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What to Know About Refusing a Breathalyzer Test in Wisconsin
It is a nightmare scenario for most people: getting pulled over after having several drinks. Suddenly, you see the flashing lights in your rearview mirror, and your stomach drops. You think, “What should I do if the police officer asks me if I have been drinking? Or worse, to take a breathalyzer test?” There are essential things to know if you are ever in this situation.
You may be surprised to learn that you have more rights than you think. However, you will need to proceed with caution because anything you say or do could be used in building a DUI case against you. So let us look at some of the relevant details before you decide whether to take or refuse a breathalyzer test.
What Does the Law Say?
In Wisconsin, there is something called “implied consent” to testing for blood-alcohol-concentration (BAC) for simply driving a car on a highway or street in Wisconsin. Accordingly, you consent to chemical testing when an officer in a particular situation requests you or when you are required to do so.
What To Do If You Receive A Traffic Ticket In Wisconsin
Receiving a traffic ticket can be a stressful and intimidating experience. It is important to understand your options and rights so you can make an informed decision about how to proceed. Knowing what steps to take when you experience a traffic law violation can make all the difference.
Steps To Take Immediately After Receiving A Traffic Ticket
Remain calm and gather all necessary documentation. This includes the traffic ticket itself and any proof of insurance you may have.
Determine the deadline for responding to the ticket. This information should be provided on the ticket itself. It is important to respond by the deadline in order to avoid additional penalties or consequences.
Consider consulting with an attorney who can help you navigate the process more efficiently. They know the law and can advise you on the best course of action.
What Are the Penalties for Getting an OWI with a Child in the Car?
Because of the number of serious and fatal car crashes that occur when people drive drunk, Wisconsin takes cases of operating while intoxicated (OWI) very seriously. The penalties imposed by the state can be very harsh and with this one mistake, you may jeopardize your future in numerous ways.
Getting an OWI with a minor in the car leads to even more serious consequences (although it is important to note that, for OWI purposes, a minor is someone under 16, not 18, years old). If you are facing charges of an OWI with a child in your vehicle, get help right away from a Wisconsin criminal defense attorney.
Will I Go to Jail for Getting an OWI with a Minor in the Car?
This depends on a number of factors; while most first-time OWI convictions are civil cases, having a minor in your vehicle can be charged as a criminal offense. You could receive up to six months in jail, a long-term license revocation (up to three years), expensive fines, and a requirement to have an Ignition Interlock Device (IID) in your vehicle if and when your driver’s license is reinstated. If this is not your first-time OWI, you face serious felony charges, including up to $50,000 in fines, up to 15 years in prison, and a driver’s license revocation that lasts for years after your prison sentence ends or which may even be permanent. With a minor in the car, fines increase to $100,000 and up to 30 years in jail is possible.
How Can a Criminal Defense Attorney Help with a Homicide Case?
Often seen as the worst crime a person can commit, homicide, or murder, brings serious legal consequences. People accused of homicide often fear that they have no option but to take a plea deal or plead guilty even without a plea deal, simply because the odds seem so stacked against them. Prosecutors are all too eager to put someone behind bars for murder, and they often overlook whether the evidence justifies punishing someone - especially if they are targeting the wrong suspect.
If you are being investigated for or have been charged with homicide of any kind in Wisconsin, there are legitimate defenses against charges of homicide, whether you are the one who committed the crime or not. You deserve the best criminal defense from an attorney with a proven success rate and a commitment to your rights. Read on to learn more about potential defenses against homicide charges and then contact Bucher Law Group, LLC right away.
Which Crimes Make You a Sex Offender in Wisconsin?
With most crimes, a convicted individual goes to jail, pays his fees, completes community service, and then, having paid his debt, is able to move on with his life. Sex crimes are different. Despite having already served time and made amends for wrongdoings, people accused of sex crimes are placed on a sex offender registry that essentially exposes them to lifetime consequences for acts that may have happened many years past.
If you have been accused of a sex crime or any crime that was sexually motivated, you may face conviction and a lifetime registry on the Wisconsin sex offender’s list. Taking the charges against you seriously is essential for putting together an effective defense strategy. Read through this list to discover whether you are at risk of permanent sex offender registration and then contact a Wisconsin criminal defense attorney right away.
When Does it Make Sense to Fight a Traffic Violation?
People get traffic tickets all the time, and usually, they just pay them without thinking carefully about how the consequences of a ticket on their record could affect them in the future. But if this happens to you, it is often worth your while to think twice before simply paying the ticket; first, because you might be surprised by how easy it is to fight and beat a traffic violation; and second, because the consequences of a violation on your record may be more serious than you think. If you have been charged with a traffic violation, talk to a Wisconsin traffic violation attorney before using your hard-earned money to pay that ticket. Here are four good reasons why you should contest a traffic violation.
You May Be Able to Get a Better Deal
Depending on the seriousness of the charges against you, you may want to explore options like pleading to a lesser offense. For example, reckless driving is not set at a certain speed in Wisconsin; rather, if an officer subjectively believes you were driving dangerously given the conditions, you could face serious fees and even prison time. Contesting a ticket may allow you to plead to a lesser offense or get the charges dropped altogether.
Can I Represent Myself in a Criminal Case?
Many people who are accused of crimes wonder whether they can represent themselves in court. There are many reasons for this, including a lack of the ability to pay for a criminal defense attorney, a lack of trust in the public defenders, or a desire to rely on one’s own independence and understanding of the law. While any of these options may be tempting, ultimately representing yourself in a criminal case is a seriously risky endeavor. If you are considering being your own defense attorney, read this before you make the decision to represent yourself and go to court, potentially negatively impacting your life for many years.
Am I Qualified to Represent Myself in Criminal Court?
The Constitution of the United States of America protects every American citizen’s right to represent themselves in court. However, the Constitution recognizes that this is such a difficult endeavor that it also protects each person’s right to have a public defender appointed to them if they cannot pay for one themselves. Furthermore, a judge is required to make sure that a defendant is intellectually competent of understanding what it means to represent themselves, including the ability to read and understand the law.
Is it Always a Good Idea to Take a Plea Deal?
People who are accused of crimes very often feel threatened by police, investigators, and prosecutors who are eager to secure a conviction and who may not necessarily care whether the person they are accusing is, in fact, responsible for the crime. Investigators may try to pressure someone into answering questions without their attorney present, and prosecutors may give the impression that they have enough evidence to secure a conviction, whether they really do or not.
That being said, when the evidence suggesting the accused is guilty is overwhelming, especially if the accused has a long criminal history, taking a plea bargain can be a good way to minimize fines, time in jail, and the charges that will go on his record. The only way to know for sure whether taking a plea deal is a good idea is by first meeting with an experienced Wisconsin criminal defense attorney.
What Are the Benefits of Taking a Plea Bargain?
Can I Be Charged with Eluding the Police if I Did Not See Them Behind Me?
When you get your driver’s license in Wisconsin, you agree to follow the rules of the road and that includes commands and directions given by a police officer. If you approach a stop sign, you must stop. If a police officer asks you to get out of your car, you must do so. And most people know that trying to escape from a pursuing police officer can get you in big trouble. But what if you are listening to loud music on a sunny day and do not see the lights or hear the siren? What if you were getting pulled over in a notoriously unsafe place? If you have been charged with fleeing/eluding a police officer, contact a criminal defense attorney right away.
Fleeing/Eluding Police Officers Is a Class I Felonies in Wisconsin
If a driver does not pull over after a police officer gives the driver an audio or visual signal to do so, the driver could be charged with fleeing/eluding a police officer. Charges for fleeing/eluding a police officer are usually brought after someone tries to get away from a police officer by engaging in a risky high-speed chase, or by trying to hide.
Are Criminal Charges Possible for Reckless Driving in Wisconsin?
In the state of Wisconsin, reckless driving can be prosecuted as a criminal offense. It is defined as operating a vehicle in a careless or negligent manner, which endangers the safety of others. If you are convicted of reckless driving, you could face significant penalties, including fines and possible jail. In this blog post, we will discuss what reckless driving is, the penalties for a conviction, and some defenses to consider if you are charged with this crime.
Understanding the Offense of Reckless Driving
Reckless driving is prohibited by Wisconsin Statute 346.62, which provides that "No person may endanger the safety of any person or property by the negligent operation of a vehicle." In order to be convicted of reckless driving, the prosecution must prove that you were operating your vehicle in a manner that showed a disregard for the safety of others. This can be proven through circumstantial evidence, such as the way you were driving, what you said to the police, or even your demeanor at the time of your arrest.
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