Legal Question in DUI Law in Wisconsin

OWI Resolution at First Appearance, Occupational License

Without knowing how many prior offenses you have, I don't know if it will be possible to resolve your OWI at the first court date. Second and subsequent offense OWI's are crimes which involve mandatory jail time, meaning that in most counties, the sentencing would be handled by a real judge rather than a court commissioner. However, since commissioners handle most first appearances, your case will need to be reset in front of a judge at a later date, even if you plead guilty immediately. First Offense OWI is currently not a crime, meaning that court commissioners can accept a guilty plea at the first hearing; so if your case is a first offense, you could theoretically "get it over with" at the first court appearance. I would never recommend this to anyone however, because the police reports usually are not available at the first appearance and I would never permit a guilty plea without a thorough review of them. This would preferably be done by your attorney, who may spot technical defenses not apparent to a lay person. If you do hire an attorney for a first offense, he or she can usually resolve the case without you ever having to appear in court unless you decide to fight the case. Even then, you may not have to appear until the jury trial date, which could be your one and only appearance. Another important thing for anyone charged with OWI is requesting an administrative review hearing within 10 days in order to attempt to save your license. You would face administrative loss of license before you even get to court anytime you have agreed to take a breath or blood test and failed it. If you do not do this, even beating the charge later in court will not get your license back for you. If you refused a test, a similar refusal revocation occurs unless you request the hearing within ten days, which can have even worse effects upon your license than the OWI conviction if you do not fight it. Your eligibility for an occupational license will also depend upon how many prior offenses you have and how recent they are. Two convictions within five years rules out an occupational license, and multiple offenders face waiting period before they can get an occupational. Get a lawyer! These comments are not intended as legal advice to you and do not create an attorney client relationship between us.