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Free Legal Advice Wisconsin FAQs

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Q: How much does a Milwaukee DUI lawyer cost? Q: Is there bail for DUI in Wisconsin? Q: What happens for a Wisconsin OWI with bodily harm? Q: What is prohibited alcohol concentration in Wisconsin? Q: When should I call a lawyer after an OWI in Milwaukee? Q: Can I plead to a lesser charge for a Waukesha DUI? Q: How does an out-of-state DUI affect my Wisconsin record? Q: Why did I get an OWI when I was not driving? Q: Can I get a license to drive to work after my Wisconsin DUI conviction? Q: Is my life over because I got a DUI in Waukesha? Q: I got a DUI last night in Waukesha. Now what? Q: It’s been 4 months since my 25th birthday and I am pleaing to 2 misdemeanor charges. Can they be expunged? Q: Can an officer hold my cell phone while I am being detained? Q: Can I get my sentence modified for a 4th offense felony? Q: I just got my Wisconsin conceal carry license or took a class. Should I get in touch with an attorney now incase the unthinkable happens? Q: I tried to purchase a firearm or apply for a Wisconsin conceal carry license and was denied. Now what? Q: I own firearms or am interested in owning firearms and I have had an incident with the police. Do I really need to hire a Milwaukee firearms defense attorney? Q: Is there a difference between an OWI, DUI, and DWI? Q: What can a Milwaukee Drunk Driving Attorney do for my case? Q: Do I need a Milwaukee DUI Defense Lawyer to handle my case? Q: Can I be prosecuted for a Wisconsin OWI if I didn’t drink any alcohol? Q: What to look for in a Waukesha Criminal Defense Attorney When Charged with a DUI in Wisconsin Q: When stopping someone for a DUI in Wisconsin, what do the police look for? Q: If the police pull me over in Wisconsin drunk driving, how should I answer the question “have you been drinking”? Q: What is the horizontal gaze nystagmus test when pulled over for a DUI in Milwaukee? Q: What are field sobriety exercises for drunk driving in southeastern Wisconsin? Q: What signs do police look for when pulling someone over for a DUI in Wisconsin? Q: What do I need to know right now if I get pulled over for a DUI in Milwaukee? Q: What happens if I refuse to give a breath or blood sample when I get pulled over for a DUI in Waukesha?

How much does a Milwaukee DUI lawyer cost?

Our experienced and qualified DUI attorneys are affordable for every Wisconsin resident, especially when you consider the cost of NOT hiring a lawyer. If you are facing a criminal prosecution for a drunk driving offense, you are likely staring at mandatory jail sentences that could be months long, thousands of dollars in fines, fees, and court costs, an alcohol and other drug assessment, occupational licenses, a revocation of your driving privileges that could stretch for years, and perhaps more.  In the event that this would happen to you again, the consequences will be even worse.

All of this before you even starts to consider the impact on your family, work, and friends. There will be costs down the road as well.  Prices for health insurance, auto insurance, and life insurance will sky rocket for years. The truth is a conviction will cost a driver thousands upon thousands of dollars, time in jail, and possibly loss of employment.

The question is not, “Can I afford to hire a drunk driving lawyer?”  The question is, “How can I afford not to?”

At Grieve Law, we offer free initial consultations, reasonable rates and flexible payment options.

Contact our affordable Milwaukee drunk driving attorneys for a free case assessment and more information.

 

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Is there bail for DUI in Wisconsin?

A driver arrested for drunk driving in Milwaukee will be held until bond is set and posted. Bond is an amount of money, and possibly other conditions, which must be posted on your behalf before you can be released from jail. The funds will be returned to the one who paid at the conclusion of the case, assuming the driver on bail complied with the terms and conditions of release. The courts sometimes deduct fines, fees, costs and any restitution from the amount posted before returning the balance.

Bail could happen immediately at the police station, or you may be held until a judge or commissioner sets bail in court the next business day. At this court appearance, your Milwaukee drunk driving attorney may be able to secure a “signature bond,” or a promise signed by the defendant agreeing to the terms and conditions of their release. No one would have to post any funds, but you may be sued for the amount of the bond if you fail to comply with the terms.

Appearing in court with a drunk driving attorney is crucial to the bail process.  The court will set bail based on a loose formula determining the defendant’s likelihood to make future court appearances. Simply making an appearance in court with a privately retained attorney is itself an assisting factor as it shows you are serious about handling the case responsibly and are less of a “flight risk.”

Contact our experienced and qualified Milwaukee DUI defense lawyer to get the best defense for your DUI case.

 

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What happens for a Wisconsin OWI with bodily harm?

Causing bodily harm to an individual while intoxicated can significantly increase the penalty of an OWI. The distinctions causing an injury and causing “great bodily harm” are often hard to define but can make a significant difference in an OWI penalty. If an injured occupant in the car was a minor under the age of 16, the Wisconsin OWI charge is considered a felony with increased possible fines and double jail time.

If you or someone you know has been charged with a Wisconsin DUI with bodily harm you must contact a skilled and experience Waukesha OWI lawyer immediately. There are many legal options which can be considered to fight or lessen charges. Our aggressive and skilled Waukesha OWI lawyer will provide personalized counsel to ensure you receive the best outcome possible.

Contact our Milwaukee OWI attorney today for a free case assessment.

 

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What is prohibited alcohol concentration in Wisconsin?

A prohibited alcohol concentration (PAC) charge often accompanies a drunk driving charge in Wisconsin. In a PAC charge, the driver is accused of operating a motor vehicle on a public highway with a blood alcohol concentration (BAC) at the time of driving greater than 0.08%. On a 4th DUI or higher, the BAC is reduced to 0.02%.

Various factors can become crucial issues when facing a prohibited alcohol concentration charge, such as the officer or state hygiene lab following proper testing procedures, equipment calibration, and the prosecution proving the BAC reflected in the test result was the same at the time of driving.

Contact our Wisconsin drunk driving defense attorney to find out more about prohibited alcohol concentration.

 

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When should I call a lawyer after an OWI in Milwaukee?

If you or a loved one has been arrested for an OWI in Milwaukee, your first call should be to an attorney with experience in drunk driving charges. No matter how big or small you feel the charges are, you need a legal professional to guide you along the way. When you work with an OWI attorney, you can often avoid a lengthy trial and even jail time, resolving the situation as easily and efficiently as possible.

Would you know how to talk to prosecuting attorneys and judges?  Can you afford to have your reputation ruined by a DUI arrest?  If you answered no, then you need to call an OWI attorney right away for help. Our experienced lawyers on drunk driving charges will walk you through the process, helping you do everything from getting your car out of impound to arranging for jailhouse visits or helping with posting bail.

When someone you love has been arrested, it’s tough to maintain a clear head. When you work with a legal professional who understands what you are going through and who can propose the best actions to take, you can rest assured you are doing everything possible to help your loved one.

Contact our Milwaukee OWI defense lawyer for a free case assessment to propose the best course of action.

 

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Can I plead to a lesser charge for a Waukesha DUI?

It is possible to lessen your drunk driving offense with the help of a skilled Waukesha DUI attorney. A successful plea bargain can reduce your charges from a DUI to a lesser conviction or reckless driving. Although a plea bargain is not always accepted, our experienced drunk driving lawyer will do everything possible to reduce your charge.

Contact our Waukesha DUI lawyer to get your charges reduced or dropped.

 

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How does an out-of-state DUI affect my Wisconsin record?

An out-of-state DUI/DWI/OWI conviction will appear on your record if searched by a prosecutor and can be seen as a prior conviction. Out-of-state DUI convictions will only be used against you in court if they are considered to be substantially similar to the DUI laws in Wisconsin. If you received an OWI in a state with significantly different drunk driving laws, the conviction may not be used against you.

Contact our Wisconsin out-of-state DUI lawyer for a free consultation.

 

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Why did I get an OWI when I was not driving?

Wisconsin law allows you to be charged with an OWI if you were simply in “physical control” of your vehicle. For example, if you were to decide you shouldn’t be driving your vehicle and choose to sleep in your car, you can still be charged with an OWI. Our Wisconsin OWI attorney is experienced in fighting drunk driving charges incurred during any situation, including DUI in a parked car. We will fight for your rights and work to get you the best possible outcome.

Contact our Wisconsin OWI attorney to get your charges reduced or dropped.

 

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Can I get a license to drive to work after my Wisconsin DUI conviction?

First time OWI convictions may allow eligibility for an occupational license. This license is to drive to and from work or during work if necessary. If you receive a second conviction there is commonly a waiting period in receiving an occupational license. In some cases, you may not be eligible for an occupational license and must find alternate means to work. Our Wisconsin OWI attorney is dedicated to fighting your case so you can retain your right to drive.

Contact the OWI lawyer Wisconsin trusts to fight for your occupational driver's license.

 

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Is my life over because I got a DUI in Waukesha?

No, your life is not over, but it may become more difficult if you don’t hire a Waukesha area drunk driving lawyer. A DUI charge can have a dramatic impact on your life depending on how you handle it. If you choose not to call an attorney, you could be facing jail time, hefty fines, and having your license suspended, plus your insurance rates could be doubled. You may be required to wear a monitoring device and check in with a probation officer on a regular basis.

There are plenty of ways to avoid some of the worst penalties, and with the right Waukesha area drunk driving lawyer, you can get through your case as painlessly as possible and with the least amount of penalties. After speaking to your attorney, write down everything you can remember from your arrest, including why the officer said you were pulled over and what types of sobriety tests were administered. Every detail helps strengthen your defense.

Next, learn everything you can from your lawyer about your rights and the consequences you could be facing. As you go through the legal process, listen to everything your Waukesha drunk driving attorney tells you and come very early to all court appearances – not just five minutes before.

By taking these steps after your DUI arrest, you can help reduce the impacts of the charge on your future. If you call our Waukesha DUI attorney right away, he will have time to prepare a strong defense and get your charges reduced or dropped completely.

Contact our Waukesha drunk driving lawyer to schedule a free consultation.

 

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I got a DUI last night in Waukesha. Now what?

Now you call a Waukesha attorney with experience in drunk driving charges, schedule a free consultation, and start building your powerful defense. Contact your DUI lawyer as soon as possible after your arrest, before you’ve even been released from jail. Drunk driving cases in Wisconsin tend to move fast, and it can be difficult to keep up with the legal process without someone on your side you can trust. Speak with a lawyer right away to relieve some anxiety and help ensure your rights are protected every step of the way.

When you or a friend is arrested for drunk driving, it is important to remember key timelines and deadlines, such as filing paperwork to challenge a driver’s license suspension and preparing for upcoming court appearances. Your Waukesha drunk driving attorney will file the appropriate paperwork for you to avoid having your license suspended and will represent you at your hearing to get your charges reduced or dropped.

Many people believe a lawyer costs more than the DUI itself, but with the help of our DUI defense attorney you could get the charges dropped entirely. Without an experienced criminal defense lawyer, your penalties will include a fine, having your driver’s license temporarily revoked, a traffic safety course or DUI class, an IID for your vehicle, and even jail time depending on the severity of the case. You could be paying twice as much in auto, health, and life insurance rates for years. Your drunk driving charge will impact your family, work, friends and finances. Rather than risk these severe penalties, hire an experienced Waukesha DUI lawyer and find out how to beat your DUI charge.

Contact our Waukesha DUI attorney to avoid severe penalties and keep your license.

 

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It’s been 4 months since my 25th birthday and I am pleaing to 2 misdemeanor charges. Can they be expunged?

As long as you were under 25 at the commission of the offense, you will be eligible for expungement if your case is handled properly at sentencing. It is important to emphasize that there has been a recent and dramatic change in how expungements in Wisconsin are handled. Under the old system, a defendant could petition the court of an expungement after the conviction as long as they met the age and offense level criteria. Under the new system, the judge at sentencing must make a decision about how to handle expungement.

Contact our Milwaukee criminal defense law firm now for a FREE case evaluation to find out your legal options.
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Can an officer hold my cell phone while I am being detained?

This may or may not be legal, depending upon more facts. As an example, were the officers searching your phone for emails, texts messages, pictures, etc.? Or were they merely holding onto it without examining it?

Contact our Milwaukee criminal defense law firm to schedule a FREE case evaluation to determine if police violated your rights with an illegal search and seisure.
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Can I get my sentence modified for a 4th offense felony?

Modification is possible to both extend the reasons for Huber release as well as to explore possibilities such as electronic monitoring, etc. On a 4th offense felony, this task will not be easy. It would be accomplished by filing a motion in court ASAP.

Contact our Milwaukee criminal defense attorneys now to schedule a FREE case evaluation to discuss legal options for you or a loved one.
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I just got my Wisconsin conceal carry license or took a class. Should I get in touch with an attorney now incase the unthinkable happens?

Many Wisconsin conceal carry, Waukesha conceal carry, Milwaukee conceal carry, Madison conceal carry, and other training groups urge you to speak with a highly knowledgeable firearms attorney prior to an incident. The reasoning behind this is when you're in jail and being investigated for a crime, perhaps even a homicide, it's not the time you want to be putting together your Wisconsin firearms legal defense plan.

You have purchased a firearm, researched the right caliber, tested to find the proper ammunition, attended Wisconsin firearm training classes, applied for the Wisconsin CCW license, and perhaps taken other steps to prepare for the unthinkable. When an incident occurs you need to have a Milwaukee gun lawyer who will protect your rights and your freedom.

Contact our Milwaukee gun defense attorneys now for free Wisconsin legal advice on CCW and other weapons charges.
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I tried to purchase a firearm or apply for a Wisconsin conceal carry license and was denied. Now what?

If you applied for a Wisconsin conceal carry license there is an internal review you can request to appeal the denial. Improve the outcome by getting our Milwaukee gun defense attorneys involved early in the process. We help you determine why you are being denied as often the government will not give you any information on why you have been red flagged or denied for a Wisconsin conceal carry license. Our Milwaukee firearms lawyers are highly experienced in handling Wisconsin CCW matters and will advise you of your options.

Contact the firearm defense lawyers Milwaukee and surrounding areas trust for FREE legal advice on Wisconsin conceal carry laws or other weapons charges.
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I own firearms or am interested in owning firearms and I have had an incident with the police. Do I really need to hire a Milwaukee firearms defense attorney?

Anytime you have had police contact you should speak with one of our highly experienced and highly knowledgeable Milwaukee gun defense attorneys, especially if you are a firearms owner or sportsman. It is difficult to predict what a situation can turn into, and law enforcement typically becomes extra cautious and even over-zealous when firearms are in the picture, even if they were not in any way involved.

The problem is even seemingly small incidents can result in your rights being suspended or lost forever. To make matters worse, you may not find out about this issue for many years: I have seen it too many times.

If you value your 2nd Amendment Rights trust our Milwaukee firearm lawyers for a winning Wisconsin CCW defense.

Contact our firearms defense attorneys in Southeast Wisconsin now for free legal advice on CCW or other weapons charges.
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Is there a difference between an OWI, DUI, and DWI?

Different states and jurisdictions have different names for essentially the same offense: driving while impaired by alcohol or another substance.

In Wisconsin, the legal name for this is Operating While Intoxicated, or OWI. There is often a companion charge of Operating with a Prohibited Alcohol Concentration, or PAC.

Whether it's an OWI, DWI or DUI in Waukesha or anywhere else in Wisconsin, it's all the same.

Contact our Milwaukee drunk driving defense lawyers now for professional free Wisconsin legal advice on DUI, OWI or DWI charges.

 

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What can a Milwaukee Drunk Driving Attorney do for my case?

If you are facing criminal drunk driving charges in Wisconsin there is mandatory jail time, steep fines, a revocation of your driver’s license and other DUI penalties. Additional costs make DUIs expensive as well as inconvenient, including paying lawyers, court costs, legal fees and increased insurance rates, as well as getting your car out of impound.

With years of experience as a state criminal prosecutor and defense attorney, our Milwaukee drunk driving defense lawyers know the best ways to arrive at a winning defense. Our Milwaukee DUI attorneys advise you about the legal process and answer any questions you may have. Once we obtain a copy of the police reports and other evidence, our Milwaukee criminal defense lawyers fight aggressively to protect your future.

Many Waukesha DUI lawyers will plead a case out on the first or second court appearance to keep time-on-cases low. We never will! We make sure your constitutional rights are protected through every step of the court process.

Contact the drunk driving lawyers Waukesha and surrounding areas rely on for strategic, winning defenses.
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Do I need a Milwaukee DUI Defense Lawyer to handle my case?

Drunk Driving, DUI and OWI charges in Wisconsin can be very serious. There are steep fines, possible jail or even prison time, along with a years and even decades of paying increased auto, health and life insurance rates.

When you or a loved one is facing criminal drunk driving charges in Waukesha or anywhere in Wisconsin, you will have a state criminal prosecutor handling the case against you. Unless it's a first offense drunk driving charge, there will be mandatory jail time even on a second offense drunk driving charge.

Contact the Milwaukee DUI lawyers with years of experience and a proven record of winning results.

 

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Can I be prosecuted for a Wisconsin OWI if I didn’t drink any alcohol?

Yes! Wisconsin drunk driving laws provide for various types of operating while intoxicated charges which allows a driver to be arrested and prosecuted for taking sleeping medication, pain medication, as well as various narcotics such as marijuana, cocaine, etc. It does not matter if you had a lawful prescription for a controlled substance, or whether it was an over the counter drug. The only issue that matters is whether the prosecution can meet their burden of proof to show you were impaired at the time of driving because of the substance you were on.

The law changes about what the prosecution must show depending upon the substance. As an example, the government must merely show the presence of a restricted controlled substance to meet their burden of proof to prove impairment. An example of a restricted controlled substance is cocaine and other schedule 1 narcotics. The state or municipality may also use a combination of alcohol and a controlled substance to meet their burden of proof, such as some Ambien (sleeping drug) and even one beer or glass of wine.

Cases that involve substances other than alcohol can be very complex; It's very important to consult with a Milwaukee or Waukesha drunk driving attorney who has litigated these issues before.

Contact the drunk driving lawyer Waukesha and surrounding areas count on for dropped or reduced charges.

 

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What to look for in a Waukesha Criminal Defense Attorney When Charged with a DUI in Wisconsin

Our Waukesha criminal defense lawyers have extensive experience with getting Wisconsin DUI charges dropped or reduced. When your money, reputation and rights are on the line it's not the time to ask the person who did your estate planning to handle your Wisconsin DUI charge. Whether you are being charged with a DUI in Milwaukee or anywhere in Wisconsin, you need to contact a lawyer with years of proven court room and trial results; a lawyer who has both prosecuted and defended cases just like yours.

Look for a Waukesha criminal defense attorney who has been on both sides: prosecuting and defending Wisconsin drunk driving charges. Look for a Waukesha criminal defense lawyer who has written published articles on constitutional law, criminal law and traffic law. Look for an attorney who has lectured to college and graduate students on criminal and constitutional law. Recognized by Super Lawyers Magainze, trust our Waukesha criminal defense attorneys to handle your case with the respect and attention it deserves.

Contact the DUI defense lawyers Milwaukee and surrounding areas rely on for strategic defenses and winning results.

 

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When stopping someone for a DUI in Wisconsin, what do the police look for?

When you or a loved one is pulled over for a DUI in Milwaukee or anywhere in Wisconsin, the police likely sighted you or him/her in violation of one or more of the following:

  • Negotiating a wide turn
  • Straddling or driving over the center marker between lanes
  • Nearly missing or hitting another vehicle or object
  • Weaving between lanes or swerving within lane lines
  • Driving off designated highway
  • Speeding 10 mph+ above the designated speed limit
  • Questionable stops in traffic lanes
  • Tailgating
  • Drifting
  • Excessive braking
  • Driving against traffic
  • Questionable signaling
  • Delayed reaction to traffic signals
  • Inappropriate stopping or slowing
  • Illegal or unwarranted turns
  • Quick acceleration or braking
  • Driving without headlights on
  • “Appearing to be Drunk”

Whether charged with a DUI in Waukesha County or elsewhere in the state of Wisconsin, you need experienced DUI defense attorneys on your side.

Contact our Milwaukee DUI defense lawyers now for a free legal advice case assessment and let us put together a winning defense for your case!

 

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If the police pull me over in Wisconsin drunk driving, how should I answer the question “have you been drinking”?

When you get pulled over for drinking and driving in Wisconsin, every situation is different.  When you have only had one drink, you are likely not impaired and are safe to drive.  If you do not respond to the officer’s questions or lie, you could end up in more trouble than if you answered the question honestly.  If you admit to consuming any alcohol, you may have just given the police the reason they need to ask you to step out of the car and perform field sobriety tests.

Since no one can predict how you will perform on field sobriety exercises until you have actually done them, no defense attorney can tell you what is best in any single case.  If you know you are borderline drunk or worse, it is best to raise your right to a Milwaukee DUI defense attorney and decline further questions.

When you are facing DUI charges in Waukesha or anywhere in Southeast Wisconsin you need the DUI defense attorneys with a reputation for getting charges dropped or reduced.

Contact the drunk driving defense lawyers Waukesha and surrounding areas rely on for professional advice and winning results.

 

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What is the horizontal gaze nystagmus test when pulled over for a DUI in Milwaukee?

The horizontal gaze nystagmus test, otherwise known as HGN, is administered during a field sobriety test for a DUI in Waukesha County or elsewhere in Wisconsin.  Nystagmus is the medical term which describes a specific eye oscillation which appears like the eye is moving in a rapid, “jerky” manner.  While following the pen, the steadiness of the eyes and the degree at which the eyes begin to move erratically indicates the level of alcohol in the blood.  The officer will attempt to determine if the angle of the eyes is less than 45 degree, an angle less than 45 degrees usually indicates a blood-alcohol level of .05% or greater.

Contact our Milwaukee DUI defense lawyers now for your free legal advice case assessment.

 

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What are field sobriety exercises for drunk driving in southeastern Wisconsin?

Police officers have several tests available which are designed to measure an individual’s level of impairment.  These tests are called field sobriety exercises and the most commonly include:

• Horizontal gaze nystagmus (HGN)
• Heel-to-toe walk (Walk-and-turn)
• One-leg-stand
• Reciting of the alphabet
• Hand pat
• Fingers-to-thumb
• Modified position of attention (also known as the Rhomberg test)
• Finger-to-nose

Studies funded by the National Highway Traffic Safety Administration concluded only three of the tests are reliable in determining if a driver is intoxicated: heel-to-toe (walk-and-turn), one-leg-stand, and the horizontal gaze nystagmus test. These three tests use numerical scores, called “clues”, which are specific to the individual’s actions. The study also concluded the remaining field sobriety tests are unreliable and should be discouraged from being used as indicators.

When you are facing Wisconsin DUI penalties because you failed some of these field sobriety tests, call in the best Milwaukee DUI attorneys to ensure you are fairly represented.

Contact our Milwaukee DUI defense lawyers now for professional advice on your specific case.
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What signs do police look for when pulling someone over for a DUI in Wisconsin?

When police officers pull someone over for a DUI in Wisconsin, they are trained to look for specific signs of intoxication.  These signs include: 

  • A flushed, or red face
  • Red, watery, glassy and/or bloodshot eyes
  • Alcohol breath
  • Incoherent or slurred speech
  • Struggling to retrieve driver's license from wallet
  • Inability to comprehend the officer’s questions
  • Difficulty exiting the vehicle
  • Unable to stay balanced while standing
  • Using the vehicle for stand support
  • Aggressive or other “inappropriate” attitude
  • Soiled, rumpled, disorderly clothing/appearance
  • Inability to keep balance while walking
  • No knowledge of time or current location
  • Inability to comprehend and/or follow directions

If you are pulled over for a DUI in Milwaukee or anywhere in Wisconsin and display any of the above signs a police officer may ask you to perform one or more field sobriety (tests) exercises. It is important to understand the law and know your rights when being charged with a DUI.  The Milwaukee defense attorney at Grieve Law has the expertise to answer all of your DUI questions.

Contact our Waukesha DUI defense lawyers now for your free case assessment and get the professional advice and guidance you need to get your Wisconsin drunk driving charges dropped or reduced.

 

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What do I need to know right now if I get pulled over for a DUI in Milwaukee?

It is important to know your rights and understand the law when being pulled over for a DUI in Wisconsin because the second you are pulled over by the police, your defense starts.

After you’ve been processed for a DUI arrest in Milwaukee, you’ll likely be bailed out and order to return for your first court appearance. Before you appear before a judge, you need to secure legal counsel to represent you. Be sure to find a firm with a record of success in handling DUI cases like yours.

Your lawyer will help you decide whether to plead guilty or not guilty. Entering a guilty plea for a DUI automatically results in a sentence from the judge varying based on the extent of the criminal act and whether it was your first DUI arrest. If you plead not guilty, you may be given the chance to accept a plea deal or choose to have you case go to trial. Most DUI cases do not go to trial.

For first time offenders, the consequences are generally minor and may include alcohol counseling, community service, or fines. Repeat offenders suffer more serious consequences.

If you do get arrested for a DUI in Milwaukee, you need to be careful about important time limits. You may have received a Notice of Intent to Suspend your Operating Privileges. You need to pay close attention to this because you only have ten (10) days to file a response with the Department of Transportation (DOT) to schedule a challenge. This is something that your Milwaukee drunk driving attorneys can do for you, we are experienced in these types of cases and regularly represent clients in such hearings. If no notice is filed, the DOT will typically suspend your license for six (6) months.

For more information on Milwaukee DUI penalties or questions regarding your rights before and after arrest, contact the Milwaukee DUI attorneys.

 

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What happens if I refuse to give a breath or blood sample when I get pulled over for a DUI in Waukesha?

There are two types of tests to determine your level of alcohol in a Waukesha DUI.  The first is the preliminary breath test (PBT) which is administered at the scene. The PBT is done to establish probable cause for an arrest. This is done by the officer and the PBT looks similar to a common asthma inhaler. The results may not be used at trial because the PBT has been deemed to be too inaccurate. It may only be used to weigh probable cause against the driver to determine whether there was a valid drunk driving arrest. If you do not consent to this test, then the officer must make a determination about whether to arrest you based on the totality of the circumstances (in other words, everything that they know).

The second type of test will be either the intoximeter or a blood draw away from the scene. This test is the “official” drunk driving test to determine the official blood alcohol concentration (BAC). If you refuse this test, there may be additional charges for an “Implied Consent” violation. These are very different tests with very different implications if a driver refuses. 

Contact our Waukesha DUI attorneys for questions regarding your arrest and how we can get your Wisconsin drunk driving charges reduced or dropped.

 

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