Bicycle Injury Lawyer, Criminal Defense Lawyer


230 West Wells Street - Suite 706

Milwaukee, Wisconsin 53203


Tel - 414.207.4426


5976B Executive Drive

Fitchburg, WI 53719


Tel - 608.320.6710


DUI Questions and Answers

1. Can you get a dui on private property?

The test in Wisconsin is whether the area is "held out to the public." Courts will look to things such as what was the owner's intent, did the owner intend for the public to use his parking lot, or only employees. There are always exceptions and in 1995 the statutes were amended to include employee parking lots.

Examples of areas found open to the public in the past include a bar/restaurant parking lot and the parking lot of a closed gas station.

2. Can you get a dui on a bike in Wisconsin?

This is not likely. See analysis here. Snowmobiles, all terrain vehicles, and boats have special rules that may apply.

3. Can you get a dui for sitting in a parked car that is running/ not operating the car?

This depends on the facts and circumstances. Wisconsin defines operate as the physical manipulation or activation of any of the controls of a motr vehicle necessary to put it in motion. In a past Wisconsin case invovling clear evidence a person was merely sitting in the driver's seat of a parked car with the engine running but never activated controls necessary to put the car in motion, the DUI charge was improper.

4. Is a first offense DUI a crime in Wisconsin?

Under most circumstance a first offense is not a crime. Exceptions apply, for example if there is a child 16 or younger in the car.

5. Can a person get convicted of first offense dui even if they have a prior offense?

Yes, sometimes the prior offense does not count because it is too old or because the person was denied the right to counsel for the first offense if it occured in a state other than Wisconsin. Various exceptions apply and each case is different.

6. Can a person get a dui in Wisconsin even if they have less than a .08 bac?

Yes, a prosecutor can charge a person with DUI even when the bac comes back as less than .08. This is because there is a difference between DUI/ operating under the influence and PAC operating with prohibited alcohol content. If charged with DUI and your bac is .08 or less you should contact a criminal lawyer because these cases can often be dismissed or amended.

7. Can a DUI charge in Wisconsin get amended to reckless driving?

Yes. This is farily rare and depends on the facts and circumstances of the case. This is more likely if the driver's bac was close to .08. There is a statute in Wisconsin that provides that when a prosecutor seeks to amend a DUI charge the prosecutor has to give good reasons to the judge because lawmakers have made it clear that they want drivers who violate the law to suffer punishment.

8. Does Wisconsin have a wet reckless amendment?

No. Calfornia and some other states have an amendment called wet reckless that is a smaller fine and better than a standard DUI but Wisconsin does not have this. All we have is standard reckless driving.

9. Does a person have to take a PBT test?

No. The PBT test is used by police to develop further evidence of criminal activity against a person. It is generally not admissible in court. If a driver refuses to take this roadside breath test, the driver is not punished. However the driver could be arrested (which will likely happen anyway) and once arrested every driver agrees to provide a breath test at the police station or a blood test. If a person refuses the real breath test (at the station after arrest) or a blood test after arrest, they will likely get charged with a refusal which carries similar penalties to a DUI.

10. Does a driver have to do the field sobriety tests when a police officer requests?

No. Doing these tests is not required but police can lie to people. Police may lie and tell a person they have to perform them or threaten the person that if they don't perform them the person will get arrested. Completing the tests generally provides evidence in favor of the prosecution. For example, most people do not stand with one foot in front of the other, arms at their sides....When a person tips over or fails to walk perfectly for 20 steps or fails to hold one leg up for 20 seconds etc. it looks bad on video. If the person refuses to do these tests there is no video.