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DUI, OWI, DWI, Drunk Driving

DUI, OWI, DWI, Drunk Driving

You Were Arrested For A DUI. Now What?

DUI, OWI, DWI, or Drunk Driving, no matter what you call it, the prospect of an arrest from law enforcement for an alcohol related offense is usually a very intimidating experience. Most often knowing the penalties you are facing and how to handle them may help to minimize the impact on your lifestyle. Most people think that a DUI or PAC violation is like a traffic ticket and is no big deal. However, that is not the case.

ticking-clockIf you find yourself in the unfortunate situation of facing DUI, OWI, DWI, or Drunk Driving charges, it is important to call a DUI attorney immediately. After your arrest the clock is ticking.  By speaking to our firm, you will be speaking with an experienced DUI lawyer right away about penalties and restrictions that can be avoided.  We can help you reduce the impact the charges have on your life. Why take the risk, of making a bad situation worse?


At Smerlinski Law Office S.C. we have helped many people over the years get through the court process and the administrative process of a DUI. We understand this ever changing system, and we can help you avoid or minimize the consequences from a DUI. Contact us so we can discuss the specifics of your case, today.

Number Of Offenses

The penalties and the process varies greatly depending on the number of offenses you have. To learn more about your specific situation click on a link below.

First Offense

Your first DUI arrest can be extremely confusing. It is easy to get lost trying to figure out the court and administrative system. At a minimum you should know…

Second Or Third Offense

The penalties increase significantly after the first offense. With a second or third offense you will face mandatory jail time. Other penalties include…

Fourth Offense Or More

Four or more offenses normally is a felony in Wisconsin. After a long and complicated court process you will typically face significant jail time…

Did You Know?

You could lose your driver's license automatically within 30 days.
You could lose your class D driver’s license automatically within 30 days of a PAC arrest, without a hearing. Failure to make a timely request after a PAC arrest will result in an automatic loss of driving privileges.

If an individual gives a blood sample that is over .08 rather than a breath sample, then that individual has 13 days after notification of that blood test result to request an administrative hearing.

Most people in this day and age rely on the ability to drive to support not only themselves but their family. What would happen if you lost the ability to drive?  This is only one example of what can happen without knowing how to proceed with a DUI or PAC violation. Here time is of the essence so you must take immediate action after a PAC arrest to preserve your right to drive.  Our firm can do this for you.

All licensed drivers must submit to an alcohol test when requested by law enforcement.
A refusal offense is a citation for violation of the Wisconsin’s implied consent law. Quite simply put Wisconsin law requires all licensed drivers to submit to an alcohol test when requested by law enforcement. Failure to submit to a breath test or a blood test will result in an automatic revocation of driving privileges without a hearing unless the individual submits a proper request for a refusal hearing.  It is important to know that the refusal citation is an offense that is handled in the municipal or circuit court and not the Wisconsin Department of Transportation.
With a minor in the vehicle you could lose your right to possess firearms.
Under Wisconsin law if you are found guilty of an OWI or PAC 1st offense with a minor under the age of 16 in the vehicle at the time of the offense, it is considered a felony.  A felony conviction in Wisconsin prohibits one from owning or possessing a firearm. Knowing how different DUI or PAC offenses are prosecuted and what the law allows for severity of penalties are critical factors in determining how to defend you. At Smerlinski Law Office S.C. we take into account all of the factors of your case when determining how to defend you.
There is an administrative procedure that starts before municipal or circuit proceedings even begin.
Most people that are charged with an Operating with a Prohibited Alcohol Concentration (PAC) have no idea that there is an administrative procedure that is started before municipal or circuit proceedings are even begun. If an individual gives a breath sample that is over the legal limit of .08, then there is only 10 days from the date of the stop to request an administrative review to keep your driving privileges.


Negotiating both the Wisconsin Department of Transportation’s administrative procedures and the municipal or circuit court procedures requires a thorough knowledge of law. Anyone charged with a PAC citation must successfully work their way through both the administrative process and the court system in order to keep regular driving privileges. Finding your way through both systems can be overwhelming without an experienced DUI lawyer’s help.  At Smerlinski Law Office S.C. we can take you through both systems helping you to minimize the impact the charges have on your life.

DUI and PAC laws are only getting tougher. The legislature is continually working to make the penalties and restrictions harsher for DUI and PAC offenses. With this constant change it is important to have legal representation that understands and stays current with the latest laws and procedures.  This is why you should hire Smerlinski Law Office, S.C.