Legal Question in DUI Law in Wisconsin

If I get a lawyer do I have to pay him or her if they do not get my case dismissed? And how much are the fines for a DUI in Wisconsin? St. Croix County to be exact.


Asked on 12/19/09, 9:32 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, criminal lawyers are paid regardless of the outcome and contingent fee arrangements which depend upon dismissal of criminal charges are forbidden by our ethics code. For that reason, criminal and traffic lawyers generally require payment of their entire fee up front. However, using dismissal of all charges as the sole measure of success in criminal cases is foolish. A better measure is how much the final outcome differs from the maximum penalties available to the judge when prosecutors first issued the charges (in terms of jail, fines, loss of license). Using this standard, over 95% of all criminal and traffic charges, including OWI/DUI, are resolved favorably by lawyers through negotiated pleas with a major improvement over the maximum sentences which were possible initially or via negotiated agreements with the prosecutor to recommend lower sentences to the judge, and/or by pretrial motions to dismiss or suppress evidence. The other five percent are resolved by trials, where the outcome is often �all or nothing.� As for the other 5% of cases which go to trial, over 90% of OWI/DUI trials result in conviction and exposure to the maximum sentences. The maximum fines in WI for DUI/OWI related offenses can run up to $10,000 and up to twenty years in prison if death or serious injury occurred. For other first offense drunken driving incidents, typical fines including court costs and AODA assessment fees are generally about $1400 (far higher than any amount quoted on the original citation), along with six to nine months revocation of driver's license and a potential requirement for an ignition interlock device. Fines and jail increase drastically for second and subsequent offenses, and the fourth offense is now a felony usually resulting in prison time in a state institution without work release. Hidden penalties of all DUI?OWI related offenses include increased insurance rates for ten years or more and mandatory high risk SR-22 insurance filings in order to keep a drivers license after reinstatement. These expenses are usually far higher than the original fines. DUI related fines and other penalties are the same state wide and were recently increased to include jail for first offenders where the government is able to prove beyond d a reasonable doubt that the driver had a BAC (blood alcohol content) of.15% or more, or when a minor child is in the vehicle at exact time when the drunken driving occurred. Exact proof of BAC is a relatively new concept which may prove to be difficult for the government in close cases defended by experienced lawyers due to the margin of error in testing equipment if the case is defended by an experienced criminal lawyer. Since you have not told me whether or not you have prior OWI related convictions, I have no idea what the fine might be in your case.. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always welcome to contact my office to discuss retaining me.

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Answered on 12/28/09, 4:27 am


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