Legal Question in DUI Law in Wisconsin

With a reading of only .08, the exact "break point" between presumptive guilt and no presumptive guilt in an OWI case, your daughter's case is probably worth fighting. DA's rarely (if ever) reduced OWI cases in WI any more due to extreme political pressure and public opinion against drunk driving defendants. The job of potentially reducing your daughter's case will therefore be left to a jury, and you will only get a jury trial if you pay for it (a $36 deposit for a six person jury must be paid before the first court date or the right to a jury trial is lost forever). A trial to a judge is unlikely to be successful since judges, like DA's, are elected in WI. Also, it is critical to send in the "request for administrative review" immediately since that right expires ten days after the arrest if not asserted. Without that, the DOT will automatically revoke your daughter's license, even if she subsequently wines the jury trial. Most importantly, make sure that you retain an experienced criminal lawyer with experience in OWI cases, since this will probably still be a tough case to win, even if your odds are much better than most. The idea situation would be an offer by the DA to reduce the charge, but these are extremely rare and, if they occur at all, would probably only occur on the �courthouse steps� on the morning of trial, once they realize that you are truly serious about a trial and have a reasonable chance to win. You may also have technical defenses available before trial such as probably cause for the initial traffic stop. You are correct that you should be concerned about the long term impacts of an OWI conviction upon your daughter, as well as upon your auto insurance rates. Your premium increase for the next five years following an OWI conviction of a family member could easily exceed $10,000.00. My comments in this online forum are offered for public educational purposes only and are not legal advice. They do they create any attorney/client relationship between us. However, I may be able to represent you if you contact my Racine office and arrange see me.