Q&A with Tracey Wood, prominent Wisconsin defense attorney

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Meet Tracey Wood, a celebrated defense attorney in Wisconsin. She is widely known for defending people accused of drunk driving, and served on the board of regents for the National College for DUI defense — the first-ever Wisconsin attorney, and woman, appointed to the board. Wood tells Curb about why she is drawn to criminal defense and how being a woman, and mother, affects her work.

Why did you choose to be a defense attorney?
I took a couple clinicals in law school where [in] one, I ended up representing people in prisons and another one where I did defense work; I thought it’d be fun. I actually won my first trial, I assisted with the supervision of a public defender in a big case and just loved it. I loved the trial work. I decided I didn’t care if I was prosecutor or defense attorney, but I wanted to do trial work, [and with] criminal defenses, you get more trials.

Are there cases you prefer over others?
The drunk driving I like just because over the years I’ve gotten pretty good at it, and I’m known for that so it’s easier for me in a sense now … I like it because its the kind of thing where everybody, they think that it’s a done deal, and in those cases you should just plea and there’s no defenses — and it’s not true. There’s a lot of [defenses] — there’s problems with the machines that tests these things, there’s a lot of areas of defense.

Although truth be told, a lot of these people end up pleading, we take plea agreements, and we get people treated, and there’s a lot of good that comes out of that… Not everybody…has a problem, but a lot of them do — they should probably get treatment, and that’s the best way to keep our streets safe from other drunk drivers.

What is your success rate for drunk driving cases?
The ones I go to trial on, it’s been about 50/50. But most cases don’t go to trial, so it’s hard to really say that. Most cases end up with a plea bargain that’s acceptable to both sides — so 50/50 in trial, but I would say 90 percent of cases are settlement cases…I want to make sure if they do any sort of incarceration, hopefully it’s on bracelet so they can take care of their family, they can go to work, that kind of thing — and get their treatment.

What characteristics of a case, like an OWI, make you more interested to defend a client?
I represent all kinds of cases, and that. But there are some interesting issues… one thing that sticks out to me is if somebody has — do you know what GERD is?…It’s Gastroesophageal Reflux Disorder. If someone is on Prilosec, for example, that actually can raise the [breathalyzer reading]… You have alcohol-rich vapors coming from the stomach, and that person is coming out higher than what they actually are…

I like the scientific defenses. I like “how is blood testing analysis done,” “how is that machine working,”  “how is the breath testing analysis?” I like that stuff.

What are the typical characteristics of an OWI?
The vast majority are people who are stopped for speeding, something like that, or a taillight being out. Some are accidents, and we get a certain number of accidents with injuries, every once in awhile it’s a homicide case, and those are the ones I hate. Nobody likes those cases — they’re horrible cases for all sides.

How do you feel when approached by a potential client with such a tragic case?
I don’t like taking them. They’re hard on me. I tend to go with the little [cases], because I don’t like dealing with the pain. I have kids too, but sometimes … you feel bad for the person who had it happen, the defendant.

What makes Wisconsin’s OWI laws different than other states?
The one thing: Wisconsin is the only state in the country that has a civil first offense, so it’s not criminal the first time you get charged here. So I think people look at that as, “Wisconsin is easier on drunk driving.”

How does being a woman and a mother affect the way you practice law?
It was really hard in the beginning … I remember I was pregnant with my first child and I had to come back after six weeks and it was horrible. But by the time I had my second baby, I was a partner and what are they going to do, fire me? Now I changed my schedule. Unless I’m in trial, I only work three days a week … On Fridays, I help out at my daughter’s school. I love it, but you have get to the point where you’re able to do that — that’s what’s so hard, being a woman … This business is hard to be in when you’re a young person and you’re just starting your family, but now it’s the best job in the world.

Does having children of your own change the way you feel about some cases?
There are some cases that make me more squeamish and I don’t really want to deal with them. I’m a lot pickier now on who I represent. I also find that if I have younger defendants, I gravitate toward them and I want to help them more … I like representing teenagers, early twenties — then I feel like there’s some hope.

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