To determine what your potential Wisconsin DUI Penalties may be, the prosecuting attorney and Judge will look at the Wisconsin DUI Sentencing Guidelines. Sentencing guidelines provide a reference point for the prosecutor to use when negotiating penalties in a Wisconsin DUI Case. While sentencing guidelines provide a "starting point", there are many factors that may be taken into consideration when determining and negotiating the proper penalty for a DUI/OWI charge.
Mitigating or Helpful Factors
Mitigating factors work positively in your favor for sentencing. These factors include a person's cooperation and behavior toward the arresting officer, a good driving record, "good" driving during the current conviction, a low blood alcohol concentration, and a proactive approach to seeking Alcohol Counseling. Taking a proactive approach to seeking treatment prior to sentencing demonstrates to the court that you are taking the DUI charge and legal process seriously. If a person has a prior arrest(s), they may still be beneficial to the current sentencing if the prior(s) occurred many years ago.
Aggravating or Harmful Factors
Aggravating factors are likely to impact a DUI sentencing negatively. Some of these factors include operating without a valid driver's license, driving poorly during the current conviction, high blood alcohol concentration, refusal to take a blood or breath test, whether an accident occurred, someone was injured, or if there was a minor in the vehicle. Whether you fail to seek counseling or alcohol related assessments or attend a Victim Impact Panel (VIP) prior to sentencing may also affect sentencing.
The most important thing you must understand is that doing nothing after you have been charged with a Wisconsin DUI/OWI will severly impact potential penalties you face and your financial future.
Hiring a Wisconsin DUI/OWI Defense Attorney
It is important to hire an experienced Wisconsin DUI Defense Attorney. If you have been charged with an OWI/DUI offense, contact Attorney Nathan J. Dineen of Vanden Heuvel & Dineen, S.C. It is never too late to hire an attorney to protect you. You may complete and submit a DUI Case Review or contact him toll free at 1-800-805-1976. Attorney Dineen practices solely in Wisconsin DUI Defense, and is a member of the National College of DUI Defense. He is certified in the National Highway Traffic Safety Administration's Standardized Field Sobriety Testing (SFST) and Drug Recognition Evaluation (DRE). He is available 24/7 to guide you through the process and answer any questions you may have.
Additional resources provided by the author
Additional information regarding drunk driving penalties, the legal process, and other general drunk driving questions may be found on our website.