262-303-4916
Recent Blog Posts
What are the drunk driving laws in Wisconsin?
Being pulled over by the police is often unexpected and, in most cases, motorists become nervous. Regardless of the traffic offense, drivers do not want to face the potential penalties of the citation. However, in some cases, these consequences could be serious, such as in cases of a suspected drunk driving.
What are the drunk driving laws in Wisconsin? In Wisconsin, drivers are considered to be over the legal limit if their blood alcohol concentration, or "BAC," is 0.08 or greater. These measurements are determined by either a breath test during a sobriety test, a breath test subsequent to an arrest or a blood test following an arrest.
However, this BAC reading is only relevant if the motorist is 21-years-old or older. Drivers under the age of 21, are required to maintain absolute sobriety. Operating a motor vehicle with any amount of alcohol in their system is illegal and could result in charges and serious penalties. If a motorist has three or more prior OWI convictions, the BAC limit is lower for them. In these cases, the driver cannot operate a motor vehicle if the BAC is greater than 0.02.
4 things you should know about drunk driving charges
The reality you face when you are arrested for drunk driving is often a wake up call. There are several things that you need to think about if you have to answer to a drunk driving charge.
Typically, everything that happens from the reason for the traffic stop through the remainder of the legal process might impact your defense options. Make sure you think about all of these points and consider them carefully when you are facing a drunk driving charge.
#1: The officer needs a reason to pull you over
A police officer can't just pull you over because he or she feels like it. The officer must have a reason to pull you over. In the case of a traffic stop or a stop for the suspicion of drunk driving, this is known as reasonable suspicion. A police officer might be able to justify a stop if there is another reason to pull you over, such as a burnt out taillight. Other reasons that fall under reasonable suspicion might include swerving, speeding, stopping abruptly and running a stop sign or drifting into another lane.
Enrolling in a drug diversion program to avoid harsh penalties
Some state programs are designed to both deter crimes from occurring and help offenders re-enter society. For those accused of drug crimes, one of these programs is a drug diversion program. This program is designed to provide treatment for those convicted of certain drug crimes. Additionally, entering a drug diversion program could help defendants avoid harsher penalties.
Last year, the Wisconsin Assembly passed a bill that would increase funding for the drug treatment and diversion program. Specifically, this bill would cause $2 million to shift each year from the state Department of Health Services' mental health hospitals to grants providing county programs that are designed to keep drug users out of prison by placing them in a drug treatment program.
This increase in funding was to target and help heroin users and reduce the spread of the drug throughout the state. The Wisconsin Treatment and Diversion programs, or TAD, are used as alternatives to incarceration for those charged with certain drug crimes. These offenders are enrolled in the program as an opportunity to receive the help and support they need while they are attempting to become and remain contributing members of society.
Guiding you through the defense process following drug charges
Facing a drug crime allegation can be extremely detrimental to the professional and personal reputation of the accused. Additionally, depending on the criminal history of a defendant, the type of drug they allegedly possessed, the quantity of drugs in their possession and what acts the person is being accused of, a defendant could face serious penalties. Thus, it is important to take every drug charge seriously.
At our law firm, we understand that defendants are facing a wide variety of emotions and concerns following drug charge. It can become an overwhelming experience. However, our attorneys have years of experience representing clients facing a wide variety of drug crimes. We are devoted to serving individuals in the Lake County area, helping them navigate the criminal defense process.
Initiating a criminal defense can seem challenging and complex. Many defendants hear the long list of evidence the state has collected and are automatically under the impression that it will be difficult to prove them wrong. At our law firm, we understand the process law enforcement must abide by when collecting evidence. We may be able to spot issues with the search and seizure process, helping our clients suppress some or all of the evidence against them.
Can you refuse a breath test during a suspected DUI stop?
Being pulled over by the police is often a nerve-wrecking position to be in for motorists in Wisconsin and elsewhere. Whether or not a driver is fully aware of why they were stopped or not, the driver is likely nervous that they could face a traffic charge. In cases where a driver is suspected of drunk driving, a driver might be unsure what they are required to do and what they may refuse to submit to. While drivers are likely to comply with field sobriety tests, they might be wary when it comes to taking a breathalyzer.
Can you refuse a breath test during a suspected DUI stop? If a driver is asked to submit to a breath test and refuses to comply with this request, the driver could face serious consequences. If an officer has reasonable suspicion that a driver is under the influence of alcohol and asks a motorist to submit to a breathalyzer test to determine their BAC level, the driver could face a driver's license suspension for refusing to comply.
The different types of drug crimes
When defendants in Wisconsin are facing drug charges, they could be faced with consequences that will impact them for a lifetime. Both federal and state laws outline various types of drug crimes. Depending on the type of charges, a defendant could face harsh penalties. State drug laws tend to be narrower, but they cannot conflict with current federal drug laws. State drug crimes tend to result in short-term sentencing or even probation, but federal drug charges have the tendency to result in longer sentences.
When facing drug charges, it is imperative to understand the type of drug crimes a defendant is accused of. This often requires knowing the drug in question, the quantity and any evidence collected at the scene of the crime. Understanding the details of the charges also helps a defendant assert a defense.
Drug paraphernalia is a common drug crime and occurs when the accused is allegedly in possession of any equipment that is used to prepare, inhale or conceal illegal drugs. This typically includes bongs, pipes, rolling papers and syringes. The problem with these charges is that many items that are deemed drug paraphernalia are also designed for legal uses. Thus, these charges can easily be argued.
Charged with drug possession in Wisconsin? Save your future!
As a general rule, non-violent charges carry lesser sentences than violent charges. However, when it comes to drug possession, these rules do not always apply. If you are facing drug possession charges, it is vital to seek out a strong defense to ensure that your future is not derailed simply because the law allows harsh punishment for drug offenders.
Every minute that you wait to begin building your defense is time that the state has to make a case against you, and the state is rarely lenient.
Whether you are innocent of the charges or just made a foolish mistake and need an opportunity to change directions, drug charges can derail your life in many ways.
Drug charges can carry exceptionally harsh sentences
Unlike other non-violent charges, the punishments for drug possession and other drug crimes regularly include time behind bars. One does not need to search very long to find lots of information about how overstuffed our country's prisons are with those serving years of their lives for non-violent drug offenses.
Racine man arrest on several felony drug charges
Facing serious criminal allegations is a difficult predicament for Wisconsin residents. This is especially true if an individual is accused of committing a drug crime. If the elements of the presumed crime make it a felony, the accused could face harsh penalties and long-term consequences.
A Racine man is in such a situation following his recent arrest. According to recent reports, the 34-year-old man was arrested following a sting operation. The man allegedly sold crack and heroin to undercover police officers. Following this arrest, a warrant was granted to search the man's residence.
The search allegedly resulted in the discovery of a plethora of drugs at his place of residence. Police reportedly found 30 individually packaged bags of heroin, which totaled 15 grams, six individually packaged bags of cocaine, which totaled 1.1 grams, an unspecified amount of marijuana, a digital scale, packaging materials and roughly $4,000 in cash.
Following this search, the man now faces several felony drug charges. Such a situation could result in serious penalties if the individual is convicted on these charges. However, anyone facing criminal charges following a search and seizure should ensure all proper steps were taken. An improper search and seizure could help a defendant suppress evidence, helping them reduce or even dismiss some or all of the charges against them.
What is a juvenile delinquent?
As a pervious post highlighted, children and young adults in Wisconsin could be charged with a juvenile crime, facing serious consequences through the juvenile court system. While juveniles tried as juveniles face less harsh penalties when compared to their adult counterparts, this only occurs if the alleged offender is deemed a juvenile delinquent and will remain in the juvenile system.
What is a juvenile delinquent? In simple terms, a juvenile delinquent is a person usually between the ages of 10 and 18 who has been accused of a crime or committed an act that violates local, state or federal law. Thus, crimes committed by minor are referred to as delinquent acts, and rather than going through a trial, juveniles have an adjudication. This involves receiving a disposition and a sentence.
Delinquent acts fall into one of two different categories. The first category is an act that would be considered a crime if an adult had committed it. And in cases where the crime is considered serious, some jurisdiction will attempt to try the minor as an adult. However, when a minor is tried as a juvenile, parents are often left responsible to pay the court costs for their child.
The juvenile justice system in Wisconsin
Residents of all ages in Wisconsin can be accused of a crime. That means even individuals deemed children could face criminal allegations. While it is a serious situation to be charged with a crime, it is important to understand the difference between the juvenile justice system versus the criminal system adults are sent through. Additionally, it is crucial to be aware what could cause a child to be tried as an adult and have his or her case transferred to into the adult system.
The Juvenile court sees offenders between the aged of 10 and 16; however, children between these ages could be in the adult system if he or she is subject to original adult jurisdiction or if he or she is waived to adult court. When a juvenile between the ages of 10 and 16 are first taken into custody, this is typically done by law enforcement unless they are referred to intake by a school official, parent or guardian if he or she is suspected of violating a state or federal law, local ordinance, court order or suspected of being a runaway.
711 West Moreland Boulevard, #100A,
Waukesha, WI 53188
262-303-4916
262-303-4079
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
