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How can I get a public defender when Miranda was read to me, but 1st offense DUI in Wisconsin?
Anonymous1 views4 answers
I was recently arrested for my first offense DUI in New Berlin. New Berlin stated it is a municipal charge and not a criminal charge and as such the Miranda does not apply. So why was the Miranda read to me? And, since I cannot afford an attorney, how can I have New Berlin supply me with an attorney when they do not have any public defenders? I don't know what the mobile breathalizer read, but at the station, I blew 0.15.
It's hard to believe that a DUI is not a criminal charge. You are entitled to a public defender for a misdemeanor or felony! Contact a WI DUI attorney to confirm. Do this ASAP!
Wisconsin allows its cities to charge and enforce DUIs as ordinance violations. As such, they are quasi-criminal offenses and if they do not carry jail sentences, you are not entitled to representation of an appointed attorney.
Wayne Brucar
www.brucarandyetter.com
For the most part, OWI firsts in Wisconsin are non-criminal ordinance citations. You will not be eligible for a public defender if you are contesting the matter. I would suggest you contact a lawyer to discuss your options.
Ignore answers from out-of-state attorneys. Wisconsin is the only state in which a first offense drunk driving charge is a non-criminal traffic violation. So, if the ticket was issued by a New Berlin officer it would be in the New Berlin court, preside dover by Judge Dorlack. Mr. Schmitzer is the prosecutor. There are two answers to the Miranda question. Miranda does not apply unless you are already in custody and being questioned. It does not apply to field tests and breath tests. After those tests are completed and they question you, they read the Miranda rights as a matter of course in all cases. They will do it even on civil cases (even though they may not need to), but only after the field tests and the breath tests -but before questioning. I wish you the very best of luck with this. Andrew Mishlove
