KIRK OBEAR ATTORNEY AT LAW

603 South 8th Street, Sheboygan,  Wisconsin  920-395-2200  info@kirkobear.com

drunk driving

CHANGES TO WISCONSIN DRUNK DRIVING LAWS- EFFECTIVE JULY 1, 2010

OWI, DUI, DRUNK DRIVING 
In Wisconsin, drunk driving, DWI, and DUI are charged as OWI- Operating While Impaired or Intoxicated.  Specifically, you can be charged with OWI for operating under the influence of alcohol, a controlled substance, or a combination of alcohol and a controlled substance, or any other drug that makes a person less capable of driving safely (includes prescriptions and over the counter drugs- Ambien, Vicodin, Nyquil, etc.).

I have had over 100 OWI charges amended or dismissed all over the state of Wisconsin- the following are specific examples: 

OWI Refusal (If you refuse a test of your breath or blood when you are pulled over by law enforcement you may be charged with a "refusal" and the court may revoke your driving privileges for at least 1 year, or more if you have prior convictions. This is true even if the police took blood from you after you refused.)

-Refusal dismissed and first offense OWI amended to failure to stop at stop sign.

-Convinced judge that police had failed to follow the law, resulting in judge dismissing a refusal charge. Prosecutor subsequently amended the companion OWI to Reckless Driving, saving the client’s Commercial Driver's License.

OWI First Offense 

-OWI First Offense amended to Reckless Driving and dismissal of refusal charge on defense motion.

-OWI First Offense amended to failure to stop at stop sign.  Refusal and PAC charge dismissed.

-OWI First Offense amended to Reckless Driving based on problems identified with anonymous tip. 

-Convinced prosecutor to amend OWI First Offense to Reckless Driving after independent investigation revealed that the arresting officer had no legal basis for the traffic stop.  

-Convinced prosecutor to amend OWI First Offense to Inattentive Driving after motion hearing where police officer admitted numerous mistakes in the process of administering field sobriety tests. 

OWI Second Offense 

-Negotiated settlement of OWI Second Offense case to Reckless Driving based on failure of the police to establish the time of driving.  

-Negotiated amendment of OWI Second Offense to Reckless Driving after vigorous cross-examination of officer at an administrative suspension hearing.

OWI Third Offense 

-Judge granted defense motion challenging officer's decision to pull vehicle over.  All evidence was suppressed and prosecutor was forced to dismiss the case.  

-Negotiated amendment of OWI Third Offense to Negligent Operation of a Motor Vehicle based after judge granted motion to strip test result of its presumption of admissibility.

-Successfully mounted collateral attack in OWI Third Offense  case, which resulted in a conversion of the case to OWI First; client served no jail time and was able to keep his job.  

-Successfully argued motion to suppress all evidence in OWI Third Offense case where the officer believed that client was committing a traffic violation. Judge found that officer had no basis to pull the client over.  

-Convinced prosecutor to move for amendment of OWI Third Offense to Negligent Operation of Motor Vehicle in the middle of trial after prosecutor failed to establish compliance with statutory requirements for breath-testing machine.

OWI Fourth Offense

-Successfully collaterally attacked 2 prior convictions in OWI Fourth case, resulting in the prosecutor amending the charge to OWI Second Offense. 

-Successfully argued for amendment of OWI Fourth Offense to Reckless Driving after prosecutor agreed that police violated client’s constitutional rights.  

-Convinced prosecutor to dismiss OWI Fourth Offense, Hit and Run, Operating after Revocation, and Inattentive Driving charges against client after defense investigation established significant problems in prosecution’s ability to proceed.

OWI Fifth Offense 

-Challenged prior conviction in felony OWI Fifth Offense, which resulted in preventing the prosecution from being able to obtain a felony conviction.  

-Convinced prosecutor to amend felony OWI Fifth Offense case to misdemeanor Reckless Driving due to problem identified in the stop and arrest of the client.

-Successfully attacked prior conviction in felony OWI (5th) case, forcing the prosecutor to amend to a misdemeanor.

-Convinced judge to strike prior conviction in OWI (5th) case, converting a felony to a misdemeanor and preventing the client for going to prison.

OWI Eighth Offense            

-Convinced judge to dismiss OWI (8th) charges based upon lack of probable cause.

-Argued for invalidation of prior convictions in OWI (8th) case, saving client from prison and loss of job.

OWI Homicide

-Convinced judge to sentence client to probation in OWI Homicide - kept client out of prison.

-Successfully argued for probation and four months jail in OWI Homicide case.  

* The above examples are real client cases handled by me, Attorney Kirk Obear. They are intended only as examples of past successful casework and are not intended to be an indication of the likelihood of success in any other particular case. Just because you have been charged with a similar offense, you should not assume that the result in your case would be the same as any of those listed above. However, these examples are given to demonstrate the level of commitment and dedication to your case that you should expect from my firm.

•Top 5% of Wisconsin Attorneys as listed in Wisconsin SuperLawyers® Magazine

•Outspoken advocate for marijuana decriminalization for over 10 years

•Hundreds of OWI, drunk driving and criminal cases handled successfully

•FREE INITIAL CONSULTATION•

920-395-2200  


Office location:
603 South 8th Street
  Sheboygan, Wisconsin   53081
info@kirkobear.com

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