Category: Drunk Driving

Can I request an alternative to a blood draw after an OWI stop?

What happens when I violate implied consent laws? If the driver refuses an evidentiary blood, breath, or urine test, certain administrative penalties apply.  If prosecutors prove the refusal (or if the challenge timeframe passes) the Department of Motor Vehicles revokes the driver’s license for 12 months.  Additional requirements include an ignition interlock device, a substance…


Certain refusals can’t count as penalty enhancers

On June 3, 2022, the Supreme Court of Wisconsin determined: Wisconsin’s OWI graduated-penalty scheme is unconstitutional to the extent it counts prior revocations for refusing to submit to a warrantless blood draw as offenses for the purpose of increasing the criminal penalty. The following blog post may contain outdated law and is focused on refusals…


4th Offense OWI – Do I lose my license forever?

The law – section 343.31(1m)(b) of the Wisconsin Statutes Section 343.31(am)(b) of the Wisconsin Statutes states: Upon receiving a [homicide by intoxicated use of a vehicle or firearm] or [injury by intoxicated use of a vehicle conviction, or] conviction, suspension, or revocation counted under s. 343.307 (1) that together with other records of the department show that the…


Can you get an OWI on a bike?

The statutory definition of operating while intoxicated Wisconsin Statute section 346.63(1)(a) prohibits operating while intoxicated: No person may drive or operate a motor vehicle while: Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence…


What is horizontal gaze nystagmus?

How do law enforcement personnel administer the horizontal gaze nystagmus test? The NHTSA requires that the law enforcement administer the HGN test in a specific manner.  They break the test down into nine parts: Firstly, check for eyeglasses.  The officer instructs a drive who wears glasses to remove them.  Sometimes law enforcement will even ask…


What happens if you get in a traffic accident while drunk?

DUI accidents with injuries vs. without injuries Importantly, there isn’t any difference in penalties for the individual facing an OWI charge, and the individual facing an OWI charge after an accident that didn’t cause any injuries.  When an injury or death occurs, the penalties increase. DUI accidents with injuries If the defendant has no prior…


Drunk Driving Homicide

Drunk driving homicide penalties change A new law was enacted in Wisconsin that changes the sentencing structure for drunk driving homicides.  Signed into law by Governor Tony Evers on November 20, 2019, the bill created a presumptive minimum penalty for all drunk driving homicides.  This post will explain the new law, how it changes the…


4th Amendment Update with Kansas v. Glover?

Registered owner of the vehicle is revoked.  Can police pull me over? There is a case pending in the United States Supreme Court that will have a huge impact on drivers throughout the country.  Kansas v. Glover will address whether police can pull over a car solely because the registered owner of the car has...CONTINUE READING

What’s the impact of an OWI on my CDL?

What are the penalties? The State of Wisconsin determined that individuals with commercial driver licenses must abide by stricter safety standards.  Importantly, CDLs are required to operate vehicles over 26,000 pounds, vehicles carrying hazardous materials, and vehicles that transport more than 16 passengers.  Certainly, truck drivers, bus drivers, and other professional large vehicle operators all…


Boating under the influence

There’s an injury.  What now? Section 30.681(2) of the Wisconsin Statutes prohibits causing injury while under the influence of an intoxicant: No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe motorboat operation may cause injury to another person by the operation of a motorboat….

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