Facing DUI? Wisconsin and Illinois Laws Differ Considerably!

WI drunk-driving laws are complex, and they become even more so when you cross the state line from Illinois.  This is a scenario we see again and again: an Illinois driver is arrested for DUI (known as OWI in Wisconsin) and asks the police officer what will happen to his license.  Drivers like this are usually told two things:

  • Since he has an Illinois license, the Wisconsin case doesn’t matter.
  • He needs an Illinois lawyer to handle consequences at home.

Both of these are absolutely wrong. If this driver isn’t properly represented by a Wisconsin DUI lawyer, he will find himself in big trouble from the Illinois Secretary of State.  For an Illinois driver stopped in Wisconsin, the case is more serious than if he had been stopped in Illinois.  Why?

Illinois DUI vs. Wisconsin OWI

The consequences for a person charged with first-offense DUI in Illinois are not serious; typically, they plea bargain and receive a reduced charge or “court supervision.”  Under this deal, the defendant’s driver’s license is suspended for a few months.  If he completes court-ordered classes, the case is dismissed, and there is no DUI on his record. 

By the time an Illinois driver gets his first DUI conviction, he will have had at least one other DUI arrest.  So the penalties for a repeat offender in Illinois are quite severe and can include license revocation for an indefinite term of one year to life. 

If you are charged with a first-offense DUI, Wisconsin lawyers are not likely to plea bargain your case.  If you win, as do a good number of  our clients, you have no DUIs on your record.  If you lose, you have one DUI conviction on your record and may incur the following:

  • License revocation for 6 to 9 months
  • Fines
  • “Assessment” or mandatory counseling

So this Illinois driver has been given the Wisconsin penalty.  But it is important to know that this penalty applies only within the borders of Wisconsin.  Your right to use your license in Wisconsin is revoked, but it is still valid for anywhere else.  Unless the Illinois Secretary of State says otherwise.

Wisconsin reports your conviction to Illinois. Typically, the state of Illinois will issue a reciprocal revocation order.  This means that your license is now revoked in your home state as well.  A Wisconsin conviction is treated as if it happened in Illinois, and it is regarded the same as a second or third arrest. 

What happens now?  Your license is revoked indefinitely for a term of one year to life.

Why Illinois Drivers Need a Wisconsin DUI Lawyer

Wisconsin lawyers who specialize in DUI and OWI cases are familiar with the complex laws of Wisconsin, as well as how those laws affect drivers from neighboring states.  A number of strategies can be employed to mitigate the damage of a Wisconsin OWI case for an out-of-state driver, including using Wisconsin refusal laws or changing residency to the state of Wisconsin.

At the Andrew Mishlove Law Offices, we have extensive experience with the complicated interstate issues surrounding DUI.  By working closely with the best Illinois lawyers skilled in Wisconsin OWI law, we can help defend your case and get the best possible results.

Get a Wisconsin DUI/OWI & drunk-driving lawyer familiar with Illinois‐Wisconsin drink driving cases.  Hire experienced Wisconsin OWI Lawyer Andrew Mishlove. He knows how the Wisconsin DUI/OWI system works and its impact on your Illinois license.

 

FREE CONSULTATION


Case Results:

State of Wisconsin v. Pavittar

This gentleman was found quite drunk seated in the driver's seat of his car. A citizen witness had reported that the car was driving erratically. A police lieutenant stated that he saw Pav driving the car. Police dispatch records, however, indicated that the lieutenant arrived at the scene five minutes after the car was parked. Other witnesses reported a different driver. Attorney Mishlove tried the case to a jury and Pav was found Not Guilty. We saved him from a long jail sentence and irreparable damage to his family

View All Results

Late News:

DUI Attorney Andrew Mishlove Selected as Regent to National College for DUI Defense (NCDD)

Attorney Andrew Mishlove was recently honored with a unanimous appointment as the only Wisconsin DUI (OWI) attorney on the Governing Board of Regents for the NCDD.
Complete article.


 

Follow Us on Facebook

 

The Law Offices of Andrew Mishlove Are The Only DUI Lawyers Recognized As An Authority in the Wisconsin Statute Book!

The Law Offices of Andrew Mishlove Have Been Recognized in the Wisconsin Statutes as Authorities on DUI Law. Our Article, Wisconsin's New OWI Law, Wisconsin Lawyer, June 2010 Has Been Listed as an Authority Right in The Law Itself. We Are the Only Wisconsin DUI Law Firm To Have Achieved This Distinction!  Click Here to See It. 

 

Explore a few highlights from Attorney Mishlove’s case files.

 

Case Tips

62 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU

Police Mistakes

Mistakes the police make... and how they can help you.

Special Report

How to win a Drunk Driving Case.

What Can I Do To Save My License?

Fight to save your license! If you drive after losing your license, you face substantial penalties.

CDL Holders

If you are a commercial driver and your are charged with OWI-DUI these rules can cost you your career.

Illinois Drivers With Wisconsin OWI/DUI Cases Face Special Problems

It’s critical that an Illinois driver be properly represented in Wisconsin, or he will find himself being hammered by the Illinois Secretary of State.

What is a Specialist?

The word "specialist" is often misused. In order to legally claim that they are "specialists", lawyers must meet very specific qualifications.

Read the Site Map to See More Pages