Plea bargaining an OWI in Wisconsin without a Lawyer

[shpongleye]

I am being charged with an OWI and underage drinking in Wisconsin, I plead not guilty at the arraignment and casually requested a motion for Discovery. My pretrial hearing is coming up soon and I would like to talk to the city attorney before then to make an offer for a plea bargain. In Wisconsin there is a statute that prohibits lowering a drunk driving charge unless there is reason to believe that it will prevent drunk driving but the district seems very flexible. I was 20 at the time of the offense with a 0.11% BAC on the breathalyzer, but I was chewing gum containing sugar alcohols and had recently burped in my mouth. I later took a blood test and it showed 0.07% BAC, which is still over the limit for a minor, but I think 0.07% still sounds better than 0.11% BAC.

I would like to suppress the evidence of the breath test by presenting the video of me with gum in my mouth. The officer asked me to break the law by littering the gum on the ground, and I appeared to take the gum and put it in my pocket, but I actually put a small piece of paper in my pocket. I'm not sure what parts of the story I should admit to in court, but if there was gum in my mouth within 15 minutes of the breathalyzer the breath test was improperly administered. I would absolutely LOVE to get a reckless driving and an underage over a drunk driving charge- heck, I would even agree to an additional disorderly conduct and whatever else as long as I'm not stuck with a DD charge on my record!

Some additional information would be that I have a short marijuana record from a few years ago.. and I only have $500, so I can't pay for an attorney and the court said they don't provide PD's in municipal court. Are there any other alternative charges that are lesser in severity to an OWI? Any advice will be GREATLY appreciated, I have learned my lesson and will never drink and drive again, but my job involves driving so this is really important to me.

THANK YOU!

 

[sandyclaus]

I am being charged with an OWI and underage drinking in Wisconsin, I plead not guilty at the arraignment and casually requested a motion for Discovery. My pretrial hearing is coming up soon and I would like to talk to the city attorney before then to make an offer for a plea bargain. In Wisconsin there is a statute that prohibits lowering a drunk driving charge unless there is reason to believe that it will prevent drunk driving but the district seems very flexible. I was 20 at the time of the offense with a 0.11% BAC on the breathalyzer, but I was chewing gum containing sugar alcohols and had recently burped in my mouth. I later took a blood test and it showed 0.07% BAC, which is still over the limit for a minor, but I think 0.07% still sounds better than 0.11% BAC.

I would like to suppress the evidence of the breath test by presenting the video of me with gum in my mouth. The officer asked me to break the law by littering the gum on the ground, and I appeared to take the gum and put it in my pocket, but I actually put a small piece of paper in my pocket. I'm not sure what parts of the story I should admit to in court, but if there was gum in my mouth within 15 minutes of the breathalyzer the breath test was improperly administered. I would absolutely LOVE to get a reckless driving and an underage over a drunk driving charge- heck, I would even agree to an additional disorderly conduct and whatever else as long as I'm not stuck with a DD charge on my record!

Some additional information would be that I have a short marijuana record from a few years ago.. and I only have $500, so I can't pay for an attorney and the court said they don't provide PD's in municipal court. Are there any other alternative charges that are lesser in severity to an OWI? Any advice will be GREATLY appreciated, I have learned my lesson and will never drink and drive again, but my job involves driving so this is really important to me.

THANK YOU!

Honestly? With so many obstacles to overcome, and the complications in your case, can you really afford NOT to hire an attorney to represent you?

If you unfamiliar with discovery rules, you run the risk of doing it wrong and really screwing up your case. On top of that, when discussing plea bargains, the local defense attorneys are often much more familiar with the district, the prosecutors and judges, so that they know what CAN and CANNOT be negotiated on a plea bargain.

And just a bit of advice? NO amount of alcohol in your system will be acceptable in your case. In most jurisdictions, anything over .01% (I think) for a minor is considered OWI. That's not something you're going to be able to overcome or negotiate your way out of (just saying).

 

[HighwayMan]

...casually requested a motion for Discovery...

You requested a motion, eh? You're off to a great start.

 

[tranquility]

If you're actually going to make a legal argument, you need an attorney. If you want to make a deal, you have no negotiating power unless you have an attorney. One reason why you have an attorney is so that he can say things that would be a confession if they come from you. Remember, you have the right to remain silent. Anything you say, even in negotiations, can be used against you.

 

[Just Blue]

You requested a motion, eh? You're off to a great start.

Ahhh...But it was "casually requested".
Theres the rub....

casually requested a motion