DUI Defense
LAW OFFICE OF
JAMES ALLEN
Making a difference
one client at a time
"Every client should
feel important"
In Wisconsin, OWI (Operating a vehicle While under the Influence)
substantial penalties.

In Wisconsin in order to be found guilty of OWI it must be
demonstrated that you:

A.         Drove or operated a motor vehicle; and
B.         On a public highway; and
C.         Were under the influence of an intoxicant, controlled substance or
any other drug to a degree rendering you incapable of safely driving;
or Have a detectable amount of a restricted controlled substance in
your blood; or Had a prohibited level of alcohol concentration

The maximum penalties for OWI in Wisconsin are harsh and can
include:

1st Offense:        
6 license demerit points, $300 fine (plus OWI surcharge and court costs),
license revocation for 9 months

While the 1st offense of OWI in Wisconsin is not a criminal offense, there
are many advantages of an aggressive defense to the charge. Being found
guilty of a first OWI offense has enormous implications if you are later
charged with another OWI in the future.

2nd Offense:        
6 license demerit points, $1100 fine (plus OWI surcharge and court costs),
license revocation for 18 months, and 6 month in jail

3rd Offense:        
6 license demerit points, $2000 fine (plus OWI surcharge and court costs),
license revocation for 3 years, and 1 year in jail

4th Offense:        
6 license demerit points, $2000 fine (plus OWI surcharge and court costs),
license revocation for 3 years, and 1year in jail

2nd, 3rd and 4th OWI offenses involve misdemeanor criminal charges.
Starting with the 3rd OWI offense, fines can be doubled, tripled or even
quadrupled based on how far above the legal BAC (blood   alcohol content)
limit you are.

5th + Offense:     
6 license demerit points, Felony criminal charge with a maximum penalty of 6
years in prison in addition to a $2000 fine (plus OWI surcharge and court
costs), and license revocation for 3 years.

In addition it should be noted that those convicted of an OWI where a child
under the age of 16 was in the car fines, revocation/suspension periods and
jail time are all doubled.

At the Law Office of James Allen, we take OWI charges very
seriously.
 We understand that in addition to the severe penalties listed
above, OWI convictions have long reaching impacts on the life of the
defendant.  We aggressively defend the rights of every OWI client in every
case.  If we cannot successfully resolve your case with the Assistant District
Attorney who is prosecuting your case, we are prepared to defend your case
on its merits at trial.

Contrary to popular wisdom, it is possible to defend OWI charges at
trial.
 While there are numerous possible defenses based on the specific
details of your case, some of the important defenses to consider are:
1.        Was the intoximeter working properly, calibrated correctly, how deep
were your breaths into the machine, etc?
2.        What is the reliability of the field sobriety test that was used (walking
heel to toe, being asked to speak the alphabet backwards, standing
on one leg, etc). Some of these tests can be difficult to pass if sober
and may be even less reliable based on other factors such as the
shoes the accused is wearing, the weather, nearby traffic at the time,
etc.
3.        Did the officer have probable cause to arrest you?
4.        Were you read your Miranda rights (5th Amendment right not to
make any self incriminating statements)?
5.        Based on the facts of your case there may be many other factors that
we can use to help in your defense.  
Contact us today at (612)                    
656-9006 so we can discuss your case!

For many reasons it is very important that you contact us as soon as
possible after for arrest.
 For example after you receive a Notice of Intent
to Suspend form, you only have ten days to request an administrative review
request to challenge that suspension.  Similarly if your received a Notice of
Intent to Revoke form (after you refuse to take a BAC test and you are
charged with that refusal in addition to an OWI charge) you only have ten
days to demand a refusal hearing to challenge that revocation.

If your license is already suspended or revoked, call us and we can talk to
you about your options.
This link explaining the occupational license
qualification requirements may be of interest to you. Please do not continue
to drive if your license is suspended or revoked! Similar to OWI charges the
penalties for driving after revocation become harsher based on the number of
offenses.  Contact us now so we can help resolve your legal problems before
they get any worse!

At the Law Office of James Allen we pride ourselves in giving all of our
clients a very aggressive OWI defense at extremely competitive prices. We
offer you the option to choose between paying our standard hourly rate and
paying a low flat fee to cover all of our legal services relating your case.

Disclaimer: The above information contains generalizations and should
not be construed as legal advice.  Each OWI case is very different.  
Please contact us today at (612) 656-9006 so we can discuss your
specific circumstances!