Wisconsin OWI.
• Will I go to jail?    On a first offense, definitely not. On second or later offenses, it becomes mandatory, but an experienced attorney may be able to minimize your jail time or allow you to serve the majority of it on electronic monitoring.
• If my OWI is reduced to a reckless, what do I gain?    A lot. Both are 6-point tickets, but there the similarity ends.  A reckless stays on your record for 5 years; an OWI for life.  There is mandatory jail time for criminal OWI convictions; a reckless is always civil.  There is a mandatory revocation of your driver’s license for OWI convictions; none for a reckless.
• If my OWI is reduced to a PAC of .08 to .099, what do I gain?   This unique ticket stays on your record for 10 years, as opposed to life – provided that you don’t get another OWI.  In addition, you will not have to undergo an alcohol assessment or driver’s safety plan.  The maximum fine that you can pay is $250 – substantially less than an OWI.  This is only an option for first-time offenders.
• I have 4 major violations within five years, what will become of my license?    You will be found to be a Habitual Traffic Offender.  Your license will be automatically revoked for five years.  You will have no eligibility for an occupational license for two years.
• I have 12 violations within five years, what will become of my license?   You will be found to be a Habitual Traffic Offender.  Your license will be automatically revoked for five years.  You will have no eligibility for an occupational license for two years.
• What does an alcohol assessment consist of?    This must be done in the county in which you live at the time of your conviction.  If you are an out of state resident, you will be able to do it in the state in which you live.  The assessor will review your police reports, ask you questions regarding the incident, and ask you questions regarding your lifestyle and drinking history.  You may also be asked to provide a “collateral contact” – someone who can verify your answers to the questions asked of you.  You may also be made to submit to a urine test for purposes of determining whether you have any alcohol or drugs in your system.
• What is a driver’s safety plan?   This is the counseling that you will be required to attend.  It is based on what number offense this is, what your BAC was, and your answers regarding drinking history, etc.  It may be something as simple as an educational course at a local technical school, group counseling, individual counseling, or inpatient treatment.
• What will happen if I do not complete the assessment or driver’s safety plan ordered by the Court?    Your license will be indefinitely revoked until you come into compliance.  If it’s been more than a year since your assessment, you will have to undergo another one.
• I lost my Wisconsin license. May I obtain a license in another state.    In most cases, no.
• If I obtain an international driver's license, may I    drive in Wisconsin, even though my Wisconsin license is revoked?   No.
• Am I a bad person, because I was arrested for DUI?    No, but you are well advised never, never smell like alcohol while behind the wheel. You do not need to feel humiliated.
• What if I burped within twenty minutes of blowing?    The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.
  
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