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Criminal Defense 5.04.2023

AVOIDING COMMON MISTAKES IN WISCONSIN DUI CASES

Being charged with a DUI (Driving Under the Influence) can be a stressful and life-altering experience. In Wisconsin, the consequences of a DUI conviction can include hefty fines, license suspension, and even jail time. It is crucial to understand the common mistakes people make in DUI cases and how to avoid them. This blog post will outline the top five tips for avoiding these common mistakes and provide valuable advice for navigating the complex legal process.

Misunderstanding Wisconsin's Implied Consent Law

One of the most common and costly errors is refusing a chemical test (breath, blood, or urine) after a DUI arrest. Under Wisconsin’s Implied Consent Law, drivers automatically consent to chemical testing when they operate a vehicle on public roads.

What happens if you refuse a test?
Refusal typically results in an automatic license suspension of at least one year, plus the installation of an Ignition Interlock Device (IID) on your vehicle—even for a first offense. This refusal can also be used against you in court as evidence of guilt.

Avoid this mistake by understanding your rights and complying with lawful requests from officers. Your attorney can later challenge whether the stop or arrest was lawful—but refusing the test adds complications.

Assuming You’re Automatically Guilty

Many people arrested for DUI mistakenly believe that a failed breathalyzer test seals their fate. But that's not true. There are numerous possible defenses to DUI charges in Wisconsin, such as:

  • Faulty breathalyzer calibration or operation
  • Medical conditions that can produce false positives (e.g., diabetes, GERD)
  • Unlawful police stops or searches

You are presumed innocent until proven guilty. Never plead guilty or admit fault without first speaking to an experienced DUI defense attorney.

Underestimating the Serious Consequences of a DUI Conviction

Even a first-time DUI/OWI offense in Wisconsin can lead to:

  • Fines of $150–$300 (plus surcharges)
  • A license revocation for 6 to 9 months
  • Mandatory alcohol assessment
  • Higher car insurance premiums
  • Job loss or difficulty finding employment

Repeat offenses escalate significantly and may include jail time, felony charges, and long-term IID installation. A conviction can also impact custody agreements, professional licenses, and future travel to other countries.

Understanding these consequences underscores the importance of proactive legal representation and strategic planning.

Waiting Too Long to Hire a DUI Attorney

One of the biggest mistakes you can make is delaying the decision to hire an attorney. The DUI legal process in Wisconsin moves quickly, and missing deadlines (such as your 10-day window to request an administrative hearing to save your license) can be detrimental to your case.

By hiring a Wisconsin DUI lawyer as soon as possible, you can:

  • Protect your rights during questioning
  • Begin building a strong defense immediately
  • Ensure evidence is preserved
  • Navigate court procedures with confidence

At Bayer Law Offices, we focus on defending clients in OWI/DUI cases throughout Wisconsin. Don’t wait—early action is critical.

Failing to Be Proactive in Your Own Defense

Judges and prosecutors often look favorably upon individuals who take responsibility and demonstrate a commitment to change. Being proactive can improve your legal outcomes and potentially reduce penalties. Consider:

  • Enrolling in alcohol education or treatment programs
  • Installing an Ignition Interlock Device (IID) voluntarily
  • Attending counseling or substance abuse support groups
  • Completing community service

These steps show that you’re taking the charge seriously and can influence negotiations, especially in plea deals or sentencing.

Final Thoughts: Take Action Now to Protect Your Future

Facing a DUI charge in Wisconsin is daunting—but avoidable mistakes don't have to define your outcome. By understanding your rights, acting quickly, and securing strong legal representation, you can avoid common pitfalls and give yourself the best chance at a positive result.

If you’ve been charged with DUI/OWI in Wisconsin, contact Bayer Law Offices today for a free consultation. We’ll review your case, explain your options, and build a customized defense strategy tailored to your situation.

Contact Bayer Law Offices today for expert legal assistance and guidance if you're facing a DUI charge in Wisconsin!

Being charged with a DUI (Driving Under the Influence) can be a stressful and life-altering experience. In Wisconsin, the consequences of a DUI conviction can include hefty fines, license suspension, and even jail time. It is crucial to understand the common mistakes people make in DUI cases and how to avoid them. This blog post will outline the top five tips for avoiding these common mistakes and provide valuable advice for navigating the complex legal process.

Misunderstanding Wisconsin's Implied Consent Law

One of the most common and costly errors is refusing a chemical test (breath, blood, or urine) after a DUI arrest. Under Wisconsin’s Implied Consent Law, drivers automatically consent to chemical testing when they operate a vehicle on public roads.

What happens if you refuse a test?
Refusal typically results in an automatic license suspension of at least one year, plus the installation of an Ignition Interlock Device (IID) on your vehicle—even for a first offense. This refusal can also be used against you in court as evidence of guilt.

Avoid this mistake by understanding your rights and complying with lawful requests from officers. Your attorney can later challenge whether the stop or arrest was lawful—but refusing the test adds complications.

Assuming You’re Automatically Guilty

Many people arrested for DUI mistakenly believe that a failed breathalyzer test seals their fate. But that's not true. There are numerous possible defenses to DUI charges in Wisconsin, such as:

  • Faulty breathalyzer calibration or operation
  • Medical conditions that can produce false positives (e.g., diabetes, GERD)
  • Unlawful police stops or searches

You are presumed innocent until proven guilty. Never plead guilty or admit fault without first speaking to an experienced DUI defense attorney.

Underestimating the Serious Consequences of a DUI Conviction

Even a first-time DUI/OWI offense in Wisconsin can lead to:

  • Fines of $150–$300 (plus surcharges)
  • A license revocation for 6 to 9 months
  • Mandatory alcohol assessment
  • Higher car insurance premiums
  • Job loss or difficulty finding employment

Repeat offenses escalate significantly and may include jail time, felony charges, and long-term IID installation. A conviction can also impact custody agreements, professional licenses, and future travel to other countries.

Understanding these consequences underscores the importance of proactive legal representation and strategic planning.

Waiting Too Long to Hire a DUI Attorney

One of the biggest mistakes you can make is delaying the decision to hire an attorney. The DUI legal process in Wisconsin moves quickly, and missing deadlines (such as your 10-day window to request an administrative hearing to save your license) can be detrimental to your case.

By hiring a Wisconsin DUI lawyer as soon as possible, you can:

  • Protect your rights during questioning
  • Begin building a strong defense immediately
  • Ensure evidence is preserved
  • Navigate court procedures with confidence

At Bayer Law Offices, we focus on defending clients in OWI/DUI cases throughout Wisconsin. Don’t wait—early action is critical.

Failing to Be Proactive in Your Own Defense

Judges and prosecutors often look favorably upon individuals who take responsibility and demonstrate a commitment to change. Being proactive can improve your legal outcomes and potentially reduce penalties. Consider:

  • Enrolling in alcohol education or treatment programs
  • Installing an Ignition Interlock Device (IID) voluntarily
  • Attending counseling or substance abuse support groups
  • Completing community service

These steps show that you’re taking the charge seriously and can influence negotiations, especially in plea deals or sentencing.

Final Thoughts: Take Action Now to Protect Your Future

Facing a DUI charge in Wisconsin is daunting—but avoidable mistakes don't have to define your outcome. By understanding your rights, acting quickly, and securing strong legal representation, you can avoid common pitfalls and give yourself the best chance at a positive result.

If you’ve been charged with DUI/OWI in Wisconsin, contact Bayer Law Offices today for a free consultation. We’ll review your case, explain your options, and build a customized defense strategy tailored to your situation.

Contact Bayer Law Offices today for expert legal assistance and guidance if you're facing a DUI charge in Wisconsin!

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