Skip to main content

BELOIT OWI LAWYERS

What is OWI?

Driving while intoxicated, often called DUI, OWI, or DWI, is a serious problem that has gained attention in Wisconsin. Many DUI charges and convictions stem from aggressive law enforcement, faulty testing equipment, or questionable results from field sobriety tests. Hiring an experienced OWI attorney in Beloit can give you a better chance of winning your case.

A drunk driving conviction can lead to serious consequences, such as losing your job, paying fines, and having your driver’s license suspended. Therefore, it's crucial to know your rights from the start.

To safeguard your reputation, integrity, and freedom, please call our Beloit OWI attorneys at Birdsall Muller for a free consultation. Our firm's OWI attorneys have a proven success rate.


The Facts about DUI/OWI - Operating a Vehicle While Under the Influence

Wisconsin DUI attorneys serving BeloitThe State of Wisconsin must prove the following 3 elements:

  1. That you operated a motor vehicle
  2. On a public highway
  3. That you were under the influence of an intoxicant at the time of driving such that it impaired your judgment and ability to drive with a steady hand. You should not be charged with DUI without breathalyzer or blood test.

Can you refuse a field sobriety test? 

Please watch the corresponding video on this page, created by our OWI law firm in Milwaukee.

First offense drunk driving charges may not result in jail penalties—unless there is a resulting injury or a child under 16 years old is in the vehicle, in which case a first offense DUI conviction includes a mandatory jail sentence.

Jail time for a second DUI is mandatory, and misdemeanors can eventually turn into felonies. Our DUI defense firms in Milwaukee specialize in drunk driving cases.

Fourth and subsequent DUI charges are felonies. Suppose you're pulled over for operating while intoxicated. In that case, our experienced Beloit DUI law firm may be able to help prevent you from serving time, depending on how the arrest was carried out and whether the arresting officer followed proper procedures. If proper procedures were not followed, the chances of excluding evidence increase.

Birdsall Muller is the premier Beloit DUI law firm. Our Beloit DUI attorneys are known to be the most experienced Wisconsin DUI attorneys in the state. 

Important Documents and Steps

Anytime you have been accused of OWI (essentially failing either a breath, blood (having a blood alcohol content of .08 or above) or field sobriety test) you will be given several documents that will help us start forming your defense:

  1. Informing the Accused (Implied Consent Law): This document tells you that you are required by law to give a sample of your blood, breath, or urine for the purpose of measuring your level of intoxication. In order to take this sample, the officers must read the Informing the Accused form to you before they act.
  2. Notice of Intent to Suspend Driving Privileges: As a result of your arrest, the State will move to suspend your driver’s license “administratively” (as opposed to “judicially”) while your case is pending. As a result of this move by the state, you are entitled to an Administrative Suspension Review Hearing (ASRH) within 30 days of the date you were notified that your license would be suspended. It is important to remember that you must request this hearing in writing within 10 days of your arrest. If you are ultimately suspended, you may still be able to obtain an occupational license during this time (unless it is your 2nd OWI within 5 years). Any suspension time while your case is pending will be credited towards any future suspension or revocation that may result.
  3. Intoximeter read-out (from breathalyzer): The result of this test will go a long way in determining how to defend your case. If you are close to the “legal limit,” you may want to focus on when and how the test was conducted, whether you were in the alcohol absorptive or discharge phase at the time of driving, and whether there may have been defects in the machine. If you tested high (.15 or above), you will want to focus on legal arguments that would exclude the test, or other damaging evidence altogether (illegal searches, non-Mirandized statements, etc.) If the results of the test do not correspond to what is observed on the squad video, you may have what is termed a ‘disconnect defense.’
  4. If you had blood drawn, then you will likely be sent the results (with a citation for operating with a “prohibited alcohol concentration”) in the mail at a later date.

After the ASRH, you will have your initial appearance, during which you will enter a plea of not guilty. The matter will be scheduled for a pretrial hearing, where we will file motions to challenge the stop, arrest, and the admissibility of the chemical sample when those motions are deemed appropriate.

 If these motions fail, you must either enter a plea to the charge or take the case to trial. At trial, our Beloit OWI attorneys will challenge the validity of the field sobriety tests, chemical results, and the methodology used in obtaining those chemical results.

Do I need a DUI defense lawyer?

It's imperative that you secure the best Beloit DUI lawyer by contacting Birdsall Muller. Our team has years of experience as DUI and OWI lawyers in Beloit, WI.

Beloit Practice Areas


FREE & CONFIDENTIAL

Start Building Your Case

Tell us what happened. Your free, one-time consultation is completely confidential — no pressure, no judgment.

Contact Wisconsin's criminal defense attorneys at Birdsall Muller

1219 N. Cass Street
Milwaukee, WI 53202


Birdsall Muller Milwaukee Wisconsin Criminal Defense Lawyers

Milwaukee criminal defense attorneys dedicated to protecting your rights, your record, and your future. We fight for your rights.

MILWAUKEE OFFICE

1219 N. Cass Street
Milwaukee, WI 53202

(414) 831-5465
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.