10 Common Mistakes to Avoid During a DUI/OWI Case

10 Common Mistakes to Avoid During a DUI/OWI Case
It’s crucial to be aware of the common pitfalls that could jeopardize a DUI or OWI case. This article delves into the ten most frequent mistakes individuals make during a DUI/OWI case and underscores the profound impact these missteps can have on your life.

From refusing a breathalyzer test to hiring the wrong attorney, we cover everything you need to know to avoid these errors and increase your chances of a successful outcome, including hiring a skilled OWI attorney. Read on to learn more.

Article Summary:

  1. Not Hiring an Experienced OWI/DUI Attorney
  2. Waiting Too Long to Hire an Attorney
  3. Not Understanding the Consequences
  4. Failing to Appear in Court
  5. Not Providing Accurate Information
  6. Talking to Police Without an Attorney Present
  7. Refusing a Breathalyzer or Chemical Test
  8. Driving Under the Influence Again
  9. Not Taking the Case Seriously
  10. Not Following Probation or Court Orders

1. Not Hiring an Experienced OWI/DUI Attorney

One of the most critical missteps individuals make during a DUI/OWI case is neglecting to hire an experienced attorney who specializes in these complex legal matters. Understanding the role of a criminal defense lawyer in your DUI case is paramount. An experienced DUI/OWI attorney can craft a strategic defense tailored to your unique circumstances, utilizing their in-depth understanding of local statutes and courtroom dynamics.

They are adept at negotiating plea deals, potentially reducing charges, or minimizing penalties, which can make a profound difference in the long-term repercussions of your case.  Without proper legal representation, you risk facing severe consequences and a criminal record that can impact your job prospects, finances, and personal relationships. Read more in our guide “Should I get a lawyer for my DUI?

2. Waiting Too Long to Hire an Attorney

Another mistake people make is waiting too long to hire an attorney. It’s important to start building your defense as soon as possible, so don’t wait until the last minute to find a lawyer. The more time your attorney has, the better they can prepare for your case.

3. Not Understanding the Consequences

Many people underestimate the consequences of a DUI/OWI charge and don’t fully understand the potential penalties they could face. It’s important to educate yourself on the laws and penalties in your state so you know what you’re up against.

4. Failing to Appear in Court

Failing to appear in court during a DUI/OWI case can have serious consequences that extend far beyond just missing a scheduled date. Not only may it lead to the issuance of a bench warrant for your arrest, but it can also result in additional charges, such as contempt of court, which could carry hefty fines or even jail time. This absence sends a negative signal to the court about your commitment to resolving the matter, potentially weakening your defense strategy and jeopardizing any plea deals or favorable outcomes you might have been working towards.

Attending all scheduled court appearances is crucial, as it demonstrates your willingness to face the charges responsibly and can significantly influence the overall outcome of your case. By ensuring you are present, you maintain control over your defense and avoid unnecessary legal complications.

5. Not Providing Accurate Information

Being dishonest or withholding important information from your attorney can harm your case. It’s important to be completely transparent with your attorney so they can build the best defense possible for you.

6. Talking to Police Without an Attorney Present

If you have been pulled over or arrested, it’s important to exercise your right to remain silent until you have an attorney present. Anything you say can be used against you in court, so it’s best to wait until you have legal representation before speaking with police.

7. Refusing a Breathalyzer or Chemical Test

Refusing a breathalyzer or chemical test during a DUI/OWI stop is a decision that carries significant legal implications under Wisconsin’s implied consent laws. When you operate a vehicle in Wisconsin, you automatically consent to such tests if law enforcement suspects you of driving under the influence.

Refusal can lead to an automatic license suspension, even if you’re not ultimately convicted of a DUI/OWI. This refusal can also introduce additional penalties and complicate your defense strategy, as it may be perceived by courts as an admission of guilt or as an attempt to conceal impairment. Understanding the ramifications of refusing these tests is crucial, and how local laws apply in your state, as it can heavily influence the outcome of your case.

8. Driving Under the Influence Again

Driving under the influence again after a previous offense is a serious misstep that can escalate the legal consequences dramatically. Repeat DUI/OWI offenses in Wisconsin are subject to harsher penalties, including significantly longer license suspensions, heavier fines, and mandatory jail time.

These stringent measures can severely affect both personal and professional aspects of your life, from job security to personal relationships, and can result in a permanent criminal record. The ripple effects can be long-lasting, underscoring the importance of addressing the issue proactively.

9. Not Taking the Case Seriously

Some people make the mistake of not taking their DUI/OWI charge seriously and don’t put in enough effort to defend themselves. It’s important to remember that this is a serious offense and the consequences can greatly impact your life.

10. Not Following Probation or Court Orders

The Top DUI/OWI Mistakes: Avoid These ErrorsFailing to adhere to probation or court orders after a DUI/OWI conviction is a mistake that can have serious repercussions. Non-compliance with these orders and violating probation can lead to additional fines, extended probation periods, or even jail time, complicating your legal situation further. Following these directives is not only a legal obligation but also a crucial step in demonstrating responsibility and commitment to rehabilitation, which can favorably influence future legal considerations.

Milwaukee OWI Attorney

If you find yourself facing a DUI/OWI charge in Wisconsin, it’s important to avoid these common mistakes and seek the guidance of an experienced Milwaukee OWI attorney from the team at Fenton Law Office. A skilled lawyer can help navigate the complex legal system and provide invaluable support and representation throughout your case. Reach out to Fenton Law for a free consultation today and let us protect your rights during this challenging time.


By Attorney Jay Fenton, Owner of Fenton Law Office

Jay Fenton is a top-rated criminal defense attorney in Milwaukee who goes above and beyond for his clients. He has successfully secured favorable outcomes in countless cases, from negotiating plea agreements to filing pre-trial motions and managing complex appeals. Attorney Fenton also has had tremendous success achieving not-guilty verdicts at trial. His dedication and aggressiveness make him one of the best attorneys around.