Karyn T. MissimerDUI / DWI AttorneyJanesville, WI ·
Um, OK, wow. Where to start. If this is a true first offense (i.e., you did not injure anyone and there was no minor under 16 in the vehicle with you), then this is a civil charge. So, you would not be facing jail time. You would be facing a 6-9 month driver license revocation (assuming no refusal); a fine (around $600-$900); 6 points; an alcohol and other drug assessent, and any recommended treatment; and a 1-year ignition interlock device requirement for any vehicles in your name, if you had a .15 or higher BAC.
If you are serious about getting this amended to a reckless (a RARE occurrence at best), you need an attorney on your side. is way too limited a forum to go into all the reasons why an attorney may be able to assist you, especially without any details about your case. DO NOT post any details about your case online. Anything posted online may be used against you in court. Instead, contact local, experienced DUI attorneys directly. Most initial consultations are free. So, you have nothing to lose at first.
As for what lawyers charge, there is a huge range. You are unlikely to get an attorney to tell you his/her fees in a public forum like this. Again, you need to contact local, experienced DUI defense attorneys directly and immediately. (You may only have 10 days from your arrest to take action to save your license.)
Good luck!
I would suggest you go to my Blog, On Legal Ground and read the following post. http://eraskopf.wordpress.com/2012/11/20/do-i-need-a-lawyer-for-a-first-offense-dui/
Good Luck.
As to getting your license back, if convicted of a 1st offense you can immediately apply for a occupational license. To get the occupational you must first purchase SR-22 insurance and also have your ignition interlock device installed (of your conviction is for a blood alcohol level of .15 or higher). Once you have those things you can go to your local DMV and get your occupational license to keep driving legally.
Whether it is worth it to hire a lawyer depends on your circumstances. The penalties for this are not major, short term. Long-term such a conviction can make a lot of difference.
To some extent, you will get what you pay for. The only way it will be reduced to a reckless is with a lawyer - and that is a long shot! I win more cases at trial than I get reduced to reckless. Prosecutors would rather try a case and lose than reduce a drunk driving charge.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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Thank you.
--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
http://addbalance.com/drunk_driving_lawyer.htm
--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
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--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
http://addbalance.com/fieldsobrietytests.htm
--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
http://addbalance.com/duidrugs.htm
--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
http://addbalance.com/duimath.htm
--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
http://addbalance.com/duitendaywarning.htm
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
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