Posted on December 20,2019 in Criminal Defense

Our founding fathers established certain requirements when it came to creating a new country and a new government. Many of those provisions dealt with the individual and collective freedoms of citizens of the United States. These rights were given to people through the U.S. Constitution and its amendments. Some of the most important rights to those accused of criminal offenses in this country are referred to as “Miranda rights” after the conclusion of the 1966 Supreme Court case, Arizona v. Miranda. This landmark case established the requirement that suspects must be informed of their rights, a protocol used by all police forces around the country.

What Are Miranda Rights?

Your Miranda rights are those rights that are guaranteed to you in the Fifth and Sixth Amendments to the U.S. Constitution. These include the right to remain silent, the right to an attorney, and the right against self-incrimination. The case Arizona v. Miranda established that all police officers are required to inform you of these rights. All police departments have a different variation of the text used, but it typically sounds something like this:

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 Posted on December 13,2019 in DUI/OWI

When it comes to drunk driving laws, Wisconsin is relatively lenient compared to other states. In fact, Wisconsin is the only state in the country in which a first-time DUI offense is merely a ticket, rather than a criminal charge. Even when a person reaches his or her second, third, or even fourth conviction of Operating While Intoxicated (OWI), the sentence typically does not involve jail time. Rather, probation is usually given to those offenders, even if their driving privileges were revoked. Jail time can be expected, however, if there are certain aggravating factors present in the situation to warrant a need for incarceration. Aggravating factors in a Wisconsin OWI case can include causing bodily harm or injury to another person, committing OWI with a child in the vehicle, or one of the most serious charges: homicide while committing OWI.

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 Posted on November 27,2019 in DUI/OWI

Thanksgiving is upon us, with Christmas following soon after. Holiday get-togethers are a time for family and friends to gather and spend time with one another. It is not uncommon for adults to drink alcohol during these festive gatherings, but drinking too much and getting behind the wheel can result in criminal charges for those who choose to do so. Holidays such as Thanksgiving and Christmas are notorious for having staggering statistics on DUI-related traffic accidents, many of which turn out to be deadly. According to the National Highway Traffic Safety Administration (NHTSA), more than 800 people died in alcohol-related car crashes during Thanksgiving holidays between 2013 and 2017. If you plan on drinking this holiday season, here are a few things you can do to prevent a serious and costly Wisconsin OWI charge:

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 Posted on November 21,2019 in DUI/OWI

When it comes to driving under the influence (DUI) laws in Wisconsin, things can get rather confusing. Wisconsin refers to the offense as Operating While Intoxicated (OWI). The state has some of the most lenient OWI laws in the country, especially for a first-time OWI offense. If you are convicted of OWI in Wisconsin, and you have no prior OWI convictions or arrests, you do not actually face a criminal charge; rather, you face a civil penalty or the equivalent of a traffic ticket. That can all change, however, if your first-time OWI charge involves the great bodily harm or death of another person.

OWI With Great Bodily Harm

Even if you have never before been convicted or arrested for drunk driving in Wisconsin, an OWI charge alleging that you caused great bodily harm to another person is a very serious charge with stiff penalties. You can face OWI charges with great bodily harm if your BAC was over 0.08, if you had a detectable amount of an illicit drug in your system, or even if an officer found you to be under the influence and impaired.

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 Posted on November 14,2019 in DUI/OWI

Getting into trouble with the law for any reason can be a particularly scary and anxiety-inducing experience. When you are accused of operating a vehicle while under the influence (OWI) of drugs or alcohol, this can be especially scary, because there are so many uncertainties that come with those charges. In Wisconsin, not only do you face expensive fines and surcharges for a first-time OWI offense, but your driver’s license can be suspended. Depending on the circumstances of your case, you could face serious criminal charges with harsh consequences. Below are a few of the most commonly asked questions about Wisconsin OWI charges:

Will I Lose My Driver’s License?

If you are arrested because an officer suspected that you were driving while intoxicated, you will be asked to submit to a chemical test so the officer can determine your blood alcohol content (BAC). If your BAC result shows that you are legally intoxicated, the officer will give you a Notice of Intent to Suspend, which is informing you that the Wisconsin Department of Transportation will suspend your driver’s license after 30 days. You can contest this suspension within 10 days of your arrest; otherwise, your license will automatically be suspended for at least six months.

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 Posted on October 31,2019 in DUI/OWI

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.

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 Posted on October 17,2019 in DUI/OWI

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?

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 Posted on October 10,2019 in Criminal Defense

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:

1. 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.

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 Posted on September 27,2019 in DUI/OWI

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:

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 Posted on September 20,2019 in Gun Violations

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:

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