El Jebel, CO DUI and DWAI Law Firms & Lawyers

If you had been summoned to court or were subpoenaed to court, the judge can issue a bench warrant to have you picked up and held until he can see you.

The penalty depends on whether this is or is not a first offense. Also if anyone was injured. Also your son's personal history and background. And the skill of the lawyer counts as well. In Wisconsin, a first offense OWI without injury is not a criminal offense and carries only a forfeiture, which depending on the Blood Alcohol Content, could be $1,300 or $1,800 or so. He would probably need an occupational license, which has some costs, and he must undergo an Alcohol and Other Drug Evaluation if he wants to drive again, at least in Wisconsin. And finally, his automobile insurance costs will be considerably higher for two or three years assuming no more traffic offenses. I hope this helps. Good Luck.

Your son has a great case to defend. However, the breath test is just one piece of evidence. Usually, there is the following evidence in most DUI cases: driving patter; initial contact; field sobriety tests; preliminary breath tests; and finally breath test. So, as you can see, the case can still go forward, but the prosecutor is missing a lot of critical evidence to get a conviction. Because your son is on leave from the military, it can complicate it even further. Your son does not need a conviction on his record. This can effect his military career. For instance, it could prevent him from getting a security clearance. Additionally, he is going to have to deal with this while not being present, since he will not be here tell its conclusion. Lastly, your son needs to request a DMV hearing within 10 days of his arrest. If he loses his license, that will effect his base privileges.