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Wisconsin DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Wisconsin on
Q: Is it possible to get an Ignition Interlock device removed early?
Walter A. Piel
Walter A. Piel answered on Sep 17, 2020

The Wisconsin Department of Motor Vehicles will not allow an Ignition Interlock Device to be removed early. Based on your driving record and the time period imposed by the Court, the DMV will enforce and monitor the time period you are required to have the device in your vehicle and the time period... Read more »

3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
Read more »

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1 Answer | Asked in DUI / DWI for Wisconsin on
Q: My name is Clara and I'm assisting someone with a legal situation. I would appreciate your help very much.

He was arrested in Wisconsin in 2012 for 7th offense OWI, (class "G" Felony). However, It is my understanding that in 2016, the penalties pertaining to this type of offense in Wisconsin became more severe, and now are designated class "F". There is an upcoming hearing but he has... Read more »

Michael Hayes
Michael Hayes answered on Apr 27, 2020

The applicable range of penalty for an offense is determined by the violation date, not the conviction date. The arrest record correctly shows a Class G Felony, punishable by a fine not to exceed $25,000 or Imprisonment not to exceed 10 years, or both. Section 939.50(3)(g). The initial confinement... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Wisconsin on
Q: Getting a license reinstated in another state

so I got my license revoked in Wisconsin because of a dui 2 years ago, I'm eligible for reinstatement starting tomorrow. I'm also moving to Illinois in 4 days, do I still have to pay reinstatement in Wisconsin, or can I just get my license in Illinois?

Michael Hayes
Michael Hayes answered on Apr 13, 2020

Section 343.38(1) of the Wisconsin Statutes requires you to comply with the reinstatement requirements, including paying a $200 reinstatement fee. The court ordered that the DMV revoke your operating privilege for 2 years, but this does not mean your privilege to drive is automatically reinstated.... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: I got an OWI and am underage. Will I lose my license? I live in Wisconsin.
Walter A. Piel
Walter A. Piel answered on Jan 9, 2020

The revocation will depend specifically on how you were charged. There are mitigating penalties if you are charged with an “underage” OWI as opposed to an “adult” OWI, for lack of better terms. You should call an attorney. Have your citation available. I do provide free consultations, if... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Wisconsin on
Q: Am I entitled to review a police report prior to my court appearance? How do I obtain it?
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

They usually won't give it to the client. And there is no way for them to find you and get it to you before your court appearance. The State will give it to your lawyer and he can let you read it.

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: How do I find a lawyer that can help me with my license and 3rd owi. When I live in Wisconsin but had an IL license?

I was recently stopped on a traffic stop during the stop they ran my name and found I was driving on a revoked drivers license. I have tried countless times to get my license back from the state of Illinois after my first OWI. Now I am facing a 3rd charge and really need a lawyer that can help me... Read more »

Walter A. Piel
Walter A. Piel answered on Dec 11, 2019

You will need an attorney who can help you navigate Illinois separate from your new charges in Wisconsin. My office would be happy to provide a consultation for the Wisconsin charges. We have an attorney we can refer you to to consult in illinois that also practices in DUI matters and working with... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: How can I get having ignition interlock removed from my court order seeing I already did it?

I was a MI resident and got a DUI in a neighboring WI town in 2011. My license was revoked and then I had interlocking ignition installed with a restricted license. I got my MI license fully reinstated. Now 8 years later moved to WI and they want me to put interlocking ignition on my car for... Read more »

Walter A. Piel
Walter A. Piel answered on Oct 18, 2019

There are steps you must take to satisfy the requirements Wisconsin imposed at the time of the conviction. I would need further information regarding the length of time Wisconsin ordered the Ignition Interlock Device to be installed vs how long Michigan required the device on your vehicle to... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: If a university serves alcohol at an event and a student who's under 21 sneaks in, drinks, and subsequently gets into a

car accident, can the university be held responsible?

Aaron W Schenk
Aaron W Schenk answered on Aug 6, 2018

Not necessarily in a criminal sense. Normally, there might be the chance of civil liability. But, most universities have sovereign immunity based on their relationship to the state.

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: For a second DUI can you get an IID instead of a suspended license?
Aaron W Schenk
Aaron W Schenk answered on Apr 12, 2018

Unfortunately, if you get convicted, you are looking at a drivers’ license revocation And an IID. I highly recommend that you seek counsel to help you with this matter.

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Q: If the jail marked "released" in my file, am I still looking at jail time?

I was sentanced to a month in jail for an OWI. when I reported to the jail to check myself in, they took my ID and had me fill out paperwork on my health. I turned in the paperwork n waited in the lobby for 2 hours. They never cuffed me, and were closing so I left. I checked the jail roster... Read more »

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Feb 27, 2018

You have to do the jail time or use up credit if you were in jail before bailed out. Contact the jailer immediately. Do not assume you have done the time. You can face additional charges if you make a mistake or assumption here. See a lawyer if need be, NOW.

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: Can the host of a party be arrested if a guest later drives drunk?
Aaron W Schenk
Aaron W Schenk answered on Feb 9, 2018

It all depends on whether a crime was committed. Feel free to contact us if you have any more questions.

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Q: My OWI charge hasn’t been filed and my court date is tomorrow. It’s been 5 weeks what could be going on?

I haven’t received a BAC ticket, I took a blood test and breathe test. I was never told my results. Nothing shows up on CCAP and I haven’t received anything about a license suspension from the DMV. This was in Wisconsin and is my 2nd

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Jan 24, 2018

You should get a 30 day notice (you could answer in 10/13 days from date of notice) re the DMV. The BAC ticket will be filed or amended to the OWI criminal complaint. Results will be on the probable cause part of the criminal complaint

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Wisconsin on
Q: I have bench warrant in 2 counties for missed traffic court dates. Is it possible to resolve this without jail time

The warrants are in Racine and Milwaukee. I was going to go to intake court in Milwaukee and they informed that they would hold me for the warrant in Racine and if I tried to go in for the one in Racine first that they would hold me for the one In Milwaukee. I'm trying to avoid being processed... Read more »

William C. Head
William C. Head answered on Aug 10, 2017

IT sounds unlikely that you will walk away from two separate bench warrants without visiting a jail.

Call a GREAT traffic offense lawyer, in WI, for a FREE consultation. Here is one, that I can recommend:

Ms. Tracey Wood, 608-284-1200

Tell her William Head from Atlanta referred you.

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: I have a dui in Illinois but live in Wisconsin. Can i get an extention on fines. I havent been able to pay.

I have had a year to pay but work has been up and down. I just recently got another job now i am able to pay. What will happen. My dead line is july 1st2016.

Paul Stanko
Paul Stanko answered on Sep 24, 2016

Any time a court sets a deadline, it is important to meet it. If you simply cannot due to circumstances beyond your control, you should contact the court immediately and ask for an extension. Failure to do so will have dire consequences.

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: Is it legal for police to pull you over after running your plates and the licensed owner of comes back as suspended

Ended up getting a DUI out of it.It was dark. They had no way to verify it was me. Specifically told me the reason they pulled me over was because they ran the plates.

Paul Stanko
Paul Stanko answered on Sep 18, 2016

Yes. It has been held that that creates reasonable suspicion. That is enough to pull you over and inquire further. From that point, they can try to develop probable cause to arrest.

1 Answer | Asked in DUI / DWI, Immigration Law and Juvenile Law for Wisconsin on
Q: If applying for a fiancé visa do I need to report these on the application and would it cause a refusal?

I received two underage drinking tickets and a DUI (stupid mistakes all over 5 years ago.) so I'm wondering when it asked if you've been convicted of a crime more than 3 times related to alcohol on the application would I need to disclose all of this. And would this cause issues/refusal?... Read more »

Brendan Lee McAvoy
Brendan Lee McAvoy answered on Feb 23, 2016

Your question needs more detail. Was the DUI in Wisconsin? Generally, the OWI 1st is not a misdemeanor, although depending on the severity of the crime this may not be the case. Tickets are generally municipal forfeitures and not criminal convictions. If you are unsure on the results of your... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: Is it legal for a Wisconsin resident to consume alcohol at the age of 19 with a parent's permission?
Jeff Hughes
Jeff Hughes answered on Oct 28, 2013

It is legal, but the law states alcohol can only be consumed on private, non alcohol-selling premises, with parental consent. Some examples of locations would be a private home, private office, or private property with the consent of a parent.

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