Driving under the influence of alcohol might be considered a form of reckless driving. The driver is behaving in a hazardous manner that greatly increases the risk of a collision. A Drunk Driving lawyer in Beaver Dam WI represents clients who have been charged with this criminal offense.
Looking for Case Problems
A lawyer typically begins by looking for problems with the case. For example, law enforcement officers are not allowed to signal a driver to pull over just because they suspect this person might be intoxicated. The driver must have made an error or committed a traffic violation, or the vehicle must have a safety issue like a burned-out taillight.
Getting the Charge Reduced
Another strategy a defense attorney might try is convincing the prosecution to lower the charge to that of reckless driving. In some states, this reduced charge is known as wet reckless, or reckless driving with alcohol as a factor. Wisconsin does not recognize the wet reckless charge.
Reckless driving is still a serious charge but not considered as severe as that of DUI. Unfortunately, convincing the district attorney to accept this type of plea bargain can be very difficult in Wisconsin. In addition, a judge would have to approve the negotiation, which is uncommon. The state takes drunk driving very seriously.
The best chance for a successful negotiation is when the driver had blood alcohol content very close to the legal limit and has never had a prior DWI conviction. In Wisconsin, illegal BAC for drivers age 21 and over is .08. A Drunk Driving lawyer in Beaver Dam WI may be able to persuade the D.A. to accept a plea bargain in this case, especially if the individual has never been in any legal trouble before and has demonstrated responsible behavior in other areas of life.
Advocating for a Lenient Sentence
If reduction of the DUI charge to reckless driving proves to be impossible, the attorney from an organization such as QBS Law S.C. will work to convince the judge to impose the most lenient sentence allowed by law. Judges have a great deal of discretion regarding the sentence they issue for DUI convictions. You can also visit them on Google My Business.
