Wisconsin Felony OWI Charge Lawyers

Experienced Defense to DUI Felony Charges in Waukesha & Milwaukee: 4th Offense (w/in 5 years), OWI 5th or Subsequent Offenses, DUI Causing Injury & Vehicular Homicide

FAQ: Wisconsin Felony Drunk Driving Offenses

Wisconsin Drunk Driving Penalties:
The incarceration and penalty structure for DUI convictions in Wisconsin is:
Unfortunately, Wisconsin has the highest drunk driving rate in the country.  As a result, a large part of our practice at Gamiño Law Offices, LLC is dedicated to DUI defense in Waukesha and Milwaukee, WI.  That means our Waukesha and Milwaukee DUI lawyers are well vetted and experienced Wisconsin OWI lawyers.  If you've been arrested or charged with a felony drunk driving offense anywhere in Wisconsin, you need an aggressive defense team.  Our lawyers have represented clients for over 15 years in felony DWI matters throughout the Milwaukee area, including:  4th offenses within 5 years, OWI 5th and subsequent offenses, DUI Causing Injury and Vehicular Homicide. We are prepared to litigate all possible defenses to win your case at every stage of the proceedings, and to help you find AODA or other treatment options if you need them.  Contact our respected Milwaukee DUI felony defense lawyers to learn more about your options.
*Free Initial Consultations In Wisconsin Felony OWI Cases
*Flat Fee Agreements and Payment Plans Available
*Hablamos Español
For more information about Waukesha and Milwaukee criminal defense/DUI law, divorce and family law, or immigration law; or about other legal services available in our Milwaukee or Waukesha offices, please contact us today!  Also visit our informative Wisconsin criminal law resources page.  
CRIMINAL LAW PRACTICE
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414-383-600 in Milwaukee
262-650-6700 in Waukesha
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CRIMINAL LAW PRACTICE
​We represent clients facing felony drunk driving cases anywhere in Milwaukee, Waukesha or WI, including:
  • All Felony Drunk Driving Offenses (OWI / DUI/ DWI & Prohibited Alcohol Concentration / PAC)
         - 3rd or subsequent OWI offenses where there is a passenger under at age 16 in the motor vehicle                at the time of the violation.​ Wis. Statutes 346.63 (1) or (2) & 346.65(2)(f)2.
         - 4th DWI offenses within 5 years of a prior offense. Wis. Stats. 346.63 (1) or (2) & 346.65(2)(am)4m.
         - 5th or 6th Offense DUI.  Wis. Statutes 346.63 (1) or (2) & 346.65(2)(am)5.
         - 7th, 8th, or 9th Offenses for drunk driving.  Wis. Statutes 346.63 (1) or (2) & 346.65(2)(am)6.
         - 10 or subsequent OWI offenses.  Wis. Statutes 346.63 (1) or (2) and 346.65(2)(am)7.
Alcohol Treatment Court:
​Alcohol treatment court is available after conviction for a third or fourth offense of OWI in Waukesha County.  For more information on this ground breaking initiative, see our information on misdemeanor drunk driving.  


Alcohol and Drug Intervention and Treatment Resources in SE Wisconsin:

Alcohol/Drug Treatment in Kenosha:
AODA assessments - Hope Council
Treatment options and victim impact panels -
Alcohol & Other Drugs Council of Kenosha County
Treatment options - 
The Watershed Addiction Treatment Programs

Alcohol/Drug Treatment in Jefferson County:
AODA Assessments -
 Jefferson County Human Services Department
Treatment options and victim impact panels - 
Fort Hospital
Treatment options - 
Cornerstone Counseling 

Alcohol/Drug Treatment in Milwaukee County:
Treatment options and victim impact panels -
Wisconsin Community Services
AODA Assessments - Impact
Treatment options -
Genesis Behavioral Services (414) 536-3530 or 
                                           (414) 344-3406 
Shorehaven Behavioral Health
Aurora Psychiatric Hospital
Covanent Behavioral Health (414) 874-4560

Alcohol/Drug Treatment in Ozaukee County:
Treatment options and victim impact panels - 
The Council
AODA Assessments - Ozaukee County Human Services
Treatment Options - 
Comprehensive Counseling (262) 284-5789

Alcohol/Drug Treatment in Walworth County:
Treatment options and victim impact panels - 
Walworth County DA's Office
AODA Assessments - Walworth County DHHS
Treatment Options -
Credence Therapy Assn (262) 723-3424
Mt. Zion House (262) 249-8934

Alcohol/Drug Treatment in Washington County:
AODA Assessments, treatment options and victim impact panels - 
The Council
Treatment Options -
Aro Behavioral Health (262) 338-9498
Affiliated Clinical Svc Inc (262) 338-2717
Genesis Behavioral Svs (262) 338-8611

Alcohol/Drug Treatment in Waukesha County:
​AODA Assessments, treatment options and victim impact panels -  Addiction Resource Council
Treatment Options -
ARO Counseling (262) 534-9416
La Casa de Esperanza
Rogers Memorial Hospital
The Lawrence Center (262) 928-4253

Challenges to Counting Prior DUI Offenses:
Drunk driving conviction sentencing penalties are affected by the number of prior convictions.  The number of prior offenses is the total of any prior DUI or PAC convictions; any convictions for injury by intoxicated use of a vehicle or homicide by intoxicated use of a vehicle; any court ordered driver's license revocations for violations of Wisconsin's implied consent law; and any convictions for similar offenses in other states.  As part of a thorough defense, it is important to review the court records for any prior offenses included in any DUI prosecution.  The experienced OWI attorneys at Gamiño Law Offices, LLC bring challenges to prior offense from being counted as priors, such as:  
  • Whether all the alleged prior convictions are valid - was our client actually convicted of the prior offense(s)?  
  • Whether an alleged prior DWI offense from another jurisdiction involved conduct that is sufficiently similar to prohibited conduct under Wisconsin's DWI laws in order to be counted?
  •  Whether our client was represented by a lawyer when he or she was convicted of each of the prior offense.  If our client did not have a lawyer in any of the prior offenses, whether our client was denied his or her constitutional right to a lawyer, either with an unknowing waiver of his or her right or because our client was prejudicially represented by an ineffective lawyer?   
We litigate all available pretrial motions & defenses to improve your case:
  • Motions to suppress evidence based on warrantless "stops" of your vehicle; improper field sobriety & blood, breath, or urine blood alcohol concentration testing or unreliable results.
  • Challenges to prior convictions to reduce the number of offenses counted towards sentencing.
  • Challenges to implied consent violations for refusing to submit to a requested BAC test.
Implied Consent Violations - Refusal to Submit to BAC Testing:
​If you have been arrested for drunk driving and are alleged to have refused a blood, breath or urine test we can help! The police often report questions or fear about the tests as refusals. It is important to have a lawyer promptly request refusal a hearing to avoid an automatic driver's license revocation for a violation of Wisconsin's implied consent law by refusing to take a blood alcohol concentration test. Alleged implied consent violations should also be challenged because any driver's license revocation that is imposed as a result of the refusal may be counted as a prior conviction for OWI if you are ever convicted of drunk driving related to another incident in the future.


Challenges to Field Sobriety Testing and Basis to Arrest or Request BAC Testing:
The police use field sobriety testing as a way to gather evidence to use against you in a trial if you are charged with drunk driving.   We believe the tests are designed to make you fail - ​our Waukesha DUI lawyers have participated in law enforcement training on field sobriety tests where we have failed the tests while stone cold sober. If you cooperate with  field sobriety testing, any mistake you make will be used to determine whether to arrest you and charge you with operating under the influence, and may become evidence against you by the prosecutor in a future trial. However, if you refuse to perform field sobriety tests, your lack of cooperation may be considered when deciding whether to arrest you and request a BAC sample of your blood, breath or urine.  Our aggressive Wisconsin OWI lawyers will make the state prove that the police were acting lawfully when they stopped you and requested field sobriety or BAC testing. If you were illegally stopped by the police, or if the police improperly kept you detained or arrested you, we will stand up for your rights in court  to suppress the results of the illegal police activity.
Blood Alcohol Concentration Determinations, Testing & Validity:
Because the level of alcohol concentration in someone's blood when they are stopped or arrested for drunk driving can affect the prosecutor's decision whether to pursue a criminal DUI charge and the penalties if convicted, often the best defense is to challenge the validity of those results.  Our Milwaukee OWI attorneys know the experts who can verify whether blood, breath or urine testing procedures were proper and whether the results may be invalid.  To get an idea of your BAC level, visit the Wisconsin DOT's blood alcohol estimator
Wisconsin Felony Drunk Driving Lawyers
Lake Mills Criminal Defense Attorney
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