Racine DUI Lawyer: Frequently Asked Questions
What should I do if I am stopped by the police and I have been drinking?
- First, cooperate with the police. Don’t make your situation worse by lying to the officers or interfering with their investigation. Lying to police or interfering with their investigation by being uncooperative is a basis to charge you with Resisting or Obstructing an Officer, which is a misdemeanor crime and is usually much more serious of a charge than DUI. Even if you cooperate with the police and are arrested for DUI, an experienced Racine DUI lawyer like Christopher Glinski may still be able get your DUI charge dismissed if the police did not have a valid reason to stop you in the first place.
Racine DUI Lawyer Expert Tip: Being uncooperative with the police will never help your DUI case, but it can really hurt your chances of getting a good outcome for your case and result in additional charges.
- Second, do not refuse to take the portable breathalyzer test (called the “PBT”) at the scene or the breathalyzer test (called the “Intoximeter test”) at the police station. When you obtain a drivers license in Wisconsin, you must consent to blood and/or breath tests for alcohol. This is what is called the “implied consent” law. In other words, by getting a drivers license you are consenting to blood and breath tests.
- Refusing to take the PBT and/or Intoximeter breath tests is worse than just submitting to the tests and being charged with DUI. For example, for a first-offense DUI, the penalty is a 6-9 month drivers license revocation and you are eligible to get an occupational license right away so you can drive to and from work. However, if you refuse the breath tests, the penalty would be revocation of your driving privileges for one year, you would have to wait 30 days to get an occupational license to drive to and from work, and you would be required to install an Ignition Interlock Device in your vehicle and keep it in your vehicle for one year.
Racine DUI Lawyer Expert Tip: Refusing to take a breath or blood test will result in a harsher penalty, even if your blood alcohol level is very high.
- Third, contact an experienced DUI lawyer such as Christopher Glinski at (262) 632-1555 as soon as possible after you are released from jail. Attorney Glinski offers free consultations over the phone. After you are arrested for DUI, you have only a small window of time before your driving privileges will be administratively suspended by the Wisconsin Department of Transportation. An experienced DUI lawyer can challenge the suspension of your license and keep your license valid for the duration of your DUI case.
What’s the difference between Driving Under the Influence (DUI) and Operating with a Prohibited Alcohol Concentration (PAC)?
- DUI requires that you (1) operated a motor vehicle and (2) were under the influence of an intoxicant at the time you operated a motor vehicle. Being under the influence of an intoxicant means that your ability to operate a motor vehicle was impaired because you consumed an alcoholic beverage.
- Operating with a Prohibited Alcohol Concentration requires that you (1) operated a motor vehicle and (2) had a prohibited alcohol concentration at the time you operated the motor vehicle. In Wisconsin, the legal limit for blood alcohol concentration (BAC) is .08. Therefore, Operating with a Prohibited Alcohol Concentration means that at the time you operated a motor vehicle your BAC was over .08.
- The major difference between DUI and Operating with a Prohibited Alcohol Concentration is that you can be convicted of Operating with a Prohibited Alcohol Concentration even if your ability to operate a motor vehicle was not impaired due to consuming alcohol. In other words, you can still be convicted of Operating with a Prohibited Alcohol Concentration even if you were operating your motor vehicle safely, so long as your blood alcohol level was above .08.
Racine DUI lawyer Christopher Glinski offers free consultations over the phone. If you have been charged with DUI, call (262) 632-1555 to schedule your free consultation.
*This article is for informational purposes only; you should always consult with a lawyer about your specific case. For more general information, see Expert Advice from a DUI Lawyer.