Getting into trouble with the law for any reason can be a particularly scary and anxiety-inducing experience. When you are accused of operating a vehicle while under the influence (OWI) of drugs or alcohol, this can be especially scary, because there are so many uncertainties that come with those charges. In Wisconsin, not only do you face expensive fines and surcharges for a first-time OWI offense, but your driver’s license can be suspended. Depending on the circumstances of your case, you could face serious criminal charges with harsh consequences. Below are a few of the most commonly asked questions about Wisconsin OWI charges:

Will I Lose My Driver’s License?

If you are arrested because an officer suspected that you were driving while intoxicated, you will be asked to submit to a chemical test so the officer can determine your blood alcohol content (BAC). If your BAC result shows that you are legally intoxicated, the officer will give you a Notice of Intent to Suspend, which is informing you that the Wisconsin Department of Transportation will suspend your driver’s license after 30 days. You can contest this suspension within 10 days of your arrest; otherwise, your license will automatically be suspended for at least six months.

The winter holiday season is well on its way, but this can be a difficult time of year for some people, especially if they have just gone through or are currently going through a divorce. Your first Christmas after your divorce can be one of the toughest periods you will experience, especially if you have children. Everyone wants their children to have a happy and cheerful upbringing with fond childhood memories, but that can seem like a pipe dream when you are in the midst of a divorce. It is important to remember that just because your first holiday after a divorce may not seem very festive, it does get easier. Here are a few tips to help you celebrate the holidays amidst and after your divorce:

Rethink Your Mindset

It can be saddening to think that your whole family will not be together for the holidays any longer, but that does not mean you cannot have a good time. Even if you do not see your children on specific holidays, you can still make the day meaningful. For example, if you are alone on Thanksgiving, consider volunteering at a soup kitchen to make someone else’s day better. Having a nice holiday is all about how you look at it.

It is generally known that if an individual has a Blood Alcohol Content (BAC) of .08 percent or higher, he or she is legally intoxicated. Throughout the United States, a .08 BAC is designated as the legal threshold for drunk driving, although each state may enforce its own laws to prohibit driving under the influence. In Wisconsin, a motorist may be arrested for Operating While Intoxicated (OWI) regardless of his or her BAC. If you or a loved one has been arrested for an OWI charge, it is important to immediately seek help from an experienced criminal defense attorney regardless of your circumstances.   

Determining if a Driver Is Impaired 

Operating a motor vehicle under the influence of drugs or alcohol is illegal in Wisconsin for drivers of any age. To be considered “under the influence,” a driver’s ability to operate a motor vehicle must be impaired. In order to reach this conclusion, a police officer may ask you to participate in field sobriety tests if he or she suspects you are intoxicated. Although these tests may be politely declined, not participating may give an officer probable cause to arrest you. This means that if an officer stops you, and he or she believes that you are impaired by alcohol or drugs, you can be arrested and prosecuted for OWI, even without your BAC even being tested.

When you are stopped by a police officer it is because he or she believes that you have been driving while under the influence of drugs or alcohol, it can be a daunting experience. If the officer already suspects that you are intoxicated before you are even pulled over, the entire interaction will be to determine whether or not there is sufficient evidence to place you under arrest for OWI. Once the officer approaches you, he or she will be using his or her senses to determine whether or not you are impaired. The officer will be looking for bloodshot eyes, unsteady hand movements, slurred speech, unusual statements, and the smell of alcohol or other drugs. He or she will likely ask you to step out of the vehicle to complete field sobriety testing, which will be used to establish probable cause for an arrest. But how accurate are those tests, and can the results be challenged?

What Is a Field Sobriety Test?

Field sobriety tests are conducted during a traffic stop to determine whether or not a person who is driving is under the influence of alcohol or other drugs. There are many different types of field sobriety tests, but there are only three different standardized field sobriety tests. These include:

Most of the time, the only contact people have with police are interactions that take place when police believe an individual has done something illegal. Because of this, people tend to have a somewhat fearful reaction to law enforcement. Even if you did not do anything wrong, being approached by a police officer can often elicit fear or anxiety. If you are stopped by police or arrested for a crime, there are certain things you should not do, and there are certain ways you should behave to avoid any further trouble. It is important that you understand your rights as a citizen if you are ever arrested for a crime. The following are a few things you should know if you are arrested in Wisconsin:

1. You should never try to resist a police officer who is attempting to perform an arrest. If you do resist a police officer, you can actually be charged with a crime, and you may also end up having to pay fines. If you are detained by a police officer, you are permitted to ask if you are free to go. If the officer says you are not free to go, that means you are being arrested, and you must comply. Doing so can save you a lot of headaches and legal trouble in the future.

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