Legal Question in Criminal Law in Wisconsin

5th Offense OWI-DUI for Defendant Not Found Behind the Wheel

Obviously, "this" is possible or you would not be charged. Being charged, however, is not the same as being found guilty by a judge or a jury. The state must prove every element of the crime, including the element of driving, beyond any reasonable doubt (unless you prove it for them by pleading guilty or no contest). The jury's verdict must also be unanimous. If either of these do not occur, you should be acquitted. Hence, if there is not a speck of evidence that you ever drove a vehicle while drunk on or about the date charged, you may have nothing to fear. On the other hand, if there is circumstantial evidence that you drove before the arrival of the police, you could be convicted. This could include you being found alone in the car in a remote location, a witness to your driving, a paint transfer on another vehicle which you struck, or your admission to the officer. There are hundreds of other types of circumstantial evidence which could prove driving. You therefore really need to be represented by an experienced criminal lawyer as soon as possible in this matter, particularly since a felony fifth offense nearly always results in a sentence to the state prison system (at least in Southeastern WI). Good luck!