How to Plea in Court for a DUI in Wisconsin
In Wisconsin, prosecutors generally avoid taking first time misdemeanor DUI cases to trial. Defendants can benefit from this as a plea of not guilty will often result in a plea bargain from the DA. The opportunity to plea to a lesser charge will benefit both you as the defendant and the State of Wisconsin, who will have a guaranteed conviction.
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Instructions
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Plead not guilty at arraignment, which is your first court date. You do not need a lawyer at this stage.
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Sign documents in front of the judge and receive paperwork about a pretrial hearing. Note the date of your pretrial hearing.
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Attend your pretrial hearing. If you qualify for a public defender, this will be your first time speaking with them. Your defense attorney will present you with the plea agreement that the prosecution has presented.
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Take the plea deal or instruct your lawyer to negotiate better terms. If you take the plea deal at your pretrial hearing you can do so in front of a judge and receive your sentence. Sign paperwork, tell the judge you are not under the influence of alcohol or drugs, and pay any applicable fines.
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Set a date for a trial if you instruct your lawyer to negotiate better terms. A date will be set but you may plea at anytime before the trial begins. Wait for your defense lawyer to contact you about the new plea terms.
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If they are offered, take the new plea terms. Arrive at court be sure you tell the judge you are not under the influence and sign paperwork. Set up payment for fines with the court's clerk.
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Tips & Warnings
You may hire a defense attorney to represent you at any time during this process.
If you do not accept the first plea deal offered, you should be aware that prosecutor may withdraw the plea, forcing you to go to trial for DUI and face maximum sentencing.
References
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