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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 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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Muskego OWI defense attorney

Since the 1980s, the number of alcohol-related traffic fatalities in the United States has decreased dramatically, from approximately 21,000 deaths in 1982 to 10,500 deaths in 2018. Unfortunately, according to the National Highway Traffic Safety Administration (NHTSA), intoxicated driving still accounted for nearly one-third of all traffic deaths in 2018. Drunk driving laws all over the country have become more strict, with Wisconsin being no exception. In certain situations, Wisconsin requires those drivers who are charged with operating a vehicle while intoxicated (OWI) to have an ignition interlock device (IID) installed on their vehicle. It is critical to understand what is involved with an IID if you are facing OWI charges.

What Is an IID?

An IID is a small, cell phone-sized device that is electronically wired into your vehicle’s ignition system. The device requires you to provide a breath sample before you are able to start your vehicle. A portion of the device functions like a breathalyzer and determines your blood alcohol content (BAC) from your breath sample. If your BAC is more than 0.02 percent, the device will not allow your vehicle to start. Each time you provide a breath sample, the results are stored in the device’s memory, which will eventually be reviewed by the authorities for compliance. Any attempts to remove, circumvent, or tamper with the device will immediately be reported to the sheriff’s office in your county.

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Posted on in OWI

New Berlin OWI defense attorney

One of the most common crimes committed with a vehicle is driving while under the influence of drugs or alcohol. In Wisconsin, this is referred to as operating while intoxicated (OWI). Some of the most deadly and serious car accidents occur because of people driving when they are drunk or high on drugs. According to the Wisconsin Department of Transportation, there were nearly 30,000 OWI arrests that took place in 2015, with more than 5,000 alcohol-related car crashes. In the past few decades, more emphasis has been placed on preventing drunk driving, with one strategy being to increase the consequences for committing an OWI. In Wisconsin, penalties for OWI can range from a simple fine to jail time or felony charges, depending on the situation.

First-Offense OWI

In Wisconsin, a first-time OWI offense is not technically considered a criminal charge. Rather, it is classified as a petty offense that results in a fine and a driver’s license suspension. If you are caught driving while under the influence for the first time, you will be subject to a fine between $150 and $300, a $435 OWI surcharge, and a six- to nine-month driver’s license suspension. However, you can apply to get an occupational license immediately. An occupational license allows you to drive to certain places, such as work, school, church, or the grocery store. 

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