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THE STANGL LAW BLOG

4 Chippewa County, Wisconsin OWI/PAC Victories in a Row

Posted by Attorney Stangl on May 29, 2019

Chippewa County, Wisconsin OWI Victories

Attorney Stangl has recently won four Chippewa County OWI-PAC cases in a row.

Three of these cases were felony drunk driving cases. In two of the three cases, his clients were not convicted of felony drunk driving, thus avoiding not only a felony conviction but potential imprisonment in the Wisconsin State Prison system.

Read summaries of each of these victories below as well as what to do if you find yourself or a loved one facing OWI/PAC charges in Wisconsin.

State of Wisconsin v. R.D.

In State of Wisconsin v. R.D., (Chippewa County Case No. 15-CF-514) the defendant, Mr. Dekan, was originally charged with an OWI 8th offense which carries a mandatory minimum prison sentence.

Attorney Stangl was able to successfully attack two prior OWI convictions and the State was not able to count them to enhance Mr. Dekan’s penalties. The charges were amended to allege a 5th or 6th OWI thereby avoiding a mandatory prison sentence for his client.

State of Wisconsin v. R.T.

In State of Wisconsin v. R.T., (Chippewa County Case No. 16-CF-507) the defendant was charged with felony operating while under the influence of an intoxicant and felony operating with a prohibited alcohol concentration.

Again, Attorney Stangl was able to successfully mount an attack on an un-counseled prior conviction and the case was amended to a misdemeanor, saving his client from the stigma and penalties of an OWI felony conviction and potential prison.

Village of Lake Hallie v. J.K.

In Village of Lake Hallie v. J.K., (Chippewa County Case No. 16-TR-1027, 1028 and 1029) the defendant was charged with an OWI-PAC 1st offense with an alcohol concentration of .13.

Attorney Stangl, after independently testing the Intoximeter EC/IR II, was able to demonstrate to the prosecutor that there was no way that the client’s alcohol concentration was .13 and that the inflated alcohol concentration was caused by inhaled vapors from chemicals that the client was working with the day of the incident. A few days prior to trial the case was successfully resolved without an OWI or PAC conviction.

State of Wisconsin v. S.P.

In State of Wisconsin v. S.P., (Chippewa County Case Nos. 16-CF-289, 16-CF-96 and 16-CF-253) the defendant was initially charged with an OWI-7th offense with two (2) pending OWI-PAC’s at the same time along with bail jumping. The 7th offense requires a minimum mandatory three (3) year term of imprisonment.

Attorney Stangl was able to get the 7th offense reduced to a 5th/6th offense thereby saving his client from prison. The client received five (5) years probation and one (1) year in the county jail on the 6th offense OWI-PAC, which also could have resulted in a prison sentence.

Wisconsin's OWI Laws & Penalties

Under Wisconsin law, you may be considered to be operating while under the influence of an intoxicant if you are driving with a blood alcohol concentration (BAC) of 0.08 percent or more, or are impaired as a result of ingesting controlled substances.

However, even if you have a BAC that is under 0.08 percent, you may still be considered to be under the influence if your driving is observed by police to be affected by drugs or alcohol.

Wisconsin law prescribes penalties for OWI offenses which include, but are not limited to:

  • First Offense: Significant monetary fines and surcharges and driver's license revocation for up to 9 months. Learn more.

  • Second Offense: Possible jail time, significant monetary fines and surcharges, and mandatory driver’s license revocation for at least 12 months.

  • Third and Subsequent Offenses: Mandatory jail time, excessive fines and surcharges, and driver's license revocation for one or more years.

Get a full Wisconsin OWI penalties chart here.

Attorney Pat Stangl's Approach to OWI Defense

Attorney Stangl’s philosophy regarding OWI defense is that, unless the State offers a plea agreement significantly better than the risk of losing in trial, there is no reason to plead guilty.

Because Attorney Stangl believes that—unlike many other charges in State Court—victims of drunk driving [OWI, DUI, DWI, BAC, PAC] charges have little incentive to plead guilty, he prepares all drunk driving cases for trial.

This approach differs greatly from the vast majority of criminal defense attorneys who assume they cannot win your case and plead guilty. If you’re facing criminal or traffic charges in Wisconsin, schedule a free consultation with us from the Contact Us page right away.

Receiving an OWI, DUI, DWI, PAC, BAC DWI/DUI charge is a serious matter. Attorney Stangl uses wide range of strategies to defend your OWI case, including: review the case for defects, moving for the suppression of evidence, compelling discovery of such things as calibration and maintenance records for the breath machine, having blood samples independently analyzed, negotiating for a lesser charge or reduced sentence, obtaining expert witnesses for trial, contesting the administrative license suspension, winning trials and refusal hearings, and much more.

If there's a way to win your OWI case in Wisconsin, Stangl Law will find it.

 

 

Free 15 Minute Consultation

Madison attorney, Patrick J. Stangl, is committed to defending the rights of his clients. As part of his commitment to sharing his legal expertise, he is happy to extend to you at no obligation, a FREE 15-minute consultation to discuss your case.

Take advantage of this important opportunity to explore your legal options today as you prepare to fight repeat OWI charges in Wisconsin.

Get a Free OWI Defense Consultation

 

Topics: Drunk Driving Charges (OWI)

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