WHAT WILL HAPPEN IN MY WISCONSIN OWI DUI DRUNK DRIVING CASE?

1O DAY WARNING!!!

YOU MUST FILE A CHALLENGE TO YOUR WISCONSIN OWI/DWI/DUI  WITHIN 10 DAYS OF ARREST, OR YOU WILL LOSE YOUR LICENSE WITHOUT A HEARING. CONTACT A WISCONSIN OWI DWI DUI ATTORNEY IMMEDIATELY!!

From the minute the officer gives your paperwork, several deadlines start to run. You should receive all of the following: a ticket for operating while under the influence of an intoxicant (pink piece of paper) and a copy of the Informing the Accused form (8 ½ x 11 pink piece of paper).

If you submitted to a breath test, you will also receive a copy of the Intoximeter EC/IR test result (8 ½ x 11 white piece of paper). If the result is over the legal limit, you will get a ticket for operating with a prohibited alcohol concentration (pink piece of paper), a Notice of Intent to Suspend (8 ½ x 11 pink piece of paper) and an Administrative Review Request (8 ½ x 11 yellow piece of paper).

If you submitted to a blood test, you will receive in the mail a copy of you blood analysis from the State Lab of Hygiene (8 ½ x 11 white piece of paper). This usually takes approximately 2 weeks. If the result is over the legal limit, you will receive at a later date a ticket for operating with a prohibited alcohol concentration (pink piece of paper), a Notice of Intent to Suspend (8 ½ x 11 pink piece of paper) and an Administrative Review Request (8 ½ x 11 yellow piece of paper).

If the officer decided that you refused to submit to a chemical test, you will receive a Notice of Intent to Revoke (8 ½ x 11 pink piece of paper).

If the officer decided that you refused to submit to a chemical test, you will receive a Notice of Intent to Revoke (8 ½ x 11 pink piece of paper). If you were made to submit to a blood test anyway, you will receive in the mail a copy of you blood analysis from the State Lab of Hygiene (8 ½ x 11 white piece of paper). This usually takes approximately 2 weeks. If the result is over the legal limit, you will receive at a later date a ticket for operating with a prohibited alcohol concentration (pink piece of paper).

Sometimes police officers screw up and give you paperwork that either should not be issued to you, or provide you with paperwork at the wrong time. The information listed above is the correct way for the paperwork to be issued to you.

WISCONSIN OWI DRUNK DRIVING TRAFFIC TICKETS

This tells you the date, time, and place that you must appear in court. It will also probably tell you that your court appearance is mandatory. However, your attorney will most likely be able to appear on your behalf. Don't make the mistake of assuming that nothing will happen in your case before this date. Each and every form listed above starts a deadline that often has nothing to do with your first court date. In a first offense case, you will have 10 days from the date of your first court date in order to request a jury trial. This should be done in every case that starts in circuit court. If you have a municipal court case, you should go through that process first. In these cases, you will not want to demand a jury trial initially. You can always do that at a later date.

NOTICE OF INTENT TO SUSPEND

This form acts as a temporary driving permit. It also tells you that your license will be suspended in 30 days from the date on the top right corner of the form. You have a right to demand a hearing on this suspension. That leads us to the next form.

CALL 1-800-DIAL-DUI (ext. 608) NOW TO DISCUSS YOUR DUI DWI DRUNK DRIVING CASE

ADMINISTRATIVE REVIEW REQUEST

This form needs to be filled out and submitted to the Department of Transportation within 10 days of the date on the Notice of Intent to Suspend. If you fail to do this, you will be automatically suspended - probably before you even get to court.

WISCONSIN OWI BLOOD ANALYSIS

This form tells you what your blood test results are. It also informs you that your blood sample will be preserved for 6 months from the date of the analysis. In the event that you want to have an independent lab test the results of your blood, you will need to file a motion requesting this well before the time limit has expired.

NOTICE OF INTENT TO REVOKE IN WISCONSIN OWI’s

This form acts as a temporary driving permit and tells you that you have 10 days from the date on the notice in which to request a hearing on the revocation of your license. If you fail to do this, you driving privileges will be automatically revoked - probably before you get to court. In addition, any alleged refusal on your part to submit to a chemical test will be automatically admitted in a trial on your operating while under the influence of an intoxicant case.

INITIAL APPEARANCE IN WISCONSIN OWI LAWS

This is the court appearance in which you typically enter a plea. You should always pleadnot guilty or stand mute before the court. Once the court has entered a not guilty plea on your behalf, your case will be set for a pretrial conference. Some counties don't require you to enter a plea until after you've already had a pretrial conference.

PRETRIAL CONFERENCES FOR WISCONSIN DRUNK DRIVING ARRESTS

This appearance is usually not done in front of a judge. Typically, you meet with a prosecutor, receive police reports, and get an offer from them as to what it would take to resolve the case. In other words, what penalties the prosecutor thinks is appropriate.

RETURN DATE

In counties where you are not required to enter a plea until after the pretrial conference, you will be asked at this court date how you want to proceed. If you don't want to take the pretrial offer, you will not enter a not guilty plea. Your case will then be scheduled for the next appropriate court date. If you do want to take the offer, you can enter a no contest or guilty plea and the court will sentence you.

FINAL PRETRIAL

This appearance is usually a type of status conference. The court wants to know if your case has settled. You may be able to work out a better offer than you originally received and decide to enter a plea and be sentenced on this date. If not, the court wants to know what it should be scheduled for next. Often, a case that has not settled by this point will be automatically set for a jury trial. That doesn't mean that the case will go to trial. That's just the court's way of making sure that the case doesn't get delayed for too long.

MOTION HEARING

Sometimes, your attorney will file pretrial motions in your case. These are usually formal "requests" to either admit certain evidence or keep it out. They are based on legal arguments. A motion hearing may have people testifying, or it may just involve the attorneys both presenting their arguments and the court making a decision.

JURY SELECTION AND TRIALS IN WISCONSIN OWI DRUNK DRIVING DUI CASES

If a case hasn't resolved and your attorney thinks you may win at trial or that you have nothing to lose by trying the case, you will proceed to a jury trial. This involves selecting a jury that you believe will be able to fairly hear your case. When the actual trial begins, both sides will have the opportunity to make opening arguments to the jury present witnesses and evidence, and to make closing arguments. The jury is then instructed on what the law is by the judge and has to make a decision as to whether you're innocent or guilty.

CALL 1-800-DIAL-DUI (ext. 608) NOW TO DISCUSS YOUR DUI DWI DRUNK DRIVING CASE