Legal Question in DUI Law in Wisconsin

Owi

can a OWI be lowered to a disordely conduct w/ MV. If no blood was taken


Asked on 7/05/07, 3:26 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

OWI Reductions to Lesser Charges

While anything is possible as long as the judge is willing to approve it, few prosecutors are willing to even request reductions of an OWI (drunk driving) charge at all any more due to strong public policy concerns. There is general agreement that drastic reductions in drunk driving deaths in recent decades are solely the result of harsh prosecution and draconian penalties for driving while intoxicated. Elected prosecutors (as well as there staff) also fear nothing more than the public outcry which frequent reduction of these charges is likely to generate and the same applies to elected judges. Soft policies on DUI cases are likely to furnish ammunition to potential political opponents election time and public outrage from organized political interest groups such as MADD (Mothers Against Drunk Driving). Unless they have problems proving your charge, I would therefore not hold your breath waiting for a reduction of your drunk driving charge to disorderly conduct. Instead, you should talk to an experienced OWI attorney about the best options in your case. Even if no blood was taken, it is sometimes possible for the government to prove your case via other evidence such as admissions, behavior and driving. Good luck!

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Answered on 7/05/07, 5:29 pm


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