An Illinois driver may choose to fight the case since the penalties can be greater for an OWI in the state of Wisconsin than it would be if received in Illinois. When fighting a DUI it is crucial to have a Milwaukee DWI lawyer look over your case to make sure you get the best defense and outcome.
A Lawyer Can Build a Strong Defense for You By:
- Collecting all the records and evidence in the case that will be used against you
- Reviewing all the evidence to build a defense in your case
- Looking into the probable cause for the stop if you got pulled over by the PD
- Looking into the probable cause of the arrest to make sure your rights weren’t violated
- Investigating the chemical test
- Looking into the evidence and making sure it was handled correctly
- Watching all videos that relate to your case
- Making sure you were given due process in the whole OWI arrest process
- Going to court with you on all court dates
- Appearing for motions or trials in your case
Seeking An Attorney in Wisconsin:
If you have an Illinois driver’s license and you get an OWI in Wisconsin it is important to speak to an attorney. In Wisconsin, the first OWI offense is not a criminal case, however, in Illinois it is.
If you refuse to take the chemical test the penalties can be different for a refusal than an DUI in Illinois.
What to Know About OWI Charges in Illinois vs. Wisconsin:
- Illinois treats the first OWI conviction must harsher than Wisconsin in terms of revocation length, getting an occupational driver’s license, and applying to reinstate your license with the Secretary of State.
- If you get an OWI in Wisconsin it will be reported to Illinois, your driver’s license will be revoked and you have to follow Illinois penalties.
- In Illinois it is much easier to avoid a conviction for a first offense OWI then it is in Wisconsin. Many times in Illinois you are able to enter a plea-bargain to reduce the DUI charge to “court supervision.” This will entail taking some classes and having a suspension in exchange for the case getting dismissed.
- If you get an OWI in Wisconsin, the state will likely not offer a plea deal.
- While the penalties for a first offense OWI in Wisconsin is less than Illinois, if you are an Illinois driver convicted in Wisconsin you will face harsher penalties of being convicted for a first offense DUI in IL.
- A first offense DUI conviction in Illinois results in a revocation of your driver’s license for 1 year. You will have to apply to reinstate your license through the Illinois Secretary of State. In many instances, this process can take 2-3 years.
- Getting an occupational driver’s license or an RDP (Restricted Driving Permit) in Illinois can be tricky. You may have to consult with an attorney and it can take months before getting this permit.
Refusals For Illinois Drivers:
If you have a refusal in Wisconsin and you are an Illinois driver there are some options for making a plea deal that can lower the penalties. A refusal will result in a 1 year suspension of your driver’s license in which you can pay a fee to reinstate after the period is over.
In some instances the Wisconsin court will make a plea deal. One of the primary plea bargains in Wisconsin are guilty pleas. The DUI will be dropped if the defendant pleads guilty to the refusal. This refusal will show up on your Illinois driver’s record as “Out of State Refusal Suspension”.
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John Bayer grew up in Green Bay, Wisconsin. After graduating with his B.A in English from the University of Wisconsin-Madison in 2006, John earned his law degree from Marquette University Law School in 2009. He continued to go on and passed the California State Bar Exam.
Schedule a free consultation with Bayer Law Offices online or by phone at (414) 939-9650 to plan your next steps today.