Drunk Driving FAQs
Do I need a Lawyer?
When facing charges of impaired or drunk driving in Wisconsin, lots of questions are racing through your mind. The biggest is, “Do I need an attorney?” If the matter is a criminal case or if you need a driver’s license, we strongly recommend talking to a qualified attorney. OWI/DUI cases are complex. The field is now a recognized specialty in Wisconsin. There are many defenses that an untrained person and even an untrained attorney may not know.
What is an OWI/DUI Specialist?
Under Wisconsin law, only a lawyer who is board-certified by a board that is accredited by the American Bar Association can legally call himself a “specialist.” Andrew Mishlove is not only Wisconsin’s only true OWI/DUI defense specialist, he is one of less than twenty attorneys in America who actually are on the board itself! See www.NCDD.com for details.
OWI and PAC What's the Difference?
You will likely receive two different charges if you are arrested for drunk driving. Operating while intoxicated (OWI) is a charge that you drove a vehicle while impaired. It doesn't require proof of any blood alcohol level. Operating with a prohibited alcohol concentration (PAC) is a secondary charge that you drove with an alcohol level above the legal limit. It doesn't require proof of impairment. Even if you are convicted of both, it will go on your record as a single conviction.
Will I go to jail?
If you are facing your second or subsequent conviction for DUI, Wisconsin law mandates a jail term. A case involving an injury or death also involves a jail or prison sentence. An experienced attorney may be able to help.
What if I am convicted for a second, third, or subsequent time?
Wisconsin law requires your license be revoked, a breath alcohol ignition interlock device (BAIID or IID) and a jail term are mandatory. In the case of a fourth offense you will be charged by a felony with mandatory jail time. If you are facing a jail term or prison sentence, you will need the best possible lawyer to defend you.
It is illegal to obtain a driver’s license in any state if you are revoked in any other state. Most, but not all of the time, a Wisconsin revocation will follow you to your home state if you are already licensed there.
Is my breath test reliable or accurate?
It may not be. Something as simple as burping within 20 minutes of the breath test or wearing dentures can skew the results.
Is my blood test reliable or accurate?
It may not be. Something as simple as a poorly sealed blood vial can cause a false result. There are many possible errors in blood testing. We have seen instances of contaminated samples, malfunctioning blood test machines, and erroneous calibration of the blood test machine.
I wasn’t read my Miranda rights. Can I get my case dismissed?
Unfortunately, your case probably will not be dismissed. However, if you were interrogated after you were taken into custody, any statements you made cannot be used against you if you were not read your rights. A qualified attorney can use this information to achieve an optimal outcome for you.
A Deeper Dive Into Miranda Rights With Attorney Andrew Mishlove
The police only have to read you your Miranda rights if you are both in custody and being interrogated. This doesn't mean they have to read you your rights the moment you are arrested or if you are temporarily detained. The best way to protect your interests is to call an attorney before saying anything to the police.
What Now?
This is perhaps the biggest reason to talk to Attorney Andrew Mishlove. He will explain to you what happens next and what can be done to achieve the best resolution for your case. Being charged with DUI or OWI does not make you a bad person; it makes you a person in need of legal assistance. Make sure you get the help you need by selecting Wisconsin’s leading OWI lawyer.
