DUI
Milwaukee DUI and OWI Defense Attorneys
If you or a loved one are charged with drunk driving in Milwaukee or anywhere throughout the State of Wisconsin (called DUI in most states and OWI in Wisconsin) then you need an experienced lawyer to protect your rights and defend you in a court of law. An arrest for drunk driving in Wisconsin could subject you to serious criminal charges, a loss of your driver’s license, an ignition interlock device, jail and/or prison, and may jeopardize your employment. You’ve worked too hard in life to let these charges jeopardize your life’s work. From the administrative proceedings to the courthouse, the attorney’s at Padway & Padway know how to defend you at every step of your case.
Make the call and the skilled attorneys at Padway & Padway Law Offices will be by you or a family members side no matter the time or place because we know how important it is to you, your loved ones, and your case. It is what we do best. Welcome to the Family.
At Padway & Padway Law Offices, we have the skillset, experience, and expertise to assist and defend you throughout the drunk driving process. Our criminal defense lawyers start at the very beginning by holding law enforcement accountable and by protecting your constitutional rights to be free from unconstitutional seizures and /or traffic stops. We zealously attack law enforcement’s decision to turn a routine traffic stop into a drunk driving investigation thereby unconstitutionally prolonging the seizure absent suspicious and articulable factors. Our criminal defense lawyers continue to hold law enforcement accountable for a failure to properly perform field sobriety test while also defending your performance on the tests. We challenge the preliminary breath test and law enforcements ultimate decision to arrest you. And that is only the beginning of the defense. The lawyers at Padway & Padway Law Offices are proficient at challenging your breath alcohol results or your blood results. We successfully defend alcohol drunk driving cases and controlled substance drunk driving cases. We understand the importance of your license and your freedom. We take care of the administrative component such as license suspension, revocation, and refusal matters as well. We analyze every angle of your case and leave no stone unturned.
Defending DUI Charges in Milwaukee and Throughout the State of Wisconsin.
Being charges with driving under the influence requires a highly skilled defense team. The driving under the influence defense lawyers at Padway & Padway Law Offices effectively defend DUI charges in Milwaukee and across the State of Wisconsin. Driving under the influence of alcohol or under the influence of a controlled substance is aggressively prosecuted in the State of Wisconsin. These types of cases are highly technical and the lawyers at Padway & Padway Law Offices understand the science, the law, the equipment, and the ways to defend against these charges. A closer look at some of the more common DUI charges below.
Types of DUI Charges:
Under the Influence: defined as driving under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance, and a controlled substance analog, or under the influence of any other drug to a degree which renders him or her incapable of safely driving.
With a Prohibited Alcohol Concentration: defined as driving with an alcohol concentration above the legal limit. The legal limit is a .08 alcohol concentration, but that amount is lower for those that have an ignition interlock device installed on their vehicle, operate a commercial motor vehicle, or have three or more prior DUIs.
With a Restricted Controlled Substance: defined as driving with a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood at the time of driving.
How We Defend:
By Protecting Your Constitutional Rights: We fight every aspect of your case. We challenge the unconstitutional traffic stops; unconstitutional extension of traffic stops; unconstitutional searches; unconstitutional DUI investigations; and unconstitutional arrests all of which may result in a dismissal of your case.
By Challenging the Field Sobriety Tests: We know how to defend you against assertions of failed field sobriety tests. We defend you against a “failed” horizontal gaze nystagmus test, or a “failed” walk and turn test on an imaginary line, or a “failed” one legged stand test.
By Challenging the Breath Results: We don’t just accept your breath results. We attack your breath results. We use the measurement of uncertainty, the calibration process, certification process, temperature settings on the machine, the concept of radio frequency interference, the faulty observation period, and more to show the unreliability of these testing devices and procedures.
By Challenging the Blood Results: We don’t just accept your blood results. We attack your blood results. We focus on the blood draw, the storage of your tube, the contamination of your sample, the calibration of the gas chromatography equipment, the faulty science behind it, and more to show the unreliability of these testing devices and procedures.
By Challenging your Prior DUIs / OWIs: We challenge the validity of a prior DUI judgment of conviction if you were denied your right to an attorney under the Constitution.
By Winning Jury Trials: We expose the errors in testing equipment, challenge the substances alleged to be found in your blood, contest that you were under the influence at the time of driving, and help you avoid the life-altering consequences of a DUI conviction.
The Penalties:
DUI - First Offense: – Civil Forfeiture / $150-$300 Fine / No Confinement / 6–9-month license revocation / Occupational License available immediately / potential IID requirement
DUI – First Offense with Minor < 16 in Vehicle: Criminal Misdemeanor / Fine $350 - $1100 / 5 days to 6 months confinement / 12–18-month license revocation / Occupational License available immediately / Potential IID requirement
DUI – Second Offense [no prior in 10 years]: Civil Forfeiture / $150-$300 Fine / No Confinement / 6–9-month license revocation / Occupational License available immediately.
DUI – Second Offense [prior w/in 10 years]: Criminal Misdemeanor / $350 – $1,100 Fine / 5 days – 6 months confinement / 12 – 18-month license revocation + confinement length / IID / 45 day wait for Occupational License
DUI – Third Offense: Criminal Misdemeanor / $600 - $2,000 Fine / 45 days – 1 year confinement / 2-3 year license revocation + confinement length / IID / 45 day wait for Occupational License
DUI – Fourth Offense: Class H Felony / $600 - $10,000 Fine / 60 days – 6 years / 2-3 years license revocation + confinement length / IID / 45 day wait for occupational license
DUI – Fifth or Sixth Offense: Class G Felony / $600 - $25,000 / 1-10 years / 2–3-year license revocation + confinement length / IID / 45 day wait period for occupational license
DUI – Seventh, Eighth, or Ninth Offense: Class F Felony / Up to $25,000 fine / 3 – 12.5 years / 2–3-year license revocation + confinement length / IID / 45 day wait period for occupational license
DUI – Tenth or Greater Offense: Class E Felony / Up to $50,000 fine / 4 – 15 years / 2-3 years license revocation + confinement length / IID / 60 day wait for occupational license
Causing Injury [no prior DUI]: Criminal Misdemeanor / $300 – $2,000 Fine / 30 days – 1 year confinement / 1–2-year license revocation + confinement length / IID / 60 day wait for Occupational License
Causing Injury [prior DUI]: Class H Felony / Up to $10,000 fine / Up to 6 years confinement / 1–2-year license revocation + confinement length / IID / 60 day wait for Occupational License
Causing Great Bodily Harm: Class F Felony / Up to $25,000 fine / Up to 12.5 years / 2-year license revocation + confinement length / IID / 120 day wait for Occupational License
Homicide While OWI: Class D Felony / Up to $100,000 fine / Up to 25 years / 5 year license revocation + Confinement length / IID / 120 day wait for Occupational License
Homicide While OWI [prior offense]: Class C Felony / up to $100,000 Fine / Up to 40 years / 5 year license revocation + Confinement length / IID / 120 day wait for Occupational License