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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.
What Is Mandatory Minimum Sentencing for Firearms Charges in Wisconsin?
In today’s world, it seems as if we are seeing a news story every other day about how a person has used a firearm to commit atrocious crimes. Because of this, more local and state laws are being passed in order to change existing gun laws and make them more strict. Wisconsin has a long history of being a pro-gun state, but in recent years, it has also strengthened its gun laws. In certain situations, there are mandatory minimums when it comes to sentencing for some gun crimes. These mandatory minimums are typically only required for a felony or repeat offender, but they can greatly affect the outcome of a firearms violation case.
Possession of a Firearm
According to Wisconsin law, anyone who has been convicted of a prior felony is not permitted to possess a firearm. If he or she is caught in possession of a firearm, he or she will be charged with a Class G felony, which carries possible penalties of up to 10 years in prison, up to $25,000 in fines, or a combination of both.
What Constitutes Reckless Driving in Wisconsin?
Holding a driver’s license is a privilege that many people take for granted. When you receive a driver’s license, you agree to multiple things, perhaps the most important being that you will operate your vehicle in a safe and responsible manner. Risky driving and/or breaking Wisconsin traffic laws can lead to serious reckless driving charges. As is the case for many states, the definition of reckless driving can encompass a variety of actions and behaviors on the road.
Reckless Driving Definition
When it comes to reckless driving, the Wisconsin laws can be somewhat open to interpretation due to the many actions that could lead to this charge. At its base, reckless driving in Wisconsin constitutes any behavior that endangers the safety of any other people or property through the negligent use of a vehicle. Further, the law states that “no person may cause bodily harm to another by the negligent operation of a vehicle,” meaning that reckless driving charges may apply whether or not a driver's negligence led to actual harm.
Tips to Prevent an OWI Charge in Wisconsin
Drinking alcohol is a large part of American culture, especially for younger people. Not surprisingly, those age groups are also the ones who are at a higher risk of being involved in drunk driving accidents. According to the latest data from the National Highway Traffic Safety Administration (NHTSA), nearly 11,000 people died in alcohol-related traffic crashes in 2017. The NHTSA also states that the most effective way of stopping drunk driving accidents is through preventing them from occurring in the first place. Here are a few tips that you can use to make sure you do not find yourself being charged with Operating While Intoxicated (OWI) in Wisconsin:
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Make sure you have a designated driver. Before you even leave for the night, you should make sure you have a designated driver in place. This person should agree not to drink alcohol and promise to drive everyone home at the end of the night.
What Are the Consequences for Boating Under the Influence in Wisconsin?
With summer comes the welcome of warm weather, and people typically like to spend more time outside. For many Wisconsin residents, boating is a fun outdoor pastime. What some people may not know is that many of the same restrictions that are placed on drivers regarding drugs or alcohol are also true for boat operators. Thus, who are boating while under the influence can be charged with Operating While Intoxicated (OWI). Even though relaxing on the water with a drink in hand may seem like a perfect summer day, it can pose serious consequences for those who are not responsible about it.
Wisconsin OWI Laws
Laws are very similar when it comes to the legal operation of motor vehicles and watercraft in Wisconsin. You are not permitted to have a blood alcohol concentration (BAC) of .08 or more when you are operating a motor vehicle or a boat. For the first offense, you could be fined up to $500. A second offense carries up to $1,000 in fines, in addition to possible jail time. A third offense results in up to $2,000 in fines and 30 days to one year in jail. You will also be required to complete a boating safety course and obtain a certificate of completion.
Options After a Third or Fourth Wisconsin OWI: Alcohol Treatment Court
Wisconsin is the only state in the country that does not treat a first offense of operating a vehicle while intoxicated (OWI) as a criminal offense. Currently, it treats a first-time OWI as a traffic violation, although some lawmakers and citizens are currently trying to change that.
With multiple OWIs, you can face harsh penalties, such as incarceration, long-term driver’s license suspension, and heavy fines. One option available to third- or fourth-time OWI offenders is Wisconsin’s Alcohol Treatment Court.
What is Alcohol Treatment Court?
This program is similar to drug court programs in that it aims to break the cycle of drinking and driving and help offenders improve their chances at a sober and healthy life. The program lasts for a minimum of one year, but it often exceeds that depending on the person’s needs. The program consists of four phases that involve elements such as:
What are Common Defenses to Wisconsin DUI Charges?
Wisconsin police law enforcement and the courts do not take OWI charges lightly. In the state of Wisconsin, even a first offense of operating a vehicle while intoxicated can result in a fine of up to $300, a $435 OWI surcharge, a six- to nine-month driver’s license revocation, and a significant mark on your criminal record.
In recent years, Wisconsin lawmakers have pushed to make consequences for first-time OWI offenses more strict, although lawmakers typically punish OWI charges to the fullest extent of the law. However, there are certain elements a strong DUI defense can focus on to help mitigate the consequences.
What a DUI Prosecutor Must Prove
In criminal cases, the burden of proof lies with the prosecutor, hence the saying, “innocent until proven guilty.” The prosecutor must prove that you were operating a motor vehicle and that you were, in fact, under the influence of alcohol or drugs at the time you were operating the vehicle.
How to Reinstate Your Wisconsin Driver’s License After an OWI
Throughout the United States, the general trend for DUI arrests and convictions has been a good one — for the past couple of years, the number of DUI arrests and convictions has been decreasing. Despite this, operating a vehicle while intoxicated is still a big issue in Wisconsin. One of the ways states have tried to prevent DUIs is by placing a suspension or revocation on the offender’s driver’s licenses.
While this has been effective in lowering DUI rates, it can greatly affect someone’s life who is arrested for OWI, including their ability to earn a living and complete household duties. Getting your driving privileges back can also be a long and tedious process, and one best navigated by a driver’s license reinstatement attorney.
License Reinstatement Eligibility
First, you need to determine whether you are eligible to reinstate your driver’s license. The length of time a suspension or revocation lasts depends mostly on the specific OWI offense that you were charged with and whether the reason your license was suspended or revoked was because of a first, second or subsequent offense. First-time offenders face a six to nine-month revocation, while other convictions can result in upwards of two to three years of revocation.
Theft, Robbery, and Burglary Charges in Wisconsin
Because they are often used interchangeably in conversation, many people think theft, robbery, and burglary are all the same thing. They are actually three rather different charges with various levels of consequences. If you are charged with theft, robbery or burglary, it is important to understand the potential punishments you face for a conviction and to secure experienced legal representation as soon as possible.
Theft Charges
According to Wisconsin law, theft occurs when you intentionally take and use, transfer, conceal, or retain possession of moveable property without the owner’s consent and with the intention of permanently depriving them of that property. Like most states’ theft laws, the punishments for theft in Wisconsin largely depend on the value of the property taken. If the value is not more than $2,500, the charge is a Class A misdemeanor, which carries up to nine months in prison and $10,000 in fines. Penalties for stolen property valued at $2,500 or more can be classified as anywhere from a Class I felony to a Class F felony. This means you could face anywhere from three to 12 years in prison and fines between $10,000 and $25,000.
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