Legal Question in DUI Law in Wisconsin

1st dui. Wondering what I should do.

I was riding my motorcycle when I was pulled over. My official BAC at the station was .09(breathalyzer). This is my first offense and only offense other than a seat belt ticket. I had been riding all day and was probably pretty dehydrated if that matters. Also i had barely eaten anything that day. I am wondering if i need to hire an expensive attorney to help me with this case. Is this a pretty clear conviction that requires expertise? Or is it something that is pretty easily overturned? I was also charged with operating left of center. However, that was my own stupid choice and completely intentional. I didn't realize that there was a cop behind us and i was showing off to my friend that was driving behind me. This happened on March 17th. I have never dealt with the law and so I don't know what to do.


Asked on 3/21/09, 10:16 am

1 Answer from Attorneys

JAY Nixon nixon law offices

OWI DUI 1st While Hot Dogging on Motorcycle on St. Patrick's Day

I cannot evaluate your chances of beating this charge without hearing from all witnesses and reviewing all police reports including the service records from the intoximeter machine which tested your breath. Since the impact from of a drunk driving conviction effects employability and insurance rates for decades, you owe it to yourself to at least have an attorney conduct this investigation and advise what your chances of success might be. One bit of good news for you is that you cannot yet be sentenced to jail in WI for a first offense, although there is legislation pending to change that. Since the impacts of the conviction upon you will therefore primarily be financial, you should make the decision about whether to hire an attorney based upon your available financial resources. Many attorneys will accept a first offense case for $1,000.00 or less with the understanding that the fee will need to be renegotiated if the case appears fightable following their investigation. Even if not fully contested, the attorney can assist you in many respects including resolution of the companion charges and the administrative suspension. You must request an administrative suspension hearing within 10 days of your arrest or loss all rights to preserve your drivers license (even if you are found not guilty of the drunk driving charge). Revocations for first offense are generally six to nine months, although the revocation is for life if the defendant fails to complete a drug and alcohol assessment as well as all required follow-up counseling recommended by the assessing agency.

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Answered on 3/22/09, 10:04 am


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