Best DUI Lawyers in Appleton

FAQs

• What is the non-emergency contact number for the local police station in Appleton, Wisconsin?

  920-832-5500 is the non-emergency phone number of the Appleton Police Department.

• Where can I get a copy of police reports for incidents related to my case in Appleton, Wisconsin?

  Police reports can be acquired by calling Appleton police's records department at 920-832-5500.

• Should you refuse any alcohol test for an OWI in Appleton?

  If the police cannot get a breath, blood, and urine test from you, they will then expect you to be above the BAC level of 0.25, which carries severe OWI penalties. Refusal of a chemical test in Appleton can lead to a separate offense with a particular set of penalties that stand even if you are not convicted of the OWI offense. Additionally, the penalties of a chemical test refusal are more severe than if your BAC is above 0.25.

• Are you required to undergo an alcohol or drug assessment for an OWI in Appleton?

  Yes. All persons accused of OWI must undergo the Alcohol and Other Drugs Assessment (AODA). Through one-on-one counseling, the AODA is conducted to check the accused's drinking problems, family drinking history, and substance risk. The assessment commonly happens in the county of the OWI arrest, though it is possible to have it in the accused's home county. To know more about AODA providers for Appleton cases, contact the Outagamie County DHHS at 920-832-4741. The physical location of the county DHHS at 320 S. Walnut Street in Appleton, and its email is HumanSvc@outagamie.org.

• What are the license penalties for a commercial driver OWI in Appleton?

  For a first OWI offense, the driving privilege penalty for a commercial license holder is a one-year revocation, even if the arrest is made on a personal vehicle. A second offense can result in the lifetime disqualification of the license plus up to six months of jail time, a $1,000 fine, and the installation of an interlock device. If the commercial driver moves hazardous materials while arrested for OWI in Appleton, the license revocation period is increased to three years.

• Can an OWI in Appleton stay on your record?

  An OWI in Appleton will stay on your record permanently unless you get a reduced charge or the case against you is dismissed. It is rarely possible to expunge an OWI in Wisconsin unless the offender is under the age of 25 or the charge fits certain cases under Wis. Stat. sec. 973.015. Having an OWI on your record within 10 years also means the penalties for the subsequent OWI will be harsher.

• How much does it cost to hire a lawyer for an OWI in Appleton?

  Criminal defense lawyers usually charge their clients by accomplishing responsibilities for a fixed price. If an Appleton case takes longer than expected or proves to be complicated, the client may not be billed extra. Another important thing to note is that with this type of fee arrangement, the client will not be billed for how often they consult their lawyer. This is different from the hourly billing arrangement, in which clients are billed every time their lawyer does work for them.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.