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Recent Blog Posts
When Can Drug Use Lead to OWI Charges in Wisconsin?
Operating a vehicle while under the influence of an intoxicating substance is a serious offense in Wisconsin. In many cases, arrests for Operating While Intoxicated (OWI) occur because a person is suspected of drinking alcohol before getting behind the wheel. However, OWI charges may also apply if a person is accused of driving while under the influence of controlled substances or other drugs. If you have been arrested for operating a motor vehicle while under the influence of drugs, it is important to understand the laws that apply to your case, the potential consequences you may face, and the steps you can take to protect your rights.
Wisconsin Law on Drug-Related OWI Charges
In Wisconsin, it is illegal to operate a vehicle while under the influence of an intoxicant. In addition to alcohol, intoxicants may include controlled substances such as marijuana, heroin, cocaine, methamphetamines, or prescription drugs such as opioids. A combination of multiple substances may also cause a person to become intoxicated. For example, a person may drink a small amount of alcohol that would not normally cause them to be intoxicated, but if they have also used prescription drugs, over-the-counter cold and flu medicines, or marijuana, the combination of these substances may cause a higher level of impairment than they would experience when using the individual substances on their own.
Read Our Top 10 Criminal Defense and Family Law Blogs for 2022
At Bucher, Wolff & Sonderhouse, LLP, we provide compassionate, effective legal representation in criminal defense and family law cases, and we also strive to educate and inform people about the legal issues that may affect them. Through our blog, we discuss different types of criminal charges, issues related to divorce and child custody, and other matters that we can help clients address. As part of our ongoing efforts to provide useful information about the law, here are our top blogs that our readers found to be helpful in 2022:
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What Are the Consequences for Disorderly Conduct in Wisconsin? - We look at how Wisconsin law defines disorderly conduct, examples of conduct that could lead to criminal charges, and the consequences a person may face if they are convicted of this offense.
What You Need to Know About Spousal Support in a Wisconsin Divorce
During the divorce process, spouses will need to address a variety of issues related to the property they own, the income they earn, and other aspects of their family's finances. Spousal support, or alimony, can often be one of the most contentious issues that may be raised during divorce. In cases where spousal support may be a factor, it is important for spouses to understand when a person may be eligible to receive support payments, how the amount of payments will be determined, and other related issues. If you are considering a divorce or have already started the process in Wisconsin, understanding the ins and outs of spousal support can help you make the right decisions for yourself and your family.
What Is Spousal Support?
Spousal support is known as spousal maintenance in Wisconsin. This form of support is an amount of money paid by one former spouse to the other after a divorce. It is designed to help the receiving spouse maintain a lifestyle similar to what he or she enjoyed before getting divorced. This assistance is typically paid either as a lump-sum payment or through periodic payments over time.
Addressing Retail Theft Charges During the Holiday Season
During this holiday season, retailers are facing a challenge: the rise of shoplifting. The holidays can bring out both generous shoppers and those with nefarious motives, and retailers have noted that instances of retail theft have been on the rise over the past few years. The National Retail Foundation has reported that in 2021, organized retail crimes increased by 26 percent, resulting in losses of more than $94 billion. Many retailers have been fighting shoplifting rings and other criminal schemes, and because of these ongoing concerns, they are on the lookout for people who may attempt to steal items. This means that those who are accused of retail theft may be detained, arrested, and charged with serious criminal offenses. If you are in this situation, understanding the specific charges that you may face can help you determine your best options for defense.
What Are the Penalties of a Domestic Abuse Arrest in Wisconsin?
In Wisconsin, domestic violence is considered a serious crime. If you are accused of domestic abuse, you could face harsh penalties, including jail time and hefty fines. You may also be subject to a restraining order or injunction that may prevent you from returning to your home or contacting your family members. By understanding the criminal laws in Wisconsin that affect these cases and the punishments that may be imposed following an arrest or conviction, you can make sure your rights will be protected as you address these issues. With the help of an experienced criminal defense attorney, you can take the correct steps to defend against domestic abuse charges and minimize the effects on your life, your family relationships, your reputation, and your freedom.
Wisconsin’s Domestic Abuse Statute
In Wisconsin, domestic abuse is defined as the intentional infliction of physical harm, injury, or impairment on an adult family member or a person who lives in the same household as the alleged offender. These charges may also apply if the alleged victim is a person's ex-spouse, someone they are dating or have dated in the past, the other parent of a person's child, or a disabled person under the care of the alleged offender. Domestic abuse charges may also apply if a person is accused of committing sexual assault, stalking, or damage to property against a family or household member or if they make threats to commit any of these actions.
How Can a Guardian Ad Litem Affect a Wisconsin Child Custody Case?
In Wisconsin, a guardian ad litem (GAL) is an individual appointed by the court to advocate for the best interests of children in family law cases involving child custody or placement disputes. GALs are independent from both parties, and they make recommendations to the court based on their evaluation of what is in the best interests of the child. By understanding how a GAL may affect a child custody case, parents can make sure they take the correct steps to protect their rights while also preparing to provide for their children's needs going forward.
What Does a Guardian Ad Litem Do?
A GAL’s primary role is to investigate and evaluate matters concerning the welfare of minor children affected by family law cases, including those involving divorce, paternity, or custody of children when parents are unmarried. They will advocate for the best interests of the children involved in a case, and during their investigation, they may look at whether domestic abuse has occurred or whether there are any safety issues that affect children. They may also take a child's wishes into consideration.
5 Issues You May Need to Address in a High Net Worth Divorce
Getting a divorce can be an emotionally and financially taxing process. If you and your spouse have a high net worth, the process can become even more complicated. In these situations, there are a variety of financial issues that will need to be addressed, and these issues are likely to be more complex than for couples with fewer assets. Because of the unique factors involved in a divorce involving large incomes or valuable assets, it is important to work with an attorney who understands the applicable laws and the best strategies for helping you achieve your goals. Here are five issues you may need to address if you are getting divorced and have significant assets:
1. Division of Valuable Assets
The division of marital property is one of the most important parts of any divorce, but this process can become complex if you own high-value assets. These may not only include tangible assets like real estate, vehicles, jewelry, or artwork, but also intangible assets such as retirement savings, investments, or intellectual property. A lawyer experienced in divorce cases involving high-net-worth couples will understand how to properly value each asset and make sure that you will have the financial resources to meet your needs going forward.
When Can Gun Possession Lead to Criminal Charges in Wisconsin?
Citizens of the state of Wisconsin have a right to bear arms, but there are certain restrictions in place that are meant to protect public safety, and violations of the laws related to firearm possession can lead to criminal charges. It is important to be aware of these restrictions if you are considering purchasing a firearm or already possess one.
Illegal Possession of a Firearm
In Wisconsin, it is illegal for certain people to possess firearms or ammunition. These people include convicted felons, juveniles who have been adjudicated delinquent for offenses that would be considered felonies for adult offenders, people who are subject to restraining orders due to allegations of domestic violence or abuse, and people who have been involuntarily committed to mental health treatment facilities. If one of these individuals is found in possession of a firearm, they may be charged with a Class G felony, and if they are convicted, they may be sentenced to up to 10 years in prison, fined up to $25,000, or both.
How Can Dissipation of Assets Affect a Wisconsin Divorce?
When spouses in Wisconsin divorce, they will be required to divide their property and assets. However, there are some circumstances in which actions by one spouse will affect a couple's ability to divide their assets fairly. If one spouse has taken actions that reduced the value of the marital estate, this may be considered dissipation of assets. When a spouse claims that the other party has taken these types of improper actions, they may ask for adjustments to be made to how marital property will be divided, ensuring that their financial interests will be protected.
What Counts as Dissipation of Assets?
In general, any use of marital assets for the sole benefit of one spouse outside of the marriage can be considered dissipation of assets. Some common examples of asset dissipation that may need to be addressed during the divorce process include:
How Do Breathalyzers and Field Sobriety Tests Affect OWI Arrests?
If you are stopped on suspicion of drunk driving, the officer will likely ask you to blow into a portable breathalyzer or take field sobriety tests. These tests are used to determine whether you are impaired and whether you should be arrested and charged with drunk driving. If you are arrested, additional tests may be performed to determine whether you were driving under the influence and whether you should be charged with the offense of operating while intoxicated (OWI). Understand the role that these tests play in OWI cases is important, and you will need to be aware of the consequences you may face for refusing to submit to one or more types of tests.
Roadside Breathalyzer Tests
If you are pulled over by a police officer on suspicion of drunk or intoxicated driving, you may be asked to take a breathalyzer test. This portable breathalyzer test may be used to determine whether you are intoxicated by providing an estimate of the amount of alcohol in your system. The legal limit for blood alcohol content (BAC) in Wisconsin is 0.08%. If a breathalyzer indicates that your BAC is above this limit, this will give the officer probable cause to arrest you for OWI.
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