THE STANGL LAW BLOG

Truck drivers and other professional drivers operating with a commercial driver's license, or CDL, are held to a stricter standard under Wisconsin's drunk driving laws.

In addition, drunk driving convictions can create unique challenges for professional drivers who depend upon driving for their livelihood.

If you have a commercial driver license or CDL, it is important for you to understand the special requirements of your CDL in respect to Wisconsin law's regarding operating under the influence of an intoxicant or OWI.

This article will explain special circumstances and exceptions to well-known OWI protocols, such as field sobriety testing, which you must be aware of if you are pulled over for suspicion of driving under the influence (DUI) in Wisconsin.

In Wisconsin, all felonies are serious criminal matters that can permanently strain one's reputation and livelihood.

The state legislature has classified nine different classes of felonies, from Class A, the most serious to class I. Depending on what a defendant is convicted of, sentencing for these crimes can be as severe as life imprisonment for a Class A felony to a fine of up to $10,000 for a class I felony and/or up to 3 1/2 years in prison.

According to Wisconsin law, a felony is a crime whose punishment could potentially result in a jail term of one year or longer. Crimes that fall within this category are assigned sentences within the Wisconsin State Prison System rather than in a county jail.

Within the broad category of felonies, crimes are further divided into a series of nine classes delineated by alphabetical titles, A through I. Class A felonies, for example, represent the most severe punishments given in Wisconsin. Penalties include a lifetime sentence with further stipulations for repeat offenders and those with specific criminal records.

When a person hears the word "felony," many different ideas come to mind, and often the assumption is that they have committed, or have been accused of, a very severe crime.

But in Wisconsin, the state legislature has classified nine different classes of felonies, from Class A, the most serious to class I. Depending on what a defendant is convicted of, sentencing for these crimes can be as severe as life imprisonment for a Class A felony to a fine of up to $10,000 for a class I felony and/or up to 3 1/2 years in prison.

In 2016, the consequences for 4th offense OWI (and beyond) in Wisconsin became an even more serious matter for repeat offenders under Wisconsin law with the passage of Senate Bill 455, which Governor Scott Walker signed into law on April 25, 2016.

Since the adoption of the new law, any 4th OWI offense in Wisconsin is now considered an automatic Class H felony—regardless of the time period between charges. Previously, this was considered a misdemeanor, unless occurring within 5 years of the third OWI offense.

As a result of the adoption of Senate Bill 455 into law, the penalties for repeat OWI convictions (4th offense OWI and beyond) in Wisconsin have become even more severe. In addition to loss of license, having an ignition interlock device (IID) installed in your vehicle and other requirements, you will now face greater fines and longer prison terms if you are convicted of 4th, 5th, 6th, 7th, 8th, 9th, 10th OWI or any subsequent OWI charges in Wisconsin.

Attorney Patrick Stangl sets himself apart from other Wisconsin OWI attorneys in many ways, but one in particular is unique to him: He's trained in administering and evaluating Field Sobriety Tests (FSTs) just like law enforcement officers.

This gives attorney Stangl incredibly deep insight into how these tests are designed, what their weaknesses are, and where law enforcement commonly make mistakes when administering them.

If you've ever been pulled over on suspicion of drunk driving in Wisconsin, you've likely already participated in one or more field sobriety tests or FSTs.

Don't be fooled by what police might say when telling you what the test is for. These tests are designed with the intention of identifying sufficient reason or probable cause to arrest you on suspicion of driving under the influence –– nothing more.

Wisconsin's DUI laws (or OWI for "operating while intoxicated" as it's more commonly referred to in Wisconsin) can be complicated and confusing, especially under the stress of a recent charge.

To make these laws simple and straightforward, we've broken down the common DUI laws in Wisconsin in plain language below, along with the potential penalties associated with them.

Unlike most first offense OWI violations, which are civil penalties, OWI with a minor passenger (someone under the age of 16) elevates the case to a criminal charge.

The penalties of a first offense OWI with a minor passenger are significantly more severe: double the penalties you would normally receive for the offense without a minor in the vehicle. In some cases, certain penalties are more than doubled.

Wisconsin's OWI laws can seem complex and confusing, especially to someone facing charges and looking for a clear and simple guide to the penalties they face and actions they can take to defend themselves.