Posted on October 21, 2017 in OWI/DUI

Not everyone who is accused of drunk driving is guilty. In fact, Wisconsin police frequently make mistakes during traffic stops that lead to an inappropriate arrest. Here are three ways that false DUI arrests might happen:

Police thought you were driving when you were the passenger: Imagine your friend is the designated driver who is diligently taking you home from a party in your own car. However, on the way home, your friend gets into an accident. You both get out of your car to examine the damage, and when police arrive, they don't believe that your friend was driving. Instead, they assume that you were driving while drunk and they arrest you for a DUI.

You have mouth alcohol: Imagine you just drank an alcoholic beverage, so the alcohol is still in your stomach. You can also smell it on your breath. However, your blood alcohol level is well within the legal limit. If police pull you over, they might smell the alcohol and decide to give you a breathalyzer test. If you accidentally burp while doing the breathalyzer exam, it could result in mouth alcohol that elevates your breath test reading beyond the legal limit. Mouth alcohol happens frequently, which is why police must observe you for approximately 15 minutes before giving you a breath test to ensure that you haven't burped.

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 Posted on October 20, 2017 in OWI/DUI

If you've been accused of drunk driving, you're in danger of having a bad mark on your criminal record. That mark could get in the way of employment opportunities -- particularly ones that involve driving.

Different kinds of criminal background checks expose different types of offenses. Depending on the nature of the check, your prospective employer might discover your drunk driving charge. Although your employer -- be it a federal agency or a Wisconsin business -- cannot discriminate against you based on a drunk driving conviction without a valid reason, this kind of discrimination can happen under the radar.

Background checks and getting hired for a job

Under federal case law, federal courts have ruled that prospective employees can seek protection from hiring discrimination based on a prior drunk driving conviction. More specifically, courts have ruled that employees can receive protection from hiring discrimination via Title VII of the Civil Rights Act of 1964.

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 Posted on October 19, 2017 in OWI/DUI

The best way to handle a drunk driving charge in Wisconsin is to avoid getting arrested in the first place. Aside from becoming a teetotaler and refraining from drinking completely, there are a few precautions that every Wisconsin driver should make if he or she wants to prevent getting hit with this very serious criminal charge.

Here are a few tips from State Farm Insurance, which will prevent you from getting arrested and charged with a DUI:

• Select a designated driver for the night. This person will be your sober buddy who will make sure you get home safely without needing to drive drunk.
• Ask someone to give you a ride. If you're too drunk to drive, don't be shy to ask a sober friend to give you a lift. Most people will be happy to oblige.
• Take keys away from drunk people. If someone is intoxicated at a party, don't be shy to take the person's keys away from him or her. Even though the person might react negatively, think of it this way: You could be saving a friend's life.

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 Posted on September 29, 2017 in OWI/DUI

It's that time of year again: Labor Day weekend. A time when we spend the weekend with family and friends at fun barbeques and parties. Most Wisconsin residents look forward to this fun time to enjoy the last days of summer with the people we love. Wisconsin police also prepare for this time because it's when they increase their drunk driving patrols via the statewide "Drive Sober or Get Pulled Over" campaign.

The Drive Sober or Get Pulled Over initiative started on Friday, Aug. 18, and will not end until Labor Day, Sept. 4. Here's what the Director of the Wisconsin Department of Transportation's Bureau of Transportation Safety said about the campaign: "Whether it's caused by alcohol, prescription medications or other drugs, impaired driving is illegal, it's dangerous, and it risks the lives of everyone along our roadways."

Wisconsin drivers be warned: The Drive Sober or Get Pulled Over initiative means that extra officers will be patrolling the roads for more hours of the day. The increased visibility of police is meant to encourage people to drive responsibly and refrain from getting behind the wheel while drunk. The officers will also be conducting more arrests. WisDOT is encouraging drivers to download its Drive Sober mobile application which offers a blood alcohol estimator, a feature to select your designated driver for the night and a find-a-ride home feature, which helps you find alternative transportation if you become inebriated.

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 Posted on September 23, 2017 in OWI/DUI

When a Wisconsin driver gets pulled over and police suspect him or her of drunk driving, it can lead to an arrest and DUI charges. However, it's important to note that these incidents can happen in many different ways -- and sometimes the charges brought against the accused person are in error, or they are unlawful.

When faced with unlawful or wrongful DUI charges, accused motorists may need to defend themselves in court to preserve their legal rights and innocence of the crime. Accused persons will have a host of DUI defense strategies available to them, but depending on the facts pertaining to their cases, only a handful of defense strategies will likely apply.

Here are two less common defenses that may only apply to a select few circumstances:

• The person accused of DUI was not driving: Imagine you were riding with your friend as a passenger and you get into a car accident. Your friend was perfectly sober, but you were drunk. When police arrive, they wrongly accuse you of being the person at the wheel. Not only are you charged with DUI, but you're also charged with causing an accident and injuries while drunk. As such, your criminal defense will need to focus on revealing that you were not the person behind the wheel.

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 Posted on September 20, 2017 in Criminal Defense

Milwaukee was the host of the National Rifle Association's "Concealed Carry Fashion Show." The fashion show was intended to show off gun-toting fashion accessories.

The show included regular guys and regular gals as models who donned special gun-friendly clothing, bags and purses to model for the audience.

Details about the Concealed Carry Fashion Show

Approximately 30 companies were represented at the fashion show, including brand names such as Man-Pack and Femme Fatale. Many of the fashion pieces included shoulder bags and corset holders that were made to assist in the quick drawing and firing of a weapon.

The NRA has been promoting its fashion show for the last several months and even worked with a professional designer to coordinate and plan the event. Marketing literature from the NRA's press release before the event stated, "The Fashion Show will showcase the Expo's top concealed carry products and demonstrate the features and benefits to an audience of firearm enthusiasts and industry media."

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 Posted on September 20, 2017 in Theft

Theft is theft, and if a Wisconsin resident gets accused of stealing property, it doesn't matter if he or she returns the property after stealing it. The individual who took the property can still get convicted of a theft-related crime. That said, the voluntary return of the property could result in the court being more sympathetic, and it could result in a lessening of the punishments associated with conviction.

Still, many Wisconsin defendants do not fully understand the law as it applies to stolen items that were voluntarily returned later. Imagine, for example, that someone steals a bicycle out of another person's garage. The victim calls police, who come and investigate the crime scene. The next day, the alleged thief comes back to the house to return the property voluntarily, at which time, police arrest the person.

Unfortunately, the return of the property will not serve as a defense against the theft charges. However, having returned the property could help the accused person to negotiate a plea bargain with prosecutors. A sympathetic judge may even allow the defendant to forego the severest of punishments -- like jail time -- and have him or her perform community service or other penances instead.

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 Posted on September 17, 2017 in Drug Charges

The psychedelic drug LSD (d-Lysergic Acid Diethylamide) is illegal throughout the United States. Under federal drug laws, LSD is classified as a Schedule I narcotic, meaning that an LSD-related conviction will come with the severest punishments on par with those associated with heroin.

Because the federal government has classified LSD as one of the most dangerous kinds of drugs, a first-time conviction for the least serious LSD possession offense will be punished with a minimum of $1,000 in fines and a maximum of three years in prison.

LSD sales convictions will be punished based on the amount of LSD involved and the number of previous convictions. Even with a first-offense LSD sales conviction of less than 10 grams, the offense could result in a five- to 40-year sentence and fines as high as $2 million. If more LSD or a second offense is involved, it's difficult to believe, but someone could easily face a lifetime conviction for a nonviolent LSD conviction.

Considering the fierceness of LSD penalties, it's surprising to find that approximately 9 percent of the U.S. population above the age of 12 admits to taking LSD at least one time in their lives. The average user of LSD is male, white and between the ages of 18 and 22. This user probably lives in the Western part of the United States and has educated parents and upper-middle-class parents.

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 Posted on September 12, 2017 in OWI/DUI

Drinking and driving is a serious problem because it is fully preventable if drivers don't get behind the wheel after drinking alcohol. With the impacts of this issue in mind, state legislators came up with some very strict penalties for drunk driving.

It is imperative that all drivers take the responsible path and find another way home after drinking. If this doesn't happen, you might find yourself facing criminal charges. Here are some points to know about drunk driving in Wisconsin:

Blood alcohol concentration

There are a few different factors that determine the legal limit of blood alcohol concentration for drivers. If a driver is under the legal drinking age, 21 years old, there can't be any traceable alcohol in the blood. People who are 21 and aren't commercial operators have a legal limit of .08 percent. If the person is a commercial operator, the limit is .04 percent. A person who has three or more operating while intoxicated convictions has a BAC limit of .02 percent.

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 Posted on August 29, 2017 in Drug Charges

Certain areas of the country have legalized marijuana for medical and recreational use. However, in Wisconsin, it continues to be illegal with the exception of non-psychoactive medical CBD oil, which is used to treat a limited range of conditions.

In spite of the illegality of marijuana, some individuals are selling and cultivating the plant unlawfully. As such, state and federal law enforcement officials are actively investigating any suspected cultivation and sale activity.

However, police do not always arrest individuals appropriately for these offenses. For example, you might have been accused of marijuana cultivation simply because you were in the wrong place at the wrong time. Or, you might have been accused of marijuana sales when you were not selling the drug, but merely in possession of it.

What will happen if I'm convicted of marijuana sale or cultivation?

If accused of marijuana sale or cultivation -- and convicted of the offense by a court of law -- individuals can face serious criminal consequences. Here are the penalties and punishments associated with a conviction of marijuana sale and cultivation in Wisconsin. If convicted of selling or cultivating marijuana in the amount of:

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