Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
DUIs are fairly common in Wisconsin: there were a total of 7,519 crashes involving impaired drivers in the state in 2022 alone. The consequences of DUI can range from probation to years in jail, depending on the circumstances surrounding the case. Therefore, hiring a lawyer in DUI cases who can help you navigate the legal system is always a good idea.
Forbes Advisor has prepared a list of the best DUI lawyers in Milwaukee to provide you with easy access to the best representation in the city.
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Best DUI Attorneys in Milwaukee, WI
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DUI Laws in Wisconsin
If you are charged with a DUI in Wisconsin, it is a good idea to understand the laws that may apply to your case. This will help you keep track of deadlines and follow along with your lawyer’s strategies better. Below is a brief note on DUI laws in the state.
Legal Blood Alcohol Concentration (BAC) in Wisconsin
For any driver over the age of 21, operating a motor vehicle with a BAC of 0.08 or higher will lead to an Operating While Intoxicated (OWI) charge. For drivers under the age of 21, this limit is zero. This means that if you are found with any detectable amount of alcohol in your system, you may face criminal charges ranging from misdemeanors to felonies.
Without regard to your BAC, you can also be charged with an OWI if you are found driving:
- Under the influence of any intoxicant, controlled substance or any other drug or
- With a detectable quantity of any restricted controlled substance in your blood.
If you have three or more prior OWI convictions, you cannot drive with a BAC higher than 0.02 in Wisconsin.
Implied Consent Laws in Wisconsin
According to the implied consent law in Wisconsin, if you are driving on public highways within the state, you consent to submit your blood, breath or urine for chemical testing to detect alcohol and drugs upon request from an enforcement officer. Although you still retain the right to refuse these tests in most cases, you will face additional consequences for your refusal.
If you do not take the test, your license is revoked for one year for your first OWI, two years for your second OWI and three years for any subsequent OWI arrests. The enforcement officer making the request will issue a notice of revocation, which states that your driving privileges will be revoked 30 days from the issuance of the notice. You may file a written request with the court to challenge the revocation within 10 days of this date.
DUI Penalties in Wisconsin
If convicted, your penalties for OWI depend on the circumstances surrounding your case. Here is a brief guide to the DUI penalties in Wisconsin.
First Offense
Criteria: BAC ≥ 0.08
Fine: $150 to $300 plus OWI surcharge
License Revocation: Six to nine months
Ignition Interlock Device: If BAC higher than 0.15 or chemical test refused
Second Offense
Criteria: BAC ≥ 0.08
Fine: $350 to $1,100 plus OWI surcharge
Minimum imprisonment: Five days
Maximum imprisonment: Six months
License Revocation: 12 to 18 months after release
Ignition Interlock Device: One year to 18 months after release
Third Offense
Criteria: BAC ≥ 0.08
Fine: $600 to $2,000 plus OWI surcharge
Minimum imprisonment: 45 days
Maximum imprisonment: One year
License Revocation: Two to three years after release
Ignition Interlock Device: One to three years after release
Fourth Offense
Criteria: BAC ≥ 0.02
Fine: $600 to $10,000 plus OWI surcharge
Minimum imprisonment: 60 days
Maximum imprisonment: Six years
License Revocation: Twi to three years after release
Ignition Interlock Device: One to three years after release
Fifth or Sixth Offense
Criteria: BAC ≥ 0.02
Fine: $600 to $25,000 plus OWI surcharge
Minimum imprisonment: One year
Maximum imprisonment: 10 years
License Revocation: Two to three years after release
Ignition Interlock Device: One to three years after release
Seventh to Ninth Offense
Criteria: BAC ≥ 0.02
Fine: Up to $25,000 plus OWI surcharge
Minimum imprisonment: Three years
Maximum imprisonment: 12.5 years
License Revocation: Two to three years after release
Ignition Interlock Device: One to three years after release
Tenth or Greater Offense
Criteria: BAC ≥ 0.02
Fine: Up to $50,000 plus OWI surcharge
Minimum imprisonment: Four years
Maximum imprisonment: 15 years
License Revocation: Two to three years after release
Ignition Interlock Device: One to three years after release
The penalties increase significantly if:
- The driver has a minor under the age of 16 years while driving intoxicated.
- Driver’s alcohol concentration is 0.17 or higher.
- The driver hurts someone while operating a vehicle intoxicated.
- The driver commits homicide while driving under the influence.
- The driver refuses chemical testing to determine alcohol concentration.
What to Expect After a DUI Arrest in Wisconsin
Once you are stopped on suspicion of driving while intoxicated, the officer may request that you submit a sample of your blood, breath or urine for chemical testing to determine your BAC. Once your test results are received, you will receive a Notice of Intent to Suspend at the traffic stop or by mail.
The Notice of Intent to Suspend will state that your driving privilege will be suspended after 30 days from its receipt. You will also receive the administrative review request form and the notice to request an administrative review hearing. You must submit your request within 10 business days if the notice was handed to you at the stop or 13 business days if the notice was mailed to you. The hearing must be held within 30 days, i.e., before your suspension takes effect.
If it is determined that the police officer has completed the process properly, your license is suspended for six months. You can appeal the hearing decision by following the instructions in the decision letter. You may also apply for an occupation license to drive to work or school.
If you refuse the chemical test, a search warrant may be issued to collect the sample, and you will receive a Notice of Intent to Revoke. Your driving privileges are revoked 30 days after its receipt. A copy of this notice is also submitted to the court. You can contest the revocation by submitting a written request directly to the court within 10 days.
How Can an Attorney Help You?
Hiring a DUI lawyer will help you:
- Understand your options. Your lawyer can explain to you the intricate details of your case that you may have missed. They can break down the possible consequences and make the legal procedure and penalties easier for you to understand.
- Prepare a strong case. An experienced Milwaukee DUI lawyer will know how to look for procedural loopholes and mistakes to prepare a strong case for you. Even without any procedural issues, a good lawyer will have strategies to get your case dismissed or penalties reduced.
- Secure a strong representation. Your lawyer can assist you in protecting your driving privileges in the administrative review hearing and fight for dismissal or reduced punishment in court. Having a strong representation can increase your chances of walking away with the minimum punishment.
How to Choose the Best DUI Lawyer in Milwaukee
Hiring a good Milwaukee DUI lawyer can help you secure a dismissal or reduced punishment. You may walk away without losing your driving privileges and resume your life with minimum consequences. Here are a few things you should consider before hiring an attorney for your case.
- Testimonials. Many people share their experiences working with lawyers online. Reading these reviews can give you an insight into the lawyer’s working methods and temperament. You can easily find these testimonials on lawyer’s websites and other popular review sites.
- DUI Experience. A good DUI lawyer in Milwaukee will have prior experience and strategies in place to secure dismissals, reduced sentences and acquittals for their clients in DUI cases. Therefore, it is a good idea to hire a lawyer who has plenty of experience dealing with DUI charges.
- Budget. DUIs can be expensive, especially if your case goes to trial. So, you should always have an understanding of the total possible expense including the lawyer’s projected fee, so you can make an informed decision based on your budget.
Methodology
To come up with the best DUI lawyers in Milwaukee in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Do you lose your license immediately after an OWI in Wisconsin?
If you fail the BAC test in Wisconsin, the enforcement officer will take possession of your driver’s license and issue a notice of suspension. This notice serves as a temporary license for 30 days, and if you do not challenge the suspension within the allotted time, your driving privileges will be suspended after 30 days.
If you refuse to take the test, the enforcement officer will issue a notice to revoke by court order and forward your license to the court. Similar to the notice of suspension, this notice will act as a temporary license for 30 days, after which your driving privileges are revoked.
How many points is a DUI in Wisconsin?
In Wisconsin, you receive demerit points for every traffic violation conviction. If you accumulate 12 points in 12 months, your license is suspended. If you possess a regular license, you will receive six demerit points for an OWI conviction. If you do not have a license or hold an instruction permit or a probationary license, you will receive 12 points for an OWI conviction.
Do you have to get an interlock for your first OWI in Wisconsin?
If your BAC is higher than 0.15 or you refuse to submit the requested sample for the chemical test, the judge will order an ignition interlock device for your first OWI conviction. You must install the device in every vehicle you own. The court will order interlock device installation for every subsequent OWI conviction.
