If you are pulled over for a DWI in Wisconsin, your mind may be racing. You may be concerned about what the “right” thing to do or say may be. That fear can eventually be very bad for your case. The Wisconsin drunk driving attorney at the Law Office of Michael Hayes LLC can offer some advice about how to handle the situation.
Provide your name, address, and date of birth. If requested provide your driver’s license and proof of insurance. Ask the officer if you are free to leave. If the officer says no, ask if you are under arrest. If the officer asks any other questions, tell the officer you want a lawyer present before you answer any questions. If the officer asks you to get out of the car you should comply. If the officer asks you to do field sobriety tests, say you want to talk to a lawyer before you agree to do the tests. Decline to provide a preliminary breath sample unless you have had the opportunity to talk to a lawyer.
At that point, the officer will either say you are free to leave or place you under arrest. If you are arrested, the officer will read you the Informing the Accused form. In most circumstances, you should agree to do the evidentiary breath test or blood draw.
It is very important that you do not make any statements about where you were coming from, where you are going, how much you had to drink, or anything other than what we just reviewed.
As soon as you are released, you should write down everything that you remember that happened at your traffic stop including what the officer said to you and what you said to the officer.
You will probably be issued a ticket for operating under the influence with a court date. If the result of the evidentiary breath test is .08 or above, you will receive a Notice of Intent to Suspend which provides that your operating privileges will be suspended for 6 months starting 30 days after the date on the notice unless you request a hearing within 10 days. If you don’t request the hearing your license will be suspended even though you have not yet appeared in court. If you submitted to a blood draw you will not receive this notice at the time of the arrest. When the blood test result arrives the officer can then issue the Notice of Intent to Suspend which will be mailed to you. Your operating privileges will be suspended 30 days after the date on the notice unless you request a hearing within 10 days and prevail at the administrative hearing.
It is important that you remember to stay calm and say nothing other than what is outlined above.
As soon as possible call an experienced Milwaukee DUI attorney who can provide sound advice on your legal position after an arrest for a DWI or OWI. Call the Milwaukee DWI attorney at the Law Office of Michael Hayes LLC at 414-405-5678 for help.