Criminal Defense/DUI

At the Law Offices of Thomas J. Marola, we provide aggressive, effective criminal defense representation for people who have been charged with a felony or misdemeanor crime in Wisconsin or federal court. An experienced attorney who has the professional resources to thoroughly investigate the charges and develop a strong case for your defense, attorney Thomas Marola has more than 30 years of experience in state and federal jurisdictions throughout southeastern Wisconsin.

Contact our law firm in West Allis to discuss your charges and your legal options. We will fight for your best outcome under the circumstances and protect your legal rights at every step.

felony defense attorneys DUI defense lawyers

A felony conviction will cost you a lot

It is important to fight your charges aggressively. Even if you are not sentenced to any jail time, you may lose the right to own a firearm and other civil liberties, such as your right to hunt, access to restricted jobs—even your right to vote could be taken away.

If you have been charged with a crime or think you might be charged, it is important to start planning your defense as soon as possible. Contact the criminal defense Law Offices of Thomas J. Marola to schedule a consultation with attorney Thomas Marola. The sooner we begin, the more influence we may be able to have during the criminal investigation, over what charges are brought against you, and in what the ultimate outcome will be.

We represent people charged with felonies and misdemeanors such as traffic offenses and speeding tickets, drunk driving/OWI, theft and property crimes such as mortgage fraud or embezzlement, drug crimes, weapons charges, sex charges, violent crimes, and many others. We also provide aggressive representation for people charged with domestic violence or violating restraining orders.

Drunk Driving Defense

Drunk Driving/DUI/OWI Laws

In Wisconsin, a drunk driving charge is referred to as an OWI (Operating While Under the Influence) or OMVWI (Operating a Motor Vehicle While Intoxicated.) The influencing agent in question can be alcohol, legally prescribed drugs or illegal drugs such as marijuana and cocaine.

Drunk driving offenders may receive two traffic tickets: one for driving under the influence (an OWI ticket) and the other for having a prohibited alcohol concentration (a PAC ticket.) The severity of the charges depends on several factors:

  • If the person had been convicted of a drunk driving offense previously in Wisconsin or any other state
  • If the person had refused to submit to a sobriety test (convictions for refusing a test count as a prior OWI conviction)
  • Whether or not a child was in the vehicle at the time of the alleged offense

Therefore, the more the drunk driving charges or refusals, the more the penalties.

Legal Limits

  • Minors are prohibited from driving with any trace of alcohol in their system
  • A driver with no previous drunk driving conviction is prohibited from driving with a .08BAC (blood alcohol content level)
  • A convicted drunk driving offender is prohibited from driving with a .02 BAC (blood alcohol level). This applies to refusals (refusing to submit to an alcohol test counts as a prior drunk driving offense)

DRUNK DRIVING DUI

Q: What do I do if arrested for drunk driving?
A: Contact an attorney right away.

Q: What should one do to save his or her driver’s license?
A: Demand an "administrative suspension hearing" or a "refusal hearing," depending on whether or not you submitted to a police blood or breath test, or refused to do so. If don’t request a suspension/refusal hearing, you’ll lose your license regardless of the outcome in court. Don’t wait until your court date – act immediately!

Q: Will my insurance premiums increase if convicted?
A: Yes, depending on your insurance provider. However, a drunk driving conviction impacts the liability limit your insurance provider will allow you to purchase, posing a greater risk to your family’s financial security.

Q: Is a drunk driving conviction a felony?
A: It depends. A first offense carries no jail sentences. A second, third and fourth offense is usually categorized as a criminal misdemeanor. A fifth violation is a felony. However, if there was a passenger under the age of 16 at the time of the offense, maximum penalties double. This means a third or fourth offense involving a passenger under age 16 will be a felony offense.

Q: Will a drunk driving conviction stay on my record?
A: First time offenses involving the legal limits of 08 - .099BAC (blood alcohol content level) are purged after ten years. Otherwise, any drunk driving convictions remain on your driving record permanently.

Contact the Law Offices of Thomas J. Marola in West Allis, Wisconsin, to talk with us about the charges against you. Your criminal defense is the most important thing in your life right now. We will fight for your rights and freedom.