It may seem incomprehensible to most people, but Wisconsin laws prohibit an intoxicated person from even sitting behind the wheel of a car with the engine running. A Drunk Driving Lawyer in Madison WI represents clients who have been charged with an intoxication-related offense even if they were not driving.
DUI Laws
The catch with these Wisconsin laws is that the language does not specify that the person has to be driving. Instead, the term “operating” is used. If a person is sitting behind the wheel with the key in the ignition and the motor running, it can be said that this individual is operating the vehicle.
Court Challenges
These types of arrests have been challenged in court, with different outcomes. Sometimes the court has sided with the prosecution and sometimes with the defendant. A Drunk Driving Lawyer in Madison WI may bring the case before a judge if a DUI charge seems unreasonable under the circumstances.
For instance, the defendant might have left a bar and drove for a short distance before realizing he or she was too intoxicated to drive safely. Pulling over and taking a nap might have seemed like the best option. The lawyer might ask the court what this person should have done instead. A judge may agree that the driver acted prudently, although drinking too much at the bar was unwise.
However, the individual has admitted to driving while intoxicated. The best strategy in this case might be for the attorney to ask the judge for leniency in sentencing. The defendant will still be fined and have the driver’s license suspended, but jail time can be avoided.
Another case might go a different route if the person had not actually been driving at all. This individual might have left the bar, turned on the car to warm it up in the cold winter weather, then fell asleep until a police officer rapped on the window.
Occupational License
In addition to providing skilled defense, a lawyer from an organization like Gregory Wright Law Offices can also help the client apply for an occupational driver’s license. This allows the person to drive during certain times a day in certain areas. Visit Gregwrightlaw.com to learn more about this particular attorney.
