Dwi/DUI in WI

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What is the name of your state? I live in Green Bay, WIsconsin ( Brown County )

Last night on my way home from a pre season football party I got a DWI. I'm 29 now and when I was 21 I recieved an OWI at a party due to having the radio on in my car while I was sleeping.

Last night I did all the field sobriety tests but I was not given a breathalizer at all and I was still arrested. I have bad knees but was still able to do the adc's and walk a straight line. The arresting officer made me stand on one leg after I told him my knees were in poor condition. With this part of the sobriety test he just told me to stand on one leg until he decided I did it long enough. ( I was never told how long I would have to stand like this.) My knee buckled and I told him I could not perform the activity, and that is when he arrested me for DWI.

Now while we were at the hospital he asked me if I'd give permission for blood to be drawn. Initally I refused and he in turn told me that they were going to take it anyways. Then I requested to have a lawyer present and was told only after blood was drawn, so I gave in and gave permission to have my blood drawn because if I didn't then my license would be revoked instead of suspended. Is this a legal practice where they can draw blood for a BAC test when one refuses and requests a lawyer and is not given permission to have one present? Also since after being told all this and giving them permission if what they did was a violation of my rights, will the results of the test be admitted in court when I go to trial?


I'm really confused about this because it was and still is my understanding that they can not draw blood if you refuse to let them.

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Thank you for giving me the proper information Curt, I appreciate it.

I was not charged with refusing the blood test. We had a conversation that dealt with my inital reasons for wanting to refuse it, and he allowed me to change my answer.


On my ticket under the description of violation it says, operating while under the influence. Is this considered the same as drunk driving? I would also like to know what could happen to me once I go to court because if I am found guilty this will be my second OWI conviction.

I already know I will have to go through some sort of counseling, but can I go to jail or end up on probation because of this?

When I had my first OWI back when I was 21 I didn't even go to court for it. I just had a meeting with the district attorney and it was settled with him during that meeting. Is it likely that I could go that route with this one considering it will be my second offense?

I'm sorry for all the questions, but my mind is overwhelmed right now and I have no Idea what is going to happen to me because of this situation.

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Thank you for answering again Curt.

As it stands, you face a substantial fine, a driver's license Revocation (Yes, Revocation. It's part of criminal sentence, not an administrative sanction like the BAC suspension through DMV), another drug/alcohol assessment program, and a minimum five days in jail. Work release privileges are at the Court's discretion. You'll be eligible for an Occupational DL after 30 days.

I have no idea how things in court work when jail time is part of the sentence for a crime so I have some questions about that. When I go to court and everything is said and done, will I be taken into custudy right away, or given a date when I must show up at the jail? Also could it be possible that I can be placed on house arrest for this and if so, what would I need to know/do prior to my court date if the judge grants permisson for this?

One other small thing you should know... driving after an OWI related DL Revocation is an arrestable criminal offense. That means.... if you get stopped with no Occupational DL, or driving outside your time restrictions, you get arrested and face a potential 30 days in jail.

So does this mean now I can be arrested for driving or after I go to court? The officer told me that my DL was now suspended/will be suspended so this just puts more questions in my head after reading what you told me about DL revocation.

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Thanks again for answering what you could on here for me Curt. ( With it being the weekend when this all happened I couldn't get ahold of an attorney to ask even the general questions, but you helped me out a lot. )