Waukesha & Milwaukee Drunk Driving Defense Attorneys

Presenting a strong defense against OWI charges in Wisconsin

In Wisconsin, a person may be charged with Operating Under the Influence of Intoxicants, a Controlled Substance, or With a Prohibited Alcohol Concentration if:
  • The person drove or operated a motor vehicle on a public highway; and 
  • The person was under the influence of an intoxicant or controlled substance at the time the person drove or operated the motor vehicle;  or,
  • The person had a prohibited alcohol concentration at the time the person drove or operated the motor vehicle.

*A public highway" is any public street, alley, road, highway or thoroughfare of any kind, except waterways, in this state while open to public travel and use.
* "Under the influence of an intoxicant" means the person's ability to drive is impaired by alcohol, controlled substances or or other intoxicants.
*Prohibited Alcohol Concentration" varies depending on the number of prior drunk driving convictions, revocations or suspensions counted under Wisconsin Statute § 343.307(1):
  • An alcohol concentration of 0.08 or higher, if the person has 2 or fewer counted prior DUIs
  • An alcohol concentration of 0.02 or higher, if the person is subject to an ignition interlock order or has 3 or more counted prior drunk driving offenses.  

FAQ: Wisconsin Drunk Driving Offenses

Possible Sentencing Consequences if Convicted of OWI in Wisconsin:
Wisconsin DWI offenses may be a misdemeanor drunk driving offense or a felony, depending on the number of prior convictions.   The sentencing penalties for drunk driving are as follows:
If you've been arrested or charged with a Wisconsin DUI, you need an experienced Milwaukee DUI attorney to represent you. A Milwaukee DUI lawyer at Gamiño Law Offices, LLC is prepared to zealously litigate and win motions to suppress illegal stops and seizures of suspected drunk drivers without probable cause, challenges to the number of prior DUI convictions counted for purposes of sentencing, implied consent refusal hearings based on failure to submit alcohol testing by law enforcement, and OWI jury trials  anywhere in southeastern Wisconsin.  If you have been charged with drunk driving in Wisconsin and are facing a charge of operating while intoxicated (OWI), operating with a prohibited alcohol concentration (PAC), or driving under the influence of alcohol or an intoxicant (DUI) in Milwaukee, Waukesha, or southeastern Wisconsin, our Milwaukee DUI attorneys are ready to fight for you.  Whether this is your first offense drunk driving, or your 10th, a charge of operating under the influence of a controlled substance or a felony DUI causing injury, the best Milwaukee DUI attorney at our firm will provide a vigorous defense against your charges.  
*Free Initial Consultations for Wisconsin DUI Charges
*Flat Fee Agreements and Payment Plans Available
*Hablamos Español
For more information about a Milwaukee DUI lawyer in Waukesha or other needs for a criminal criminal defense lawyer in Milwaukee or Waukesha, please contact us today!  Also visit our informative criminal law resources in Wisconsin page.  
Milwaukee Drunk Driving Defense
CRIMINAL LAW PRACTICE
​We represent clients in drunk driving cases anywhere around Milwaukee, Waukesha or SE WI, including:
  • Alcohol Treatment Court
  • Challenging Blood Alcohol Tests
  • Challenging Field Sobriety Testing
  • Challenging Prior Convictions
  • First Offense Drunk Driving
  • Operating a Motor Vehicle While Intoxicated (OWI / DUI / DWI)
  • Prohibited Alcohol Concentration Offenses
  • Refusal Hearings: Failure to Submit to a Blood Draw or other Breath or Urine Alcohol Testing
Blood/Breath Alcohol Concentration (BAC) Estimations:
Drunk driving related accidents and injuries are in the news daily.  Lawmakers are constantly reviewing OWI regulations and penalties, and there is endless debate about increasing penalties in Wisconsin, including making first DUI convictions criminal offenses making misdemeanor offenses into felonies.  Please do not drink and drive, even authorized BACs as low as  .05 or less can impair your ability to safely operate a vehicle.  Any impairment based on alcohol can subject you to drunk driving consequences.  


Alcohol Treatment Court:
There are 16 active drug courts in Wisconsin, and Waukesha County created the first alcohol treatment court.  The treatment courts were created in response to the serious community problem of repeat operating while intoxicated offenses. The purpose of the alcohol treatment court is to break the cycle of drunk driving, to improve their chance of a sober and healthy life, and to contribute to a safe community while under strict judicial and community supervision. 

The program is comprised of 4 phases, with decreased intensity of services in the progressive phases.  During each phase, participants must comply with routine court appearances, case management appointments, treatment requirements and random AODA testing.  Treatment for participants consists of: assessment and treatment planning, individual and/or group 
counseling for substance use and other issues, regular attendance at community self-help support meetings, and assistance with education, life skills, parenting, financial and employment issues.

Sanctions and therapeutic interventions will be imposed in response to non-compliance. Sanctions may include: time in jail with or without huber release, start current phase over or extend time spent in a current phase, phase demotion, increase frequency of court appearances and/or home/office visits, increase frequency of breath tests and/or urinalysis, increase intensity of treatment and/or re-enroll in treatment, increase self-help support meetings, community service hours, writing assignments, Electronic Monitoring System/SCRAM, or other individually tailored sanctions.

Positive reinforcement is provided for compliance in the program.  Rewards may include: reduced time in jail, graduation to next phase, certificates of completion, encouragement and praise from the team, case called early during court sessions, longer time between court appearances, reduced meetings with case manager, gift certificates (restaurants, grocery stores, etc.), reduced drivers license revocation time.


Challenge Blood Alcohol Testing, Results & Refusals:
​If you have been arrested for drunk driving challenges to the validity of the blood alcohol concentration result; challenging the reliability of the blood, breath or urine alcohol tests chosen by the investigating officer and any requested or refused secondary tests by law enforcement are important litigation strategies in any drunk driving defense.  Our experienced OWI defense lawyers have the tools and know the experts to effectively raising these issues during DUI trials.  If you are alleged to have refused a blood, breath or urine test we can help!  We understand that the police often perceive questions or fear about the tests as refusals.  It is important to request refusal hearings to avoid automatic driver's licenses revocation after a drunk driving arrest for a violation of Wisconsin's implied consent law by refusing a BAC test.  Additionally, if you refuse to take a requested blood alcohol concentration test, any driver's license revocation that is imposed as a result may be counted as a prior conviction for OWI if you are ever convicted of drunk driving related to another incident.


Challenging Field Sobriety Testing and Arrest:
The police use field sobriety testing as a way to gather evidence to use against you in a trial if you are charged with operating under the influence or with a prohibited alcohol concentration.  In our opinion, the tests are designed to make you fail - ​our drunk driving lawyers have participated in drunk driving defense training and law enforcement training on field sobriety tests where we have failed the tests while stone cold sober.  If you participate in requested 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 in a future trial used to try to prove you guilty.  However, if you refuse to take the test, your refusal may be used as evidence, with other factors, to support a decision to arrest you and  request a sample of your blood, urine or breath to obtain evidence of the alcohol concentration in your blood.  You need an aggressive drunk driving defense lawyer to hold the state to their burden to prove the police had a lawful basis to stop you and to request field sobriety or BAC testing.  If you were stopped unlawfully, or if the police improperly continued to detain or arrest you, we will protect your rights in court to stop the state from being able to use the results against you at trial.  


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

Challenging Prior OWI Convictions:
The penalty for a drunk driving offense is determined by the number of prior offenses.  The number of prior offenses is calculated by adding any prior DUI or PAC convictions; any convictions for injury by intoxicated use of a vehicle; any convictions for homicide by intoxicated use of a vehicle; any court ordered driver's license revocations for failing to provide a blood, breath or urine sample when requested; and any convictions for such offenses in another jurisdiction.  It is important to question the validity of any prior DWI type convictions, or implied consent driver's license revocations, that are being counted as priors in a drunk driving prosecution.  Our attorneys litigate challenges to the number of prior offenses to be counted, such as:  was there actually a conviction for the prior offense(s)?  Did an offense in another state involve prohibited conduct that is substantially similar to conduct that would be a violation of Wisconsin's drunk driving laws?  Was our client's right to counsel violated in obtaining any of the prior convictions, because counsel wasn't present or validly waived, or perhaps if counsel was ineffective?  Astute DUI lawyers review the records from every prior conviction, including requiring proof of the out of state conviction and the statute on which the conviction was based, to determine whether the client was validly represented by counsel or knowingly and intelligently waived the right to a lawyer in the prior offenses being counted.

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    1746 S. Muskego Ave. | Milwaukee, WI  53204 | 414-383-6700 
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