How Likely is Jail Time For First DUI?
Whether or not you will face jail time for a first DUI offense in Wisconsin can depend on several factors, which can include the specific circumstances of your case and any aggravating factors involved. While it's not common for first-time DUI offenders in Wisconsin to receive mandatory jail sentences, it is possible, especially if certain factors apply. Here are some considerations:
- Aggravating Factors: If aggravating factors were involved, such as causing an accident with injuries or property damage, having a minor in the vehicle, or refusing a chemical test, you could be more likely to receive jail time.
- Prior Criminal Record: If you have any prior criminal record, especially if it includes previous DUI convictions, it may increase the likelihood of a jail sentence.
- Mitigating Factors: On the other hand, if you have strong mitigating factors, such as a clean driving record, completion of alcohol education or treatment programs, and a cooperative attitude, it may reduce the likelihood of jail time.
While jail may not be an option for a first DUI, a conviction still results in:
- Fines
- Court costs
- The loss of driving privileges
- Alcohol counseling
- Potential ignition interlock device
Additionally, refusing any tests will lead to a one-year license revocation with a wait time of 30 days to apply for an occupational license and mandatory installation of ignition interlock. Auto insurance rates will also rise drastically, providing that your current provider does not drop coverage. Additional penalties exist for commercial drivers and those under 18.
With so much at stake, why select an attorney who shuffles papers, metaphorically holds your hand and agrees to a quick guilty plea? We are about success. Our Sheboygan first DUI offense lawyers are about results. We are about winning. We do not make generic claims of accomplishment. We back it up with facts.
How Long Does a DUI Stay on Your Record in Wisconsin?
In Wisconsin, an OWI conviction will stay on both your criminal record and driving record. However, the length of time the DUI stays on each record can differ.
A DUI conviction will stay on your criminal record permanently in Wisconsin. Therefore, your conviction will always show up on a background check, and could potentially affect your ability to obtain certain jobs, housing, or loans. Yet, in some cases, you may be able to petition to have your criminal record expunged or sealed to avoid having such a record for the rest of your life.
On the other hand, a DUI conviction in Wisconsin will only stay on your driving record for 10 years. During this time, law enforcement, employers, and insurance companies can see your conviction, which could affect your ability to obtain certain types of insurance coverage or employment that require a clean driving record. Fortunately, after 10 years, the DUI conviction will no longer appear on your driving record.
Facing a DUI Charge for the First Time in Wisconsin? Call!
Searching the internet or flipping through the Yellow Pages will unveil several law firms that "handle" DUI cases. Many do little more than hold their clients hand while escorting them to an inevitable guilty plea.
The consequences are far too severe to "hold hands," especially when it comes to first-time offenders. Time is of the essence in contacting Dennis Melowski, the founder of our Wisconsin law firm. As one of the top DUI defense lawyers in the state, he has handled landmark cases involving first-time and repeat offenders.
The only hand-holding you can expect at Melowski & Singh is when we hold your hand up in a hopeful victory. Secure the services of an Sheboygan first DUI offense attorney well known as a winner. Contact us at (920) 294-1414.
First DUI FAQ
What are the penalties for a first DUI offense in Wisconsin?
- For a first DUI offense, penalties may include fines, license suspension, mandatory alcohol education or treatment programs, and potential jail time.
Will I lose my driver's license for a first DUI offense in Wisconsin?
- Yes, a first DUI offense in Wisconsin typically results in a driver's license suspension. The length of the suspension varies based on factors such as blood alcohol concentration (BAC) and prior offenses.
Can I avoid jail time for a first DUI offense in Wisconsin?
- While jail time is possible for a first DUI offense in Wisconsin, it is not always mandatory. Factors such as BAC level, prior offenses, and mitigating circumstances can influence the sentencing outcome.
Will a first DUI offense in Wisconsin appear on my criminal record?
- Yes, a first DUI offense in Wisconsin is considered a criminal offense and will appear on your criminal record. This can have long-term implications, including affecting employment opportunities and insurance rates.
Should I hire a lawyer for a first DUI offense in Wisconsin?
- It is highly advisable to consult with a qualified DUI defense lawyer if you are facing charges for a first offense. A skilled attorney can assess your case, explain your rights, and advocate on your behalf to minimize the potential consequences.
Can I refuse a breathalyzer test during a DUI stop in Wisconsin?
- While you have the right to refuse a breathalyzer test in Wisconsin, doing so can result in administrative penalties, such as automatic license suspension. It's important to understand the potential consequences before making a decision.
How long will a first DUI offense stay on my driving record in Wisconsin?
- A first DUI offense typically remains on your driving record for several years in Wisconsin, depending on the specific circumstances and state laws. It's essential to consult with a legal professional for accurate information regarding your case.
