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Posted on in OWI

Oconomowoc criminal defense attorney OWI

With temperatures dropping and snow beginning to fall, people across the country are getting their families and homes ready for the upcoming winter holidays. For many people, celebrating holidays often means going to social events where alcohol is present, but this can spell trouble for some. Drinking and driving is extremely dangerous and can even cause harm or death to others if you do not drink responsibly. This is why the state of Wisconsin, as well as all of the other 49 states,  have laws against consuming alcohol and then operating a motor vehicle while intoxicated (OWI). The holiday season is the most stressful time of year to be dealing with a drunk driving charge, so it is important that you avoid an arrest and criminal charge if you have been pulled over for OWI. 

Tips to Avoid an OWI Conviction in Wisconsin

Many people travel by car to visit family and friends over the Christmas holiday season and combined with increased alcohol use, this can (and has been shown to) produce a deadly situation. According to the National Safety Council (NSC), only about 29 percent of all traffic deaths typically involve alcohol, but during the Christmas Day period, approximately 37 percent of all traffic deaths can be attributed to alcohol involvement. When a death is involved in an OWI charge, consequences can become extremely serious, so avoiding an arrest is the best strategy to use. Here are a few tips if you are faced with this type of situation: 

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Posted on in OWI

Waukesha County criminal defense attorney OWI

Nobody ever plans to get pulled over and arrested for drinking and driving, but it happens more often than you may think. There were nearly 29,000 people arrested for operating a vehicle while under the influence of alcohol in Wisconsin in 2015, according to the Department of Transportation (DoT). If you are arrested for OWI, chances are you will also be convicted as the DoT also stated that the drivers in 93 percent of the OWI cases that were charged were found guilty. If you are convicted of even a first-time OWI offense in Wisconsin, you could have your driver’s license suspended or revoked for six to nine months, making your life more difficult. Fortunately, you may be able to apply for an occupational license, which would alleviate some of the hardship.

Obtaining an Occupational License

The first question that is often on a person’s mind after being charged with OWI is, “Am I still able to drive?” The answer to that question usually depends on the circumstances surrounding the case. In Wisconsin, an occupational license can be requested to allow you to drive to and from work or school. To be eligible for an occupational license, you must have had a valid license prior to its suspension or revocation. You will not be eligible for an occupational license if you have two or more revocation or suspension cases from separate incidents in a one-year period or if you have not served all mandatory waiting periods before applying for the occupational license.

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Oconomowoc criminal defense attorney OWI with injury or death

One of the leading causes of death in the nation continues to be motor vehicle accidents. According to the latest data available from the National Highway Traffic Safety Administration (NHTSA), there were more than 36,500 people who died in traffic accidents in the United States in 2018. Of those individuals, more than 10,500, or 29 percent, were killed because of an alcohol-related traffic accident. In Wisconsin, operating a vehicle while under the influence of alcohol or any other intoxicating substance is illegal and can lead to serious consequences. However, if the injury or death of another person were to result from an OWI charge, you could face even more serious penalties.

Punishments for Injury or Death With OWI

Wisconsin is the last state to punish first-time OWI offenders with a criminal charge, rather than simply a moving violation. Currently, a first-time OWI in Wisconsin can land you a fine of $150 to $300 and a six- to nine-month driver’s license revocation. However, if you cause bodily harm or injury to another person while you were operating a vehicle while intoxicated, even during a first-time offense, you could face $300 to $2,000 in fines, up to one year in prison, and up to a two-year driver’s license revocation. If you have had prior OWI convictions and/or chemical test refusals, you will face stricter penalties. This can be charged as a Class H felony, which carries a possible six-year prison sentence and up to $10,000 in fines.

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Oconomowoc criminal defense attorney OWI with a minor passenger

The state of Wisconsin is one of the few states that still treat the first-time charge for operating a vehicle while intoxicated (OWI) as a moving violation rather than a crime. However, circumstances significantly change if a person has a minor who is under the age of 16 in the vehicle at the time the OWI is committed. In the past couple of years, Wisconsin lawmakers have made changes to some of the state’s drunk driving laws, with updated penalties for minor passengers being one of them. In many cases, offenders could see their criminal penalties as much as double if they were driving under the influence with a minor in the vehicle.

First and Second OWI With No Prior Offense

For a typical first or second OWI charge with no prior OWI charges in the preceding 10 years, an offender typically would face up to a $300 fine, up to a nine-month license suspension, and no jail time. However, if a minor was in the vehicle when the offense was committed, he or she could face between $350 and $1,100 in fines, a 12-18-month license suspension, and up to six months in jail.

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Oconomowoc BUI defense attorney

After several long months of winter weather, summer has finally arrived in Wisconsin. Even though this summer might look a little different than what we are used to, it is safe to assume that most people will attempt to continue with summertime activities, such as boating. In Wisconsin, boating is a favorite pastime for many. What some may not realize, however, is that boats fall under many of the same laws that other motor vehicles do -- especially when it comes to operating them while under the influence of drugs or alcohol. Therefore, it is important to understand the legal penalties for this type of criminal offense.

Dangers of Alcohol and Boating

Alcohol alters your perceptions of the world around you, which is why it is so dangerous to drive while under the influence. Boating is no exception. Alcohol is notorious for delaying reaction time and causing balance issues, both of which can already be exacerbated on a boat because of the vibrations and waves in the water. Drugs or alcohol can also impair your vision and depth perception, which is critical when navigating any type of watercraft. 

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