Legal Question in DUI Law in Wisconsin

Drinking and Driving 1st offense

I was half way into the bar when he pulled up and he said he saw me squeel my tires across the road and get out of the car. I never admitted to anything he gave me a sobriety test then arrested me. In the ticket he didn't even right down my license plate number..i suspect because he wasn't positive if i was driving. Is there anything i can do or should I just plead guilty?


Asked on 8/21/07, 4:54 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Drinking and Driving 1st Offense, DOT Administrative Suspension of Driver's License

If you have a viable defense, you should fight the DUI charge. Officer mistakes in the paperwork can be used to impeach the officer on the witness stand. The prosecution must be able to prove that you were driving or they will lose the case. I could not begin to advise you without knowing the breath test result as well as all the other facts and circumstances. You should also be aware that you only have ten days to file an "administrative review" form which the officer probably gave you if you failed the breath test. After the ten days expires, you no longer have the right to challenge the loss of your driver's license, even if you beat the drunk driving charge.

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Answered on 8/22/07, 11:54 am


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