Author: Benjamin Van Severen

Increased penalties, local ordinances, and state criminal laws seek to fix a problem that’s getting worse with time: In 2022, Milwaukee Police Officers issued 496 reckless driving citations, a 32% increase from 2021.  During the same time period, there were 88 motor vehicle deaths, with 32 of those involving pedestrians.  Compare this to nearly a…

Out of state wet reckless offenses count as prior drunk driving convictions when calculating OWI penalties in Wisconsin. In Wisconsin, a first-offense drunk driving charge is non-criminal and does not carry the possibility of incarceration.  This is not the case in the vast majority of other states, where a first offense is typically a criminal…

The Fourth Amendment to the United States Constitution allows you to refuse police searches of your vehicle. The Fourth Amendment to the United States Constitution provides individuals many protections against various forms of intrusive police conduct.  The language of the Fourth Amendment is: The right of the people to be secure in their persons, houses,…

Mandatory minimum penalties apply in all Wisconsin drunk driving cases.  Prior to February 2023, defense attorneys, prosecutors, and trial courts had a difficult time deciding what mandatory minimum penalties applied to 5th and 6th offense OWIs.  Those specific OWI offenses carry a presumptive minimum penalty of 1.5 years initial confinement in prison, but allow courts…

2023 OWI 1st charges in Wisconsin: The first time many individuals are ever arrested is for a first-offense operating while intoxicated.  In Wisconsin, a first OWI isn’t a criminal charge (it is not a misdemeanor or felony).  Penalties include fines ranging between $150.00 and $300.00, a driver license revocation of 6-9 months, and an interlock ignition…

What is the law for OWI while snowmobiling? Section 346.63(1)(a) of the Wisconsin Statutes governs operating a motor vehicle while under the influence of an intoxicant.  The law says: 346.63  Operating under influence of intoxicant or other drug. (1)  No person may drive or operate a motor vehicle while: (a) Under the influence of an intoxicant, a…

Endangering safety by use of a dangerous weapon: operating or going armed with a firearm while under the influence of an intoxicant – Wis. Stat. 941.20(1)(b) Also called endangering safety by use of a dangerous weapon, section 941.20(1)(b) of the Wisconsin Statutes prohibits using or going armed with a firearm while under the influence of…

What is an ignition interlock device? An ignition interlock device is a cell phone sized device that is wired to your vehicle’s ignition.  After installation, an IID requires you to provide breath samples before starting a vehicle, and sometimes while a vehicle is operational.  If the device detects alcohol in the breath sample, the engine…

Section 305.32 of the Wisconsin Statutes: side and rear window tint Section 305.32 of the Wisconsin Statutes deals with window tint law as applied to side, vent, and read windows.  There are a few ways tint is legal in Wisconsin: Firstly, the tint is installed by the manufacturer of the glazing as a part of…

Criminal charges for dick pics: Section 944.25 of the Wisconsin Statutes There’s only one crime in Wisconsin that resembles sending dick pics.  And while we recognize that traditionally this practice is done via cell phone, this criminal charge focuses on emails. Section 944.25 of the Wisconsin Statutes indicates: (1)  In this section: (a) “Electronic mail solicitation” means…