What Are My Rights if Arrested for DUI in Milwaukee, Waukesha, and Throughout Wisconsin?
If you were arrested for driving under the influence, you are entitled to certain rights. In Milwaukee, Waukesha, and throughout Wisconsin, your rights as an individual arrested for drunk driving are as follows:
- The law enforcement officer who arrests you must read you the Miranda warning. This warning includes your right to remain silent, your right to consult with an attorney and to have the attorney present during your questioning, and the right to be provided with an attorney to represent you at no cost if you lack the means to hire one on your own. Remember that you must invoke your right to be silent.
- You have the right to request an alternate test after taking any tests requested by the law enforcement officer. If you do, the officer is required to give you a reasonable opportunity to arrange for a test of your choosing at your own expense and/or to administer an alternate test at the expense of the law enforcement agency.
- You have the right to refuse to submit to a breath test at the scene. While you may be required to take a breath test later under the Implied Consent Law, the hand-held breath test at the scene is only approved in Wisconsin for determining the presence of alcohol in your system, and thus can only aid an officer deciding whether to arrest you. This test is not approved for determining BAC and the results in most cases are not admissible in court. However, refusing this test will likely result in the officer arresting you for OWI.
- You have the right to request an administrative hearing with the Wisconsin Department of Transportation (DOT). You must do so within ten days of receiving a notice of license suspension. The hearing enables you to challenge actions taken against your driving privileges.
An arrest for a DUI in Wisconsin may result in an automatic license revocation or suspension. If you have been arrested for a suspicion of a Wisconsin DUI, you have certain rights which a law enforcement officer may not inform you of but a DUI lawyer will. If you are involved in a drunk driving arrest, seek legal representation from an experienced DUI attorney immediately and avoid saying anything that can escalate the situation.
Steps after a DUI arrest in Milwaukee
After being arrested for a DUI suspicion in Milwaukee or elsewhere in Wisconsin, follow these steps to protect your rights and support your case:
- File an administrative hearing with the DOT within ten days of your arrest to challenge the license suspension or revocation penalties you received from the arrest. If you do not, you can still face sanctions on your license even if you are acquitted of the DUI charge.
- Hire DUI lawyers to defend you. Lawyers who specifically practice drunk driving law is your best defense.
- Your attorney should immediately contact the lab or hospital in which your blood was drawn to assert the confidentiality of your medical records and other patient rights.
- A DUI arrest involves civil charges and criminal charges and the administrative hearing you attend with the DOT is separate from the criminal court case you must attend. Do not confuse these court dates - make them both.
Seek help from a Waukesha drunk driving lawyer immediately
DUI arrests are very serious and the repercussions of driving drunk are numerous. In addition to endangering your own life and the lives of people with whom you share the road, you can face punishments ranging from fines to jail time and from driving record demerit points to license revocation and suspension.
Having experienced and aggressive legal representation for your Wisconsin DUI case is essential. , as the quality of legal representation can greatly influence the outcome of your case.
Contact a drunk driving lawyer immediately
If you were arrested for a DUI, you have certain rights to protect you. To learn more about these rights or the steps to take after a DUI arrest in Milwaukee, Waukesha, or throughout Wisconsin, make an appointment at the law firm of Hayes & Rothstein for a free initial consultation.
