Criminal Defense FAQs
Understand what to expect when facing DUI charges, traffic violations, possession offenses and other criminal charges in Wisconsin and Illinois.
Questions to Ask a Criminal Defense Attorney
Criminal offense charges in Wisconsin / Illinois can have serious consequences. Know your legal rights.
It’s important to understand your rights as a Wisconsin or Illinois resident. Explore some of the most frequently asked questions by our clients, concerning criminal charges in the states of Wisconsin and Illinois.
Drunk Driving FAQs
I was charged with an OWI, should I hire a lawyer?
Yes. It is extremely important to consider retaining a lawyer experienced in representing clients charged with OWI.
It is also extremely important to consult with a lawyer as soon as possible following the date you have been charged with OWI.
What is the difference between an OWI and a DUI?
How drunk driving is described simply depends on the jurisdiction. Wisconsin refers to drunk driving as “OWI”, whereas Illinois refers to drunk driving as “DUI”. Other states might call a drunk driving charge a “DWI”.
Will an OWI conviction show on my record?
One of the most unfortunate consequences of a conviction for an OWI is that the offense will be reflected permanently on a driver’s driving record. Additionally, an OWI conviction will likely appear on Wisconsin’s online record system, known as CCAP (Consolidated Court Automation Programs).
Will a DUI ticket show on my record?
Is a Wisconsin OWI a criminal offense?
In Wisconsin, an OWI can be a civil offense, a misdemeanor offense or a felony offense, depending on the circumstances.
Generally, a first-time OWI offense in Wisconsin is a civil offense, instead of a criminal offense. A civil offense OWI is not punishable by jail, where as a criminal offense OWI is punishable by jail and/or prison, depending on the nature of the charges.
Regardless of the type of OWI charged, any OWI offense is a serious matter with serious consequences.
Is an Illinois DUI a criminal offense?
Any DUI in Illinois, even a first-time offense, is considered a criminal offense, punishable by jail and/or prison.
For more information on Illinois DUI charges, see here.
What are Field Sobriety Tests?
Standardized Field Sobriety Tests (SFT’s) are used by police to gain evidence of alcohol and drug consumption, as well as to determine alcohol and/or drug impairment.
For more information on Standardized Field Sobriety Tests, see here.
Can I refuse Field Sobriety Tests?
Yes. You have the right to refuse field sobriety test (FST’s). Refusing field sobriety tests, such as the Horizontal Gaze Nystagmus Test (HGN test), the Walk and Turn Test, the One Leg Stand test, will not result in an automatic loss of driving privileges.
Can I refuse a breathalyzer test or blood test?
Yes, unless the police have a warrant. Unless the police have a warrant to take your breath or blood, you have the right to refuse to any chemical testing prior to arrest and after being arrested for an OWI.
If the police have a warrant, the police can force you to submit to a test.
Note on Refusal Consequences – refusing a chemical can lead to a Revocation of driving privileges, depending on the type of chemical test you refuse to take. See here for more information.
Do I have the right to consult with a lawyer prior to deciding whether to take a breathalyzer or blood test?
Generally, No. The Supreme Court has previously ruled that, unlike other police investigations, persons charged with an OWI are not afforded the exact same rights to an attorney as is extended by the Fifth Amendment and the Sixth Amendment of the United States Constitution in other criminal investigations.
Many Wisconsin drivers arrested for OWI are charged with refusing a chemical test based on requesting to speak with a lawyer prior to deciding whether or not to consent or refuse a chemical test.
What are the consequences to refusing a breathalyzer or blood test?
Assuming that the police have probable cause to arrest a driver for OWI, the consequences of refusing a chemical test, other than a portable breath test (see below), is a revocation of driving privileges. The refusal revocation is typically a minimum of 12 months, but the revocation can be longer depending on the driver’s history and the facts of the case.
Refusing a “PBT” does not revoke driving privileges: a refusal revocation is issued only for refusing an “official” breath or blood test; a revocation will not be issued if a driver refuses to submit to a portable breath test (PBT), often referred to as a preliminary breath test. To support a license revocation, the driver must have refused to submit to an “official” breathalyzer – known as the Intoximeter EC/IR II – or a blood test. See here for more information on OWI chemical tests.
Why did the police ask me to submit to multiple chemical tests?
In OWI investigations, the police might ask that you submit to a portable breath test (PBT) at the scene of the traffic stop. Later on, after you have been arrested, the police will request an additional breathalyzer test (or a blood test).
The reason that police request multiple tests is because only some chemical tests are admissible as official evidence of intoxication or drug use, while other chemical tests, such as a PBT, are inadmissible at trial, but can be used by police to determine the existence of probable cause to arrest a driver and then request that they submit to official chemical testing.
How long will my license be revoked for refusing a breath or blood test?
The refusal revocation will begin 30 days from the date of notice and the length of a refusal revocation is, typically, a minimum of 12-months. However, the revocation period can be longer, depending on the driver’s history and the circumstances of their OWI.
See here for a full breakdown of refusal revocations, including the length of a revocation.
If my license is revoked for refusing a breath or blood test, can I get an occupational license?
It depends. Wisconsin will allow for an Occupational License during a refusal revocation if the driver is eligible for the permit. Most “first-time” offenders will qualify for an occupational license 30 days after the revocation begins, with the required installation of an ignition interlock device (IID).
See here for a full breakdown on Refusal Revocations and Occupational License eligibility.
Can I challenge a Refusal Revocation?
Prior to revoking your driving privileges, following the date that you received notice of the intent to revoke driving privileges, you have 10 days to request a hearing, at which a court will determine whether the revocation is lawful. Failing to request a hearing within 10 days will forfeit your right to a hearing.
Note on FAQ’s and Drunk Driving Charges
Every case involving a charge of drunk driving is unique based on the circumstances of the case and the background of the accused. Therefore, the following answers to the following frequently asked questions should not be considered specific to every case. Anyone charged with drunk driving is advised to consult with a lawyer to address the specifics of their situation.
Illinois Drivers Charged with Wisconsin Traffic Tickets FAQs
Will a conviction for a Wisconsin traffic ticket appear on an Illinois driving record?
Generally, yes. If an Illinois driver is convicted of a moving violation in Wisconsin – a speeding ticket, for instance – the ticket will appear as an out-of-state moving violation conviction on the Illinois driver’s “public” driving record.
The conviction will count towards the threshold minimum amount of convictions (3 convictions in a year) that lead to a suspension in Illinois.
Does Wisconsin allow drivers to avoid a conviction through Court Supervision, as is done in Illinois?
No. Unlike in Illinois, Wisconsin does not have a deferred judgment sentence like Illinois’ Court Supervision.
In Illinois, drivers charged with traffic offenses can be found guilty of a ticket, but avoid the ticket going on their public record and counting towards a license suspension, if they successfully complete a period of deferred prosecution called Court Supervision.
Wisconsin, unfortunately, does not have a similar system.
Should an Illinois driver, who receives a citation in Wisconsin, just pay the ticket?
No. It is not advisable to simply pay the ticket without first understanding how a Wisconsin traffic offense will impact the Illinois driving record and driving privileges. More often than not, it is possible to work with the prosecution to avoid the Wisconsin citation resulting in a moving violation conviction on the Illinois “public” record.
Will a Wisconsin conviction count towards a license suspension in Illinois?
Yes. A conviction for a Wisconsin moving violation will count towards the 3-conviction threshold that triggers a license suspension in Illinois.
Illinois Drivers Charged with Wisconsin DUI Offenses FAQs
Will a Wisconsin DUI conviction impact my Illinois driving privileges?
Yes. A conviction for a Wisconsin DUI (OWI as it is called in Wisconsin) will result in a revocation of Illinois driving privileges for a minimum of one year or more, depending on whether the Illinois driver has any prior DUI convictions.
What will happen to my Illinois driving privileges for Refusing a Wisconsin Chemical Test?
In Wisconsin, a 12-month license revocation is imposed on drivers for refusing a chemical test following a valid OWI arrest.
If Illinois is notified that an Illinois driver refused a chemical test, the driver’s privileges in Illinois will be suspended (not revoked) by a minimum of 12 months. The Illinois driver will, generally, be eligible for a Restricted Driving Permit during the suspension period, issued by the Illinois Secretary of State.
I am an Illinois driver charged with a Wisconsin DUI, what are my options?
You have many options. The best decision you can make is to consult with a lawyer, licensed to practice in Wisconsin, as soon as possible to discuss the many options you have.
Time is of the essence when dealing with Wisconsin OWI charges, and a skilled lawyer can help to quickly advise you on the best path to defend your rights and driving privileges.
If I chose to ignore the Wisconsin DUI, will a warrant be issued for my arrest?
Ignoring a Wisconsin DUI is a terrible idea and could highly likely result in an arrest warrant.
Is it true that Wisconsin DUI laws are lenient and not a big deal?
Wisconsin DUI laws are serious. It is a misconception that Wisconsin is lenient on OWI offenders. Although a first-time OWI is not a criminal offense in Wisconsin, any second-offense or higher will result in periods of jail sentences much greater than is typically seen in Illinois.
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