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Recent Blog Posts
What Happens if I Am Arrested for OWI With A Minor Passenger?
According to the National Highway Traffic Safety Administration (NHTSA), passengers account for nearly 30 percent of fatalities in accidents involving drunk driving. While an adult may knowingly make the decision to get in a car with an intoxicated driver, children often have little choice in the matter. For this reason, OWI with a passenger under the age of 16 is a very serious offense in Wisconsin, and you should be aware of the potential consequences if you or someone you know has been arrested for this crime.
Penalties for OWI With a Child in Wisconsin
In general, the possible penalties for an OWI conviction in Wisconsin vary depending on the number of prior convictions on the offender’s record and the harm the offense has caused to other people. For example, a first offense typically results in only a fine of $150 to $300 and a revoked driver’s license for 6-9 months, whereas a fourth or subsequent offense, or one resulting in great bodily harm or death, can result in serious felony charges, with penalties that can amount to up to $100,000 in fines, up to 40 years in prison, and a revoked license for 5 years beyond the confinement sentence in the most serious cases.
Can I Pursue Compensation for Injuries from Domestic Violence?
Domestic violence is a serious issue in Wisconsin, with nearly 30,000 incidents reported to law enforcement each year. Many of these incidents result in criminal convictions for charges ranging from misdemeanor battery to Class A felony murder, but these convictions may offer little comfort to abuse survivors who are left to cope with injuries and their lasting effects. If you have been the victim of domestic abuse, you may need an attorney who can help you pursue compensation through a victimology claim in civil court.
How to Pursue a Civil Lawsuit Against an Abuser in Wisconsin
A victimology lawsuit is similar in some ways to a personal injury lawsuit you might file after a car accident. You will need to prepare evidence to demonstrate to the court that your injuries were caused by the actions of another person and that you have incurred significant damages and expenses as a result. In order to present a strong case for full compensation, you should also keep a record of all damages related to your injuries, including medical expenses, lost wages, emotional distress, in addition to pain and suffering.
Reducing Your OWI Sentence With the Wisconsin Safe Streets Option
Drunk driving is taken seriously in the United States, with harsh penalties for a conviction. A conviction for operating while intoxicated (OWI) can result in serious consequences with long-term implications, especially if you already have a prior conviction. In Wisconsin, second-time offenders can face up to six months in jail, over $1,000 in fines, and a revoked driver’s license for up to 18 months, and the penalties only grow for additional offenses. However, even if you are convicted for a repeat offense, you may be able to reduce your sentence through Wisconsin’s Safe Streets option.
What Is Wisconsin’s Safe Streets Option?
The Safe Streets option is available in several Wisconsin counties, including Waukesha, Milwaukee, Jefferson, Walworth, Dodge, and Racine. Its purpose is to help non-violent offenders with alcohol and drug issues achieve sobriety by offering reduced jail sentences for those who successfully complete an alcohol or drug treatment program as part of their probation. The Safe Streets option can only be used once in a person’s lifetime, but it can make a significant difference if you are facing conviction for one of the following offenses:
When Is it Legal to Openly Carry a Gun in Wisconsin?
The Second Amendment to The Constitution grants United States citizens the right to keep and bear arms. After recent events in Kenosha, questions about Wisconsin’s gun laws are in the national spotlight. Now, as always, it is important for Wisconsin gun owners to have a strong understanding of the state’s weapons laws, especially those regarding open carry, so you can exercise your rights legally and safely.
Understanding Wisconsin’s Open Carry Laws
Wisconsin allows most adults to purchase firearms without the need for a special license, and to openly carry loaded or unloaded guns that have been legally purchased in most public areas. This protects responsible gun owners from facing criminal charges in a wide range of scenarios and promotes their ability to exercise their Second Amendment rights. However, there are some situations in which openly carrying a gun may result in criminal charges, including:
Pursuing Compensation After a Wisconsin Distracted Driving Accident
You may not always think of distracted driving as being dangerous in the same way as drunk driving, but it can often be just as deadly. The National Highway Traffic Safety Administration (NHTSA) reports that over 400,000 people are injured and almost 3,000 are killed each year in accidents involving distracted drivers. If you are a Wisconsin motorist who has been involved in a distracted driving accident, you need to know your options for pursuing compensation from the liable party through a personal injury claim.
Causes of Distracted Driving in Wisconsin
Cell phone use, especially texting, is perhaps the most prominent example of a distraction that leads to unsafe driving, but many other behaviors can also cause drivers to remove their eyes and attention from the road for several seconds or more, during which time an accident may occur. Some examples of these negligent actions include:
What Are the Consequences for a First-Time OWI Offense in Wisconsin?
Drunk driving is a threat to everyone on Wisconsin’s roads, resulting in over 5,000 car accidents each year and over 30 percent of the state’s annual car accident fatalities. For this reason, Wisconsin treats operating while intoxicated (OWI) as a serious criminal offense, with possible penalties including 10 years or more in prison and thousands of dollars in fines. However, first-time offenders in Wisconsin usually do not face criminal charges, and are therefore unlikely to see the full extent of these penalties. With the help of a skilled criminal defense attorney, you can work to ensure a fair outcome for your case, allowing you to reform your behavior without an excessive negative impact on your life.
How Does Wisconsin Define Operating While Intoxicated?
A person over the age of 21 can be arrested for OWI if he or she is found to have a blood alcohol concentration (BAC) of at least 0.08 percent, as determined by a blood or breath test at the time of the traffic stop. However, even if your BAC is below 0.08, an officer may arrest you if he or she has reason to believe that alcohol or any other drug is impairing your ability to drive safely.
Precautions to Take When Exercising Open Carry Rights in Wisconsin
The topic of gun control in the United States is often debated between those people who want stricter legislation and those citizens who want to protect their constitutional rights. In Wisconsin, legal gun owners are allowed to openly carry a loaded firearm in most public places without a special license. However, anyone exercising their Second Amendment right to bear arms should be aware that there are certain public areas in which Wisconsin does not permit the open carry of guns. It is important to be aware of the laws in order to avoid weapons violations that may lead to criminal charges.
Exceptions to Wisconsin’s Open Carry Law
In the interest of public safety, Wisconsin law specifies some public locations in which the open carry of a firearm is not permitted. These places include:
Do the Penalties Change Depending on Your BAC for a Wisconsin OWI?
Wisconsin has long been criticized for being the last state in the country to not criminalize a person’s first offense for operating a vehicle while they are intoxicated (OWI). While efforts are continuously being made to strengthen penalties for first-time OWI convictions, existing punishments for multiple OWI convictions can be strict, especially if your blood alcohol concentration (BAC) is relatively high when you are pulled over. Being convicted of an OWI not only means that you could face immense fines and other penalties but depending on your circumstances, this could also mean you now have a criminal record that could affect you for the rest of your life. If you have been charged with an OWI, you should speak with a Wisconsin OWI criminal defense attorney right away to protect your rights and driving privileges.
3 Laws to Be Aware of as a Wisconsin Firearms Owner
Guns can be dangerous and downright deadly weapons in the hands of some people. Even if you do not mean any harm, firearms are capable of serious injuries. Just recently, two separate firearm-related incidents resulted in non-life-threatening injuries to two Wisconsin residents. One woman accidentally shot herself in the leg after illegally carrying her firearm inside of a waterpark and attempting to store it in the trunk of her car. Police state she may be facing charges for carrying a concealed weapon without a permit. The other incident occurred when a man tried to shoot a woodchuck that was on his property, but missed and ended up hitting a nearby 80-year-old golfer. That is why it is imperative that Wisconsin gun owners understand the laws pertaining to the possession and carry of firearms in order to avoid serious criminal charges.
Can I Seek Damages for Injuries in a Wisconsin Drunk Driving Accident?
There are very few crimes in the United States that could be accurately described as victimless. Most of the time, crimes that are committed will affect someone in some way, shape, or form. When it comes to a crime such as driving while under the influence of alcohol, also known in Wisconsin as OWI, there often are personal injury victims. According to the National Highway Transportation Safety Administration (NHTSA), there were more than 10,500 alcohol-related traffic deaths across the country in 2018 and many more alcohol-related injury- or damage-only crashes. Accidents involving drunk drivers are often traumatic for the victim, which is why the victim has the right to pursue compensation from the offender.
Pursuing a Personal Injury Lawsuit
When you get into a car accident with another person, you have a right to pursue compensation for damages that you may have sustained. This is true in Wisconsin, especially if you were in a collision with an intoxicated driver. Wisconsin operates on a system of comparative negligence when it comes to motor vehicle crashes. This means all parties involved have the potential to be partially at fault for the accident. As long as you were not found to be more than 50 percent responsible for the accident, you can pursue damages.
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