Legal Question in DUI Law in Wisconsin

Not sure what to plea for my dwi

I was in a domestic argument with my boyfriend who choke slammed me down to the ground he told me to leave but i wasnt able to breath right away so he called the police. I left before police came and I drove away. I started going home when I realized i wasnt able to drive so i turned around to the gas station to call for a ride home which was three blocks from where i turned around. At the corner where the gas station was at I ran into an officer who saw me and pulled over to turn around after me so I just pulled over..which leads me to my dwi. in the end I left for my safety and because I was scared. My boyfriend and I were out drinking with some friends prior to this argument, he drove home as my DD and this was my first time drinking after having my daughter in Jan. I dont drink often at all. But I blew a .127


Asked on 7/10/09, 9:46 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

DWI OWI First, Whether or Not to Fight the Charge

It is always worthwhile to hire a lawyer to at least obtain all the police reports and review them for possible defenses. In a first offense OWI in WI, however, the maximum revocation of license is currently nine months while the minimum is six months, and the range of fines is not all that much either. Therefore, for a first offense, the range of settlements which the lawyer can negotiate is limited and the only defense available is often a full blown jury trial or motion to dismiss on grounds such as probable cause your initial detention. There is legislation under discussion in WI, however, to turn first offense into a criminal violation with jail as a possible sentence. Second and subsequent violations involve long jail sentences, hence it is always worthwhile to obtain legal representation for those. My comments here are not intended as legal advice unless you subsequently retain me and revisit this issue with me.

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Answered on 7/15/09, 8:23 am


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