Posted on July 06, 2022 in DUI/OWI

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.

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 Posted on June 24, 2022 in Criminal Defense

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.

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 Posted on June 16, 2022 in Criminal Defense

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:

• Speeding 15 miles per hour or more over the speed limit

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 Posted on June 09, 2022 in DUI/OWI

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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 Posted on June 02, 2022 in Personal Injury

All users of the road run the risk of being in an accident and incurring an injury during any trip. With less protection than drivers of cars and trucks, motorcycle riders run a higher risk of serious injury and even death if they are involved in an accident. Given this risk, there are preventative actions that riders can take to avoid being in a motorcycle accident and to stay safe on the road.

Take a motorcycle safety course – Before you even head out on the road, it helps to know the ins and outs of riding a motorcycle safely. The Wisconsin Department of Transportation offers motorcycle safety courses through the Wisconsin Motorcycle Safety Program (WMSP) to earn a Class M motorcycle license. Participants in a course learn how to improve their riding skills and share the road with other vehicles.

Wear proper motorcycle gear – Wisconsin strongly recommends all motorcycle riders and passengers wear a helmet when riding. All riders and passengers under 18 are required to wear a helmet. Additionally, full protective gear including leather or heavy-duty clothing, boots, gloves, and eye protection is strongly encouraged. You should also make yourself more visible to other drivers by wearing high-visibility clothing, especially at night or in poor weather.

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 Posted on May 27, 2022 in Criminal Defense

Summer is around the corner and Wisconsin’s lakes and rivers will once again be filling up with boats. It is possible, even likely, that some of Wisconsin’s boat drivers will be filling up on beer, wine, and other alcoholic drinks. Wisconsin is one of the leading states for intoxicated boating and boating accidents. Alcohol plays a role in one out of every five accidents on the water. Before you get behind the controls of a boat, it is best to know the laws for intoxicated boating and what penalties you may face if caught.

Enjoy Summer, But Be Safe on the Water

For the operator of a private boat over the age of 21, the legal limit for blood alcohol content (BAC) is .08, just like for motor vehicles. For operators of commercial boats, the legal limit drops to a BAC of .04, matching that of commercial drivers. If your boat is stopped under suspicion of intoxicated boating, you may be subject to sobriety tests right on the boat. Law enforcement no longer waits to perform the tests until reaching dry land. Unlike motor vehicles, there is no open container law on a boat. This means your boat cannot be stopped simply for having alcohol aboard. In addition to alcohol, you may not operate a boat if you have any detectable level of a restricted controlled substance in your blood.

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 Posted on May 24, 2022 in Criminal Defense

For those with multiple traffic violations in Wisconsin, you run the risk of penalties beyond the normal accumulation of fines and license suspensions. Drivers who have racked up a qualifying number of violations over a five-year period will be declared a Habitual Traffic Offender and automatically lose their license for five years. The road to getting your license back is not easy, but working with the right attorney can help when you are facing this situation.

Wisconsin’s Tough Habitual Traffic Offender Law

To ensure public safety and protect other drivers and residents from those with a history of repeated traffic violations, Wisconsin has instituted a Habitual Traffic Offender law. Violations are tracked by the state’s Department of Motor Vehicles, and the law applies to traffic offenses by Wisconsin drivers both in the state and out of state. It also keeps track of residents of other states who have convictions in Wisconsin. To qualify as a Habitual Traffic Offender, a driver will have accumulated the following within a five-year period:

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 Posted on May 18, 2022 in Personal Injury

Being in a motor vehicle accident, especially if you are injured, can be a jarring experience. That experience can be made worse if the other driver does not stop. Wisconsin law requires drivers who know or believe they have caused a traffic accident to stop. If you do not have the other driver’s information, you may not know where to turn. By calling an experienced hit-and-run attorney, you can start to put the pieces back together and receive the compensation you deserve. 

Hit-and-Run Laws in Wisconsin

Under Wisconsin law, after a traffic accident you must stop, exchange information with the other driver, call the police if the accident is serious or caused an injury or death, and provide reasonable assistance to the driver and passengers in the other car. Failure to stop or meet the other requirements can open a driver up to civil and criminal consequences. 

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 Posted on May 10, 2022 in Criminal Defense

With warmer weather slowly returning to Wisconsin, more bicyclists and pedestrians will be out on local roads. Some drivers may not know the rights and responsibilities that bicyclists have as they are sharing the road with motor vehicles or the proper behavior for drivers around bicycles. Bicycles are considered vehicles and belong on the road. Here are some tips for safe driving when bikes are present and to avoid risking severe accidents and traffic violations.  

Wisconsin Rules of the Road for Bicycles and Motor Vehicles

• Bicyclists should generally ride on the right side of the road or traffic lane, except when passing slower traffic, going around objects such as parked cars or other hazards, preparing to make a left-hand turn, or when the road is too narrow to move farther to the right.

• Motor vehicles passing a bicyclist must maintain at least three feet of space between them and the bicycle. You are permitted to cross a double yellow line in order to keep this distance while passing a bike.  

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 Posted on April 28, 2022 in Criminal Defense

If you have been charged with any type of sex offense, your situation is incredibly serious. Having a sex offense on your record will impact almost every area of your life. Being on the sex offender registry closes a lot of doors. Opportunities that otherwise would have been available to you can disappear. Your reputation can be destroyed very quickly. You are also likely facing prison time - judges typically do not go easy on those being sentenced for sex crimes. Even after any judicial consequences are over with, being a sex offender can permanently alter the course of your life. The best thing you can do for yourself right now is to find an experienced criminal defense attorney. There are steps a lawyer can take to help you.

How Can Becoming a Sex Offender Affect My Life?

There are a lot of legal requirements that sex offenders have to abide by. There are also a lot of collateral consequences from a social perspective. Some ways that becoming a sex offender may affect you include:

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