DUI and Drunk Driving Laws FAQ
Drunk driving laws were created to prevent people from operating vehicles while under the influence of alcohol. These laws can be complex and difficult to navigate.
Below are the answers to some frequently asked questions about drunk driving laws. If you have further questions about DUI in Milwaukee, Waukesha, or throughout Wisconsin, contact the skilled DUI attorneys at Hayes & Rothstein for answers.
Drunk driving laws and DUI FAQs
How long will a conviction for drunk driving stay on my driving record?
In Wisconsin, a drunk driving conviction will stay on your driving record forever.
I failed the blood alcohol test. Does this mean I will definitely be convicted of drunk driving?
No. In drunk driving cases, the evidence that a law enforcement officer uses to support your conviction is subject to strict procedural rules and regulations. If a police officer lacked a legal cause to stop your vehicle and detain or test you, the evidence he or she obtained during that stop in order to convict you may be dismissed in court.
Can a breath test taken at the scene where the officer stopped me be used as evidence against me?
No. In Wisconsin, results from preliminary breath tests are prohibited from being used at trial in drunk driving cases. However, preliminary breath test evidence can be used to contest a refusal proceeding and to challenge an arrest as illegal.
Can my car be taken because I was convicted of a DUI?
Your vehicle may be seized by forfeiture if you have committed three or more drunk driving offenses. The vehicle must be owned and used by you, and thus cannot be a leased vehicle, rental car, or belonging to an employer or third party. In order for your car to be seized for forfeiture, a separate lawsuit must be filed by the district attorney and after the county sheriff sells your vehicle, the proceeds must first be directed to the bank or security institution to cover any money you owe for it.
Will my insurance be raised if I am convicted of a DUI charge?
Yes, your insurance will go up after a DUI conviction. In addition, your liability policy limits and overall coverage may be affected. Many insurance companies will refuse to grant a DUI offender with liability policies that are over $50,000 in coverage, which can jeopardize your security in a lawsuit.
I have been convicted of a DUI. Is a DUI a felony offense?
The first time a driver commits a DUI, the punishments are present but jail time is not included as a measure of punishment, making the first offense a civil forfeiture. Any drunk driving offenses after the first are considered criminal misdemeanor offenses punishable by jail time. The fifth drunk driving offense an individual commits is considered a felony, as are the third and forth offenses when a passenger under the age of sixteen is in the vehicle at the time the offense was committed.
Contact knowledgeable DUI lawyers in Milwaukee
If you have been arrested for drunk driving, you may be confused by the complex laws that govern your case. To address your drunk driving questions and concerns, contact a persistent Waukesha DUI attorney and make an appointment at the law firm of Hayes & Rothstein for a free initial consultation.
