Legal Question in DUI Law in Wisconsin

proceedures of dui arrest

I got pulled over for ''crossing the white line''. He gave me 4 field sobriety tests, which i did well. Then gave me a breathalyzer. I blew a .17. confusing cause i didn't have that much to drink. He arrested me, didn't get my rights read til later at the station. After he put me in the police car, he went back to my car and seemed to search it. I asked him if i can call someone to pick up my car and he replied a tow truck was already on it's way. Shouldn't i have been able to call someone? now i'm -$126 to get out of pound. i have a clean record and it's my first offense. i feel like i got screwed and don't deserve this. i know many things factor into blood alcohol level. i hadn't eaten a lot, i'm 5'' 135lb. female. I wasn't impaired to drive. I don't feel he had a reason to pull me over. and then the car getting towed at no other option. and what about my rights being read over an hour later? i'm confused. i want to get a lawyer, but can't even afford my $700 fine. is it worth it. do i have anything to fight? I'm also in the military and very responsible. I feel like this is the worst thing that could happen to me, for my career in healthcare especially. ??????


Asked on 1/28/05, 11:48 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: proceedures of dui arrest

If this conviction will effect your career as much as you indicate, you owe it to yourself to have your case professionally evaluated by a lawyer experienced in impaired driving law. The lifetime increase in auto insurance rates alone from a conviction like this is likely to be over ten times the amount of the fine, so this charge is nothing to take likely. If your judge agrees that the officers really had no legitimate reason to pull you over, he or she will be required to throw the case out. The breath testing machines are also far from infallible and are frequently taken out of service for repairs due to failing routine maintenance tests. Even if you do not end up fighting the case in front of a jury, a lawyer can also give you valuable advice about procedures for reinstatement of your license and for attempting to save your license from the administrative suspension. The latter requires a demand for a hearing which must be filed within 10 days after your arrest, so you should talk to someone as soon as possible after your arrest. Good luck!

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Answered on 1/31/05, 1:53 pm


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