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Anonymous
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Posted on / Feb. 18, 2015 02:34:18

The decision to hire a lawyer is a very important one based on a number of factors including, but not limited to, personal and family wishes and circumstances and your individual considerations for resolution. If your alcohol concentration is .15 or above then you will be required to install an ignition interlock device for a period of one year. If you are close to that level and/or above you may want to seriously consider what impact installing an IID device may have on your personal, financial and/or professional life. A competent and experienced dui lawyer may be able to successfully defend against having to install that device and there may be other technical defenses which exist in your case despite your high concentration. It also depends on whether it was a breath or blood test. The bottom line is that you have to weigh all the potential legal consequences including those personal considerations you mention in your question and make the best decision for you.

Anonymous
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Posted on / Feb. 17, 2015 04:36:03

I would contact several attorneys. Each attorney will have a different fee and/or fee structure. There might be ways to minimize the expense you incur by reaching an agreement not to have an IID if your BAC was high enough to require an IID. I would talk to several attorneys before you decide not to hire one. This is not a criminal offense so you will not be able to get an attorney appointed at state or county expense.

Anonymous
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Posted on / Feb. 16, 2015 20:28:23

I received my first dui and have a clean record. I am wondering if I need a lawyer.
I would like to plead guilty and minimize the impact on my family. I am grateful that I was pulled over as I had put myself and others in harms way. My BAC was extremely high and I'm afraid of potential jail time. I spoke with one lawyer and he said that his services could cost up to $5000 if we pursued not guilty. I would like to minimize cost to my family and admit & apologize for my wrong doing.

Your thinking is probably correct. It sounds like it would be very difficult to avoid a conviction. A lawyer sufficiently skilled to give you a reasonable chance of avoiding a conviction would charge far more than $5,000 and there would be no guarantee of success. That being said, carefully consider some of the indirect consequences of being convicted of operating under the influence:

• Increase in auto insurance premiums.
• Conviction remains of record with the DMV for 55 years.
• A conviction and details regarding the case appear on Wisconsin Circuit Court Access for five years if the case was in circuit court. This does not occur for municipal court cases unless there was an appeal by the plaintiff or defendant to circuit court.
• A conviction for a violation occurring within 10 years after the First Offense OWI violation date is punishable as a Second Offense OWI with criminal penalties including incarceration of up to six months.
• A conviction for a third violation for all offenses occurring on or after January 1, 1989 results in a Third Offense OWI conviction with criminal penalties including incarceration up to one year.
• Employment is often jeopardized if your employer has fleet auto insurance coverage with you as a listed insured.
• CDL disqualification immediately upon administrative suspension and for a period of one year commencing with court conviction for operating under the influence, operating with prohibited BAC or improperly refusing to submit to a chemical test, followed by general unwillingness of prospective employers to hire a CDL driver for a number of years following conviction.
• Denial of entry into Canada for a period of time, absent application to the Canadian visa office.
• Potential difficulty in obtaining or renewing a liquor license or bartender license if a municipal ordinance permits a conviction to be considered.
• Effect on credit score.
• Increased likelihood of future traffic stops based on law enforcement doing a DOT check on the license plate which show ownership of the vehicle by a person previously convicted of operating under the influence.

The other attorneys have correctly pointed out that unless there was an injury to another person or you had a passenger age 16 or younger, incarceration is not one of the penalties. Incarceration could occur if you fail to pay the fine or if you are convicted of operating after revocation following the OWI conviction. In fact, you can be incarcerated for up to one year for operating after revocation.

Anonymous
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Posted on / Feb. 16, 2015 17:01:00

Your statement that you "had put myself and others in harms way" is very refreshing. Most people facing an OWI for the first time are less aware of the big picture. Understanding the risk of harm to self and others is the first step toward avoiding making the same mistake a second time. An attorney can review the case (police reports, squad camera video if available, ... etc.) and determine whether there are any potentially successful motions to suppress evidence (this may very well be a challenge to the validity of the traffic stop). With a high BAC, the chances of success at trial are not very good unless you can challenge the accuracy of the calculation of BAC. If you are interested in saving the cost of an attorney and simply accepting the punishment, be aware that this may well impact the cost of your automobile insurance as well as some other costs.

Anonymous
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Posted on / Feb. 16, 2015 16:56:11

I agree with each of the answers already provided, but write to emphasize an additional fact. On a non-criminal first offense, assuming that's what this is, If you agree by plea or stipulation that your BAC was .15 or above, the court will order you to install an ignition interlock device (IID). Materials provided by one county's circuit court estimate the cost of installing and maintaining an IID to be about $1,000 per vehicle per year. Those ordered to install an IID must do so on each vehicle that is titled in their name.

Dedicated OWI attorneys have established relationships with prosecutors and judges. They are familiar with who is likely and unlikely to make a "non-IID" type of deal, and under what circumstances. You should consult a lawyer for your case. If it turns out you cannot afford that lawyer, they can refer you to someone more affordable.

Additionally, the clock has begun to run on challenging the administrative suspension of your driver's license. This is separate from your municipal or circuit court case and requires separate attention. Like all things OWI-related, this becomes more manageable with the help of an experienced attorney.

Call a lawyer. Good luck to you.

Anonymous
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Posted on / Feb. 16, 2015 13:58:44

Unless the case involved injury to another, or you had a minor passenger in your vehicle, a first offense is not criminal, and does not carry jail as a possible penalty. However, a BAC of .15 or higher will trigger a mandatory ignition interlock requirement that applies to all vehicles that have your name associated with the registration or title. A lawyer can be of assistance even if you do not intend to contest the case through jury trial. Keep calling lawyers until you find one that is a fit for you. Good luck.

Anonymous
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Posted on / Feb. 16, 2015 01:04:28

IN Wisconsin a first offense OWI is seldom criminal, but a conviction will have significant impact on your life. You cannot receive jail for a non-criminal offense in Wisconsin other than contempt of court.

Sometimes people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial. It is certainly not a do-it-yourself situation, nor a situation where you want someone getting on-the-job training.

Fees can range greatly and many lawyers do offer flat fees in this type of case.

That you have been charged or that some gizmo says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you will be proven guilty using competent, valid evidence.

Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
Thank you.

DISCLAIMER:

Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only.

See “more” link below for more important information about this answer and AVVO.

Anonymous
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Posted on / Feb. 15, 2015 23:50:15

Minimizing the cost to your family may cost you a significant financial cost. If you want to apologize to your family, do it. I'd point out that a typical first offense isn't criminal. If you had a child under 16 or hurt somebody, it is.

I have a problem with "my fee could be up to." I, and the attorneys I've worked with, typically charge flat fees. That way, you know what to expect and you're not going to get ambushed by somebody who hits you with fees you didn't expect.

Anonymous
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Posted on / Feb. 15, 2015 23:41:21

I am not a WI attorney but have helped many people in your position with similar questions. Attorneys have different rates they charge. Some are very reasonable and offer excellent representation. You will say nothing in court unless advised by an attorney period. Use the avvo find a lawyer app.. Look up local DUI attorneys that offer free consultations and schedule a few. You will find their prices considerably lower than your prior quote. Go to the free consultations and pick the attorney you like, trust and can afford. Meet the attorneys in person, look at their client reviews, check out their contributions (answers to other questions). Worst case scenario you may qualify for a free Public Defender. You are humble and remorseful which are both admirable qualities but no match for a seasoned prosecutor. Your options will expand after the free consultations. You have nothing to lose but much to gain. Good luck to you and your family. Hope this answer helps you?

Anonymous
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Posted on / Feb. 15, 2015 23:36:17

Put simply, if you're ever charged with a crime, you absolutely need an attorney. This is true whether you plan on pleading guilty or not. Contact your local public defender's office if cost is truly an issue.

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