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Can I Face OWI Charges if My BAC Is Below the Legal Limit in Wisconsin?
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.
Can I Challenge Field Sobriety Tests in a Wisconsin OWI Stop?
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?
4 Things You Should Know if You Are Arrested in Wisconsin
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:
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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.
What You Should Know About Wisconsin OWI Traffic Stops
Everyone knows that it is against the law to drive while you are under the influence of alcohol or drugs. Operating a vehicle while intoxicated in Wisconsin not only puts you at risk of being arrested for OWI, but it also puts everyone else on the road in danger. Statistics show that driving while impaired is not only dangerous but deadly. According to the latest data from the National Highway Traffic Safety Administration (NHTSA), there were nearly 11,000 deaths due to drunk driving in 2017, accounting for almost 30 percent of all traffic deaths. If you are ever stopped for the criminal offense of OWI, it is important to know the process in order to make sure your rights are protected.
What Are the Steps in an OWI Stop?
Police officers are trained to spot impaired driving and will usually have a pretty good idea if a person is driving under the influence or not. Being pulled over by the police is nerve-wracking for anyone, but getting stopped by police because they suspect you of drunk driving can be even more anxiety-inducing. Here are a few things to expect if you are pulled over for suspicion of OWI:
What Offenses Make You Ineligible to Own a Gun in Wisconsin?
The Second Amendment to the United States Constitution states that all American citizens have the right to “keep and bear arms.” While many people interpret that as being an inherent right, it is treated more like a privilege throughout the country. Gun ownership laws differ from state to state, but most states have set criteria or restrictions on who can legally own a firearm and how they can be possessed. Wisconsin is an "open carry" state, meaning it is legal to carry a firearm if you are legally allowed to possess it, and it is readily visible while you are carrying it. If you conceal the firearm, you must also possess a license to carry a concealed weapon. Even if you simply want to own a gun, certain offenses may prevent you from being able to legally possess a firearm in Wisconsin, which can lead to criminal charges. Potential reasons that you may be barred from owning a gun include:
When Is a Wisconsin OWI Charge Considered a Felony?
Compared to other states in the country, Wisconsin’s drunk driving or operating while intoxicated (OWI) laws are somewhat lenient. In Wisconsin, a first-time OWI offense is not subject to jail time; instead, it can result in a driver’s license suspension and a fine. Technically, a first-time OWI conviction is not a criminal offense; rather, it is a moving violation that carries a fine. Nevertheless, being charged with driving while you are under the influence of drugs or alcohol is a serious situation that can carry stiff penalties, especially if someone commits multiple offenses. Although Wisconsin OWI laws are less strict than many other states’ laws, you can still be charged with a felony OWI, depending on the circumstances.
Felony OWI Charges
In Wisconsin, an OWI charge does not become a felony until you commit your fourth offense. Prior to a fourth-offense OWI charge, you may still face jail time, including up to one year for a third OWI offense. Here are the ways you can be charged with a felony OWI in Wisconsin:
What Are the Penalties for Underage Drinking and Driving in Wisconsin?
In recent years, the number of teenagers and underage young adults who drink and drive has decreased. According to the Centers for Disease Control and Prevention (CDC), the total number of high school students who drink and drive has fallen by more than half since 1991. Though this number has gone down, in 2017, more than 16% of high school students reported that they had ridden with a driver who had been drinking alcohol. Underage drinking and driving is a serious issue, because teens are already three times more likely to get into a fatal accident than adults--and alcohol only exacerbates that statistic. In many states, underage drinking and driving penalties have become more strict, including in the state of Wisconsin, where it is referred to as operating while intoxicated (OWI).
Absolute Sobriety Law
Most states have a law stating that those who are under the age of 21 are not permitted to drive if they have alcohol in their systems. In Wisconsin, drivers who are under 21 years old are not permitted to have a BAC of more than 0.00 if they are operating a motor vehicle. This is called Wisconsin’s Absolute Sobriety or “Not a Drop” law. A violation of this law will result in a $200 fine, four demerit points on an individual’s driver’s license, and a three-month driver’s license suspension.
New Gun Laws Are Brewing in the Wisconsin Legislature
Gun laws have been a hot topic for lawmakers and other government officials for the past couple of years. According to the Gun Violence Archive, there have been 261 mass shootings (defined as incidents in which four or more people are shot or killed) in the United States so far in 2019. In the wake of the latest mass shootings in Texas and Ohio, which killed 22 and 10 people respectively, Wisconsin lawmakers have been discussing the possibility of new gun laws. The proposed legislation includes bills to make universal background checks a requirement, along with the implementation of red-flag laws.
Current Background Check Requirements
Federal law currently dictates that all people purchasing guns from licensed dealers must complete a background check. This does not include guns that are sold from person to person or guns that are purchased at gun shows. The new law proposing expanded background checks would require a background check to be completed for almost all gun sales or transfers, except for sales or transfers to a firearms dealer, law enforcement, or armed service agencies.
What Are My Rights During a DUI Traffic Stop in Wisconsin?
Getting pulled over by a police officer for any reason is an intimidating experience. When you are stopped because an officer suspects you may be driving while you are intoxicated, it can be even more nerve-wracking. Experiments have shown that most people will obey commands from law enforcement just because the police officer is wearing a uniform, but not every command from a police officer must be followed. In certain situations, you have the right to refuse commands, which can sometimes benefit the outcome of your case. It is important to understand your rights if you are pulled over on suspicion of operating a vehicle while intoxicated (OWI) in Wisconsin.
Right to Remain Silent
The United States Constitution states that all American citizens have the right against self-incrimination. This means you have the right to remain silent and not answer police questions when you are stopped for a traffic violation. One of the most common questions that officers ask when they stop someone is, “Do you know why I pulled you over?” If you answer yes to that question, you are basically admitting your guilt. The best thing to do is to reply to that question with, “No, officer, I do not know.”
Is a Wisconsin OWI Different When a Child Is in the Vehicle?
In recent years, police officers and lawmakers around the country have paid more attention to those who choose to operate a vehicle while under the influence of drugs or alcohol (OWI). Because of this, the number of deaths related to people who were driving under the influence (DUI) has decreased, but it still remains a problem. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 11,000 people killed in motor vehicle crashes involving alcohol impairment in 2017. Penalties for drunk driving vary by state but are serious no matter where you are. The penalties become even more strict if a child is in your automobile when you are caught driving under the influence.
Wisconsin OWI Penalties
If you are stopped on suspicion of operating a vehicle while under the influence in Wisconsin, you can be charged with OWI, whether or not your blood alcohol content (BAC) is .08 or more. For example, if you fail a field sobriety test (FST), and the officer determines you are intoxicated beyond a safe point to drive, you may be arrested and charged with drunk driving. As a first-time OWI offender, you can face a fine of $150 to $300 in addition to a $435 OWI surcharge, and your driver's license will be revoked for six to nine months. If your BAC is .15 or higher, you may be required to use an ignition interlock device or participate in a 24/7 sobriety program for one year.
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