THE STANGL LAW BLOG

If you are pulled over for suspicion of driving under the influence in Wisconsin, at some point the police will likely ask you to step out of your car in order to take part in testing used with the intention of confirming the officer's suspicion that you are intoxicated due to drug use or alcohol consumption.

You probably already have some awareness of these roadside tests used by police to test for drunk driving, whether in movies or real life. The official term for these tests is, field sobriety tests (FSTs).

While you may be asked to perform any number or combination of FSTs, the National Highway Traffic Safety Administration recognizes three tests as standardized field sobriety tests. These tests include: the horizontal gaze nystagmus test or HGN, the walk-and-turn test (WAT) and the one-leg stand test (OLS).

Following an arrest for impaired or drunk driving in Wisconsin, you or a loved one may be facing charges for operating while intoxicated (OWI) and associated offenses.

A lot has happened quickly and now you're left to choose your next step in order to help defend against OWI charges. We understand you have questions.

Some of these questions might include:

"What is 'Implied Consent?'"

"Will I go to jail for OWI?"

"What if I was driving under a suspended license?"

"How can I beat drunk driving charges?"

"How will an OWI offense impact my insurance?"

It's important to get answers right away from a knowledgeable attorney in order to start your defense against DUI, OWI, DWI, BAC and PAC charges in Wisconsin.

Here, we'll tackle some common questions about consent to testing for intoxication.

With over 20 years' experience successfully defending clients facing drunk driving charges in Wisconsin, Stangl Law understands one very important issue on their minds:

"Will I lose my driver's license?"

Certainly, driving privileges are on the line after anyone is arrested for driving while under the influence of drugs or alcohol on Wisconsin roads. There are, however, ways you can potentially minimize restrictions on your ability to drive during this time.

If you are facing any charges relating to driving while intoxicated (such as OWI, DUI, DWI, BAC or PAC) in Wisconsin, it is imperative to consult an experienced attorney to help with your defense to increase your likelihood of keeping your license.

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.

Wisconsin Ignition Interlock Device Laws

Among the penalties handed down for OWI charges in Wisconsin, Ignition Interlock Devices (IIDs) provide a preventive solution to drivers convicted of an OWI with a particularly high BAC level, or those who’ve been caught driving drunk repeatedly.

As the technology behind the devices becomes both cheaper and more efficient, they are increasingly being used as a measure to curb the potentially disastrous effects of OWI before they occur.

Since 2010, Wisconsin, among other states, has passed legislation making these devices mandatory for individuals convicted of OWI under certain circumstances.

Whether you’ve been issued this device or not, all drivers should be aware of what these devices do, and under what circumstances you can be forced to install one into your own vehicle.

In Wisconsin, a drunk driving arrest usually results in at least two criminal charges: Operating while under the influence of an intoxicant (OWI), and Prohibited Alcohol Concentration (PAC).

Many of us are familiar with OWI (also called DUI or DWI in other states), but far fewer of us know about PAC charges.

In this post, I briefly explain both of these charges and what to do should you find yourself facing them in Wisconsin.

If you, like many Americans, consider it important to carry for self-defense, it's important to know the legality of any weapon that you might be carrying in each state that you visit.

You may even already be facing trial for the act of possessing or carrying a weapon without committing any other crimes.

For those planning to visit or relocate to Wisconsin, or for those who may be facing criminal charges pertaining to a weapons violation, this article will present you with details about Wisconsin weapon carrying laws, the potential consequences for violating those laws, and a few example defenses that may help those in need.

Every person under Wisconsin law has the right to appeal his or her convictions to higher courts through the appeal process.

While most initial criminal cases are heard in county circuit courts, appeals to rulings made in circuit court proceed to the intermediate appellate court system for review. If the appellate court reverses the ruling, a petition can be submitted to the Wisconsin Supreme Court for potential review.

A statute of limitation sets a specific period of time the state can prosecute a particular crime. After that time passes, they lose the right to bring a case forever.

Generally speaking, the more serious or violent the crime, the longer the statute of limitation is and some offenses have no limitation at all. In certain situations, the state can be granted additional time to bring a case by having the statute of limitation tolled or suspended. (Wis. Stat. § 939.74) 

Have questions regarding the statute of limitations for your offense? Click here to contact me for a free consultation.

What is a felony in Wisconsin?

In Wisconsin, a felony is any crime that brings a maximum sentence of more than one year in prison.

What Is the Difference Between a Felony and a Misdemeanor?

At first, all criminal offenses fall into one of two categories: felonies and misdemeanors.

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

A misdemeanor is any crime not punishable by imprisonment in the Wisconsin State Prison System.

Read more about misdemeanors in Wisconsin »

After this initial classification, offenses are broken down into a number of separate categories based on the nature of the crime itself.