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Recent Blog Posts
Factors That Can Increase the Severity of a Criminal Sentence in Wisconsin
If you have ever been arrested and charged with a crime, you probably know that there is a great deal of uncertainty that goes along with facing the Wisconsin criminal justice system. Each case is unique, as it is dependent on the specific circumstances of a given situation, but many cases tend to follow at least some similar patterns.
Starting with your initial charges, your criminal defense lawyer will develop a strategy for defending you, which might include going to trial or negotiating a plea deal. If you are found guilty or plead guilty in accordance with your plea agreement, the judge overseeing your case must decide on a sentence. Certain circumstantial factors could put you at risk for more serious penalties, and it is helpful to know what they are.
What Happens If I Refuse a Breathalyzer Test in Wisconsin?
Even if you have never had it happen to you, you probably have a pretty good idea about what it might feel like to be pulled over after having a few drinks. You see the flashing lights in your mirror, and your stomach drops. By the time the officer gets to your window, the nerves have probably started, but you want everything to go smoothly so you can get home without incident.
As you expect, the officer asks whether you have been drinking. You acknowledge that you did have a couple earlier in the night. Then, the officer asks you to take a breath test. Do you have the right to refuse?
What the Law Says
Under the law in Wisconsin, you give your “implied consent” to chemical testing for blood-alcohol concentration (BAC) by driving your vehicle on the highways and streets of the state. Specifically, you consent to such testing when requested by the officer in certain situations or when required by law.
Know the Law in Wisconsin Regarding Teens and “Sexting”
Smartphones have affected virtually every aspect of life in today’s increasingly connected world. It is easier than ever before to snap a quick photo and send it to family members, friends, and even potential romantic interests. When the photo is sexual in nature, however, and the person in the picture is legally a minor child, the individual who took the photo—and anyone who possesses it—could face criminal prosecution. Sometimes referred to as “sexting,” exchanging explicit photos might seem like no big deal for teens today, but this behavior can lead to extremely serious charges and criminal penalties.
Naked Photos Could Lead to Severe Consequences for Teens
Under Wisconsin law, it is illegal for anyone to create sexually explicit images—including taking nude photos—of any person under the age of 18. It is also against the law to possess such images or to distribute such images to anyone else.
What You Need to Know About Assault and Battery in Wisconsin
The way that certain words are used is perhaps the most confusing part of the law and the legal system at large. Often, a word’s legal definition is much different from the meaning it has in everyday use. This occurs because, in any legal application, words must be defined in a manner that can be clearly understood in a particular jurisdiction. Without intentionally and carefully defined terms, there would be a great deal of confusion among judges, lawyers, juries, law enforcement, and criminal defendants.
One of the clearest examples of a word being used differently in the law versus in casual conversation can be found in the word “assault.” You might be surprised to learn what the legal meaning of the word actually is—at least according to Wisconsin law.
What is the Legal Definition of Assault?
When you are involved in everyday conversation and you refer to an assault, you probably mean that an entity—a person, a gang, or even a military group—attacked another entity and inflicted violence. “That dude assaulted the girl before he ran off.” “The tactical operations team conducted a midnight assault on the suspected drug house.” Most of the time, people understand exactly what you mean.
How to Handle False Accusations of Domestic Violence
If you and your spouse or significant other have a hostile relationship, it is possible that he or she may falsely accuse you of domestic violence. Although legitimate instances of domestic violence are sadly common, not every accusation of abuse turns out to be true. Being accused of domestic violence can negatively affect a person’s ability to maintain employment, spend time with their children, and continue relationships with friends and family. False accusations of abuse can also seriously impact divorce proceedings. If you have been accused of domestic violence, there are some things you can do to help protect yourself.
Notify Family Members About What is Happening
If a person has brought unsubstantiated accusations of domestic violence against you, you may feel overwhelmed, angry, betrayed, and confused about how to respond. The most important step you can take at this point is to contact a domestic violence defense attorney. Next, do not wait for the person falsely accusing you to contact your friends and family. If he or she reaches them first, he or she may be able to turn your loved ones away from you. It can be embarrassing to admit to such a situation, but hiding it will not help your case. Reaching out to others can also be helpful in working through the emotional pain that false accusations of domestic violence cause.
Can Using Prescription Drugs Lead to OWI Charges in Wisconsin?
Most drivers understand that driving under the influence of alcohol or even recreational drugs can lead to Operating While Intoxicated (OWI) charges. However, there is less clarity when it comes to prescription drugs. Although many types of prescription drugs, including opioids, come with warnings against driving or operating heavy machinery after use, driving while under the influence of these drugs which can impair your ability to safely drive continues to occur. Given the serious charges which can result from an OWI conviction, it is essential to work with an experienced OWI defense attorney.
Field Sobriety Tests for Drugs
Wisconsin law prohibits operating a motor vehicle when under the influence of any controlled substance that renders a person unable to drive safely. For alcohol, this means having a blood alcohol content (BAC) of over .08 percent. The officer who stopped you can perform a breathalyzer test after you have been pulled over. With substances including marijuana, other drugs, and prescription medications, there is no equivalent field test. If the use of a substance other than alcohol is suspected, an additional officer may be called in. Some Wisconsin police officers are trained as drug recognition experts (DRE). The trained DRE will administer a series of tests to assess the subject. These tests include checking the subject’s pulse, examining their eye movements, performing tests to assess the subject’s level of attention, and testing vital signs, and other assessments.
Can I Refuse a Breath Test After Being Pulled Over For DUI?
For drivers who have been stopped under suspicion of Operating While Intoxicated (OWI), whether or not to take the breathalyzer test on the spot can be a difficult and confusing decision. Once a police officer pulls you over, they may already have a suspicion that you have been drinking alcohol or are under the influence of drugs. From the time they approach your vehicle, they will be looking for signs of intoxication, including the smell of alcohol on your breath, the clarity of your speech, your balance, and the appearance and motion of your eyes. You should learn what you should and should not do in this situation and know that it is always essential to call an OWI defense lawyer as soon as possible.
Field Tests Versus Tests at the Police Station
While Wisconsin is an implied consent state, meaning you have given consent to chemical testing when you obtained your driver’s license, that only applies after an arrest. You do not have to submit to any physical field sobriety tests or take a Preliminary Breath Test (PBT). You are not required to answer any of the officer’s questions but must produce your license when it is requested and exit your vehicle if instructed to do so. If you do choose to speak with the officer, you must tell the truth.
Can a Minor Be Charged with Drinking in a Bar?
While the legal drinking age in Wisconsin is 21, it is no secret that minors will break the law and consume alcohol. Many times, this drinking will be done at houses, parks, or other areas where the activity can occur discreetly. They may even try to drink at a bar or other establishment that serves alcohol with a fake ID. As a parent, it is best to know what the punishments for underage drinking and other juvenile crimes are, as well as the exceptions when underage drinking is allowed.
Penalties and Exceptions for Underage Drinking
If a minor is caught possessing or drinking alcohol and are between the ages of 17 and 20, they will face an underage drinking charge. Penalties for a first-time underage drinking conviction can include $250 to $500 in fines, a driver’s license suspension of between 30 and 90 days, and participating in community service work or another supervised work program. Minors under the age of 17 will face similar penalties, but will be charged as a juvenile. For both underage and juvenile offenders, trying to purchase alcohol with a fake ID will also result in fines, driver’s license suspension, and community service. Penalties for both underage and juvenile offenders increase with each subsequent conviction. Enrollment in a court-approved alcohol abuse education program may also be part of the sentence for any of the charges.
Commercial Driver’s License Holders Risk Livelihood With Violations
Holding a Commercial Driver’s License (CDL) can increase your likelihood of getting and keeping a job. CDL holders undergo special training and must pass additional tests to qualify for various commercial endorsements on their license, including for hazardous materials, tanker vehicles, passenger buses, school buses, and double and triple trailers. To stay employed as a commercial driver, you must maintain your license. However, some violations will put your CDL at risk, whether you or driving a commercial vehicle or even your private vehicle.
CDL Violations and Penalties in Wisconsin
Some traffic violations may not lead to a CDL disqualification after the first offense but have cumulative effects with additional violations. These include:
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Speeding 15 miles per hour or more over the speed limit
Stay Safe on Wisconsin Roads This Summer
Whether you are taking a cross country road trip, a weekend getaway, or just on your regular commute to work, the roads during the summer season present the risk of accidents and the resulting injuries. Car accidents, speeding and reckless driving, and operating while intoxicated all carry the risk of criminal charges. By taking steps to drive safely, you and your family can enjoy the drive and have a fun summer.
Avoid Traffic Violations in Wisconsin
By driving safely, planning ahead, and maintaining your vehicle, you can help to prevent potentially dangerous situations. Here are some tips to staying safe on the roads.
Drive safely – It is good advice throughout the years to slow down, obey the speed limit and traffic signals, and watch out for other drivers on the road. Limit the distraction in the car while you are driving so you can concentrate on the road and the vehicles around you. Construction zones are more common during the summer too, and they can present dangers such as narrow lanes, reduced speeds, construction workers, and slow-moving construction vehicles. Failure to follow the rules of the road can lead to speeding and reckless driving charges, and in more serious cases felony use of a motor vehicle or even homicide charges involving the use of a motor vehicle.
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