Six Common Mistakes in First-Time OWI/DUI Cases and How to Avoid Them

 Posted on October 31, 2024 in Criminal Defense

Facing an OWI (Operating While Intoxicated) charge for the first time in Wisconsin can be downright scary. You may figure that, since this is your first OWI charge, you do not need an attorney and can keep a low profile by avoiding the expense or publicity of hiring a lawyer. Unfortunately, this is one of the most common mistakes people make in OWI that can make the consequences they are facing much more serious.

Understanding this and some of the other most common pitfalls can help you avoid costly missteps and protect your rights. Consulting a knowledgeable Wisconsin criminal defense attorney early in the process is the single most important thing you can do to make sure you face minimum consequences and get back to normal life as quickly as possible.

Mistake #1: Assuming You Have No Defense and Should Just Make a Plea Deal

Many people believe that an OWI charge is impossible to fight, especially if they failed a breathalyzer or field sobriety test. However, these tests are not foolproof, and various factors, such as improper test administration, medical conditions, or equipment malfunctions, can impact the results.

For example, a breathalyzer test may produce inaccurate readings if the device was not calibrated correctly. By assuming you have no defense, you could miss valuable opportunities to challenge the evidence against you.

How to Avoid This: Speak with an attorney before accepting any plea deals or assuming guilt. A skilled defense lawyer can examine the details of your case to identify potential defenses.

Mistake #2: Ignoring Deadlines

In Wisconsin, there are strict deadlines involved in OWI/DUI cases. For instance, you have only 10 days after your arrest to request an administrative hearing to challenge the suspension of your driver’s license. Missing this deadline can result in an automatic license suspension, which will affect your job and personal responsibilities.

How to Avoid This: Act quickly after your arrest and contact an attorney immediately. A defense attorney can help you stay on top of these critical deadlines to prevent additional penalties.

Mistake #3: Representing Yourself

While some people try to face a first-time DUI charge on their own, this is rarely a good idea. OWI/DUI laws are complex, and prosecutors take these cases seriously. Going to court without a legal advocate can leave you vulnerable to more severe penalties, such as higher fines, extended license suspension, or mandatory alcohol counseling. Additionally, without legal experience, it is challenging to negotiate with the prosecution to reduce charges and penalties.

How to Avoid This: Hire a qualified DUI attorney who understands Wisconsin’s DUI laws and can negotiate on your behalf. An attorney can secure a better outcome than you might achieve alone.

Mistake #4: Talking Too Much to the Cops

After being pulled over, some people mistakenly think that cooperating fully, including answering all questions, will help their case. However, anything you say can be used against you in court, and officers often ask questions designed to trick you into admitting guilt.

How to Avoid This: Politely provide basic information (such as your name and license) but refrain from answering detailed questions about your activities. You have the right to remain silent and should use it until you speak with an attorney.

Mistake #5: Not Planning for the Long-Term Consequences

A first-time OWI/DUI conviction can have serious long-term effects on employment, education, and insurance rates. Some people downplay these consequences, thinking that a first offense is not a big deal, but Wisconsin takes OWI offenses seriously, and even a first-time conviction can impact your record for years.

How to Avoid This: Understand the full impact of a conviction and prioritize protecting your future. Consulting a defense attorney can help you explore options to potentially reduce or dismiss the charges.

Contact a Jefferson County, Wisconsin OWI Defense Lawyer for a Free Consultation

If you are facing your first OWI/DUI charge, you do not have to face it alone. Many people face these charges and get beyond them to lead a normal life free of serious consequences. Contact a Racine County OWI/DUI defense attorney at Bucher Law Group, LLC for a free consultation to discuss your case and learn how we can help you avoid common mistakes. Call 262-303-4916 today.