OWI Criminal Defense Legal Advice
According to statistics from the Federal Bureau of Investigation, or FBI, over one million DUI (driving under the influence) arrests have been made this year. An OWI (operating while intoxicated) isn’t just drunk driving, it also includes marijuana, illegal drugs, or prescribed medications with warnings. If the driver’s BAC (blood alcohol content) is above the legal range of 0.05%-0.08%. In certain instances, if the BAC is above 0.12%, the charge can become an aggravated classification of the charge. Any type of OWI or DUI should always mean your first step should be to talk to a DUI or OWI defense attorney.
Mullen, Schlough & Associates S.C. have specialized in Wisconsin DUI laws for over 20 years and work with accused drivers in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin. Attorneys here are experts in drunk or drugged driving cases and can represent the driver who was arrested and charged with a DUI or OWI.
A DUI defense lawyer can strategize the best way to represent their client and help the accused driver of what exactly they are being charged with. They also take care of the administrative procedures involved.
The state and prosecution can prove the defendant is guilty, but when arguing an OWI case, a criminal defense lawyer can defend the accused driver’s rights and status against any proof the prosecution may anticipate introducing. An OWI defense lawyer will help you set up a strong defense to present in court.
If you are accused of a driving under the influence (DUI) crime, you will attend a few hearings starting with the Department of Motor Vehicles and ending with a final hearing at the County or State Court. The court process for an OWI offense may be very long for this kind of conviction.
A DUI/OWI experienced defense lawyer will work on your behalf. They have the ability to get a large number of the charges dropped or reduced early in the process. Drivers accused may think they have to plead guilty to these charges, a DUI/OWI defense lawyer can suggest going into a plea or sentence bargain. The defense attorney can even file a motion to overthrow their clients statements if arrested. Your criminal defense attorney could also schedule an evidentiary hearing to present the evidence that the prosecution holds against their client.
DUI/OWI defense attorneys have extensive knowledge about their states drugged driving and drunk driving laws. To cross-examine efficiently, the lawyer needs to obtain all of the proof available at the time of arrest. They have the choice to then compare those details with the witness’ testimony. The role of the criminal defense lawyer is to focus on the questions being asked in order to create a counter argument to their prosecution while the state witness testifies under questioning from the prosecutor.
As experienced defense lawyers, it is our job to know everything about Wisconsin DUI laws. We are able to help our clients understand their rights and options as well as their negotiations with the prosecution. Hiring a DUI/OWI defense attorney at Mullen, Schlough & Associates S.C. means you will have highly organized OWI specialists with competent critical thinking skills on your side to direct you towards your best options.
Drug Driving Facts
[vc_row][vc_column][vc_column_text]Intoxication is more than alcohol and includes weed and prescription or even over-the-counter medications. In Wisconsin, they are also classified by the addicting effect and abuse level. Drug driving offenses are categorized based on the substance, amount, and the offender’s prior record. The intricacy of Wisconsin drug statutes requires criminal lawyers who have comprehensive knowledge of drug charge defense strategies. As an OWI / DUI criminal defense law firm with expertise in drug intoxication legal defense services, Mullen Schlough & Associates S.C. is prepared and well qualified to represent you in even the most complex legal challenges you may face.
If the driver can speak and behave in a usual way, it can be used to defend your drug intoxication case and prevent the prosecution from trying to prove that you were a danger to others or unable to care for your safety by your criminal defense lawyer.
If you receive an OWI or DUI, the judge can suspend your driver’s license for 6 months and to several years, depending on the conditions of your case. A drug intoxication conviction In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake, and Barron County, WI, may also lead to a mandatory stay in a rehabilitation facility plus attendance at an impaired driver education program. Needless to say, all of this can impact finances, your job, and your family.
Do not drive any type of vehicle if you’ve been taking drugs of any kind (from recreational drugs like weed to OTC medication, like cough medicine that is accompanied by a warning about operating any heavy machinery after taking). If you did and are in any legal trouble, contact the DUI criminal defense attorneys at Mullen Schlough & Associates S.C. They have decades of experience in drug driving offenses and offer payment plans for their professional guidance.
Here are some Drug Possession Defenses you may find useful. Additionally, if you feel your drug or alcohol consumption has gotten “a little out of control,” please click the following link for support: https://www.help.org/prescription-drug-addiction-and-abuse.
States where medical marijuana has been legalized typically require a doctor’s signed recommendation. But some of those states also accommodate an affirmative defense by individuals arrested on marijuana possession charges who can show clear and credible evidence of medical necessity.
The Fourth Amendment to the U.S. Constitution ensures the privilege of fair treatment of law, including legal search and seizure methods before an arrest. Search, and seizure issues are familiar territory for drug possession defenses.
Seized and utilized as proof if illegal medications found on display are possible. In contrast, drugs found in hidden places can’t be used as pieces of evidence. If the defendant’s Fourth Amendment rights were violated, at that point, the drugs can’t be utilized at trial, and the charges usually are dropped.
This is when you claim the drugs do not belong to you. A defense lawyer will pressure prosecutors to prove that the illegal substance found in the car belonged to someone else.
While law enforcement officials can set up intelligent operations, entrapment occurs when police officers or sources initiate a suspect to commit a crime they otherwise may not have committed. If a basis pressures a suspect into passing drugs to a third party, for instance, then this may be viewed as entrapment. Entrapment takes place when the state provides the drugs being referred.
The prosecution must demonstrate that a seized substance is indeed the illegal drug it claims it is by sending the proof to a crime lab for examination. At that point, the crime lab analyst must bear witness at trial for the prosecution to put forth its case.
Here, prosecutors who lose or otherwise lack the actual drug risk having their case dismissed. Seized drugs usually get transferred numerous times before being left in the evidence locker, so it should never be assumed that the proof still exists during the trial.
For more information or to learn about our services and payment options, visit Mullen, Schlough & Associates S.C.[/vc_column_text][/vc_column][/vc_row]
Under Age DUI Advice
DUI Help is a Phone Call Away
Helpful Expert Advice About Your DUI Charge
[vc_row][vc_column][vc_column_text]Receiving an OWI charge can be a terrible wake up call and, if not handled well, you may experience a financial tailspin, loss of freedoms and other requirements for a happy life. But not all DUI charges lead to convictions. Don’t worry, first you should schedule a free discovery call with your local OWI criminal defense lawyers in Wisconsin for expert advice about how best to move forward with your charges.
Most drivers aren’t aware about the many scenarios that can impact your OWI (Operating While Intoxicated) conviction in the state of Wisconsin. For instance, it is possible that the police officer didn’t actually see the person operating the car in question but, instead, found the driver asleep in their stopped automobile. In this case, the breath or blood test may not bear the same weight as had the police witnessed the driver in action.
Your Wisconsin driver’s license may be suspended 30 days after accepting a Notice of Intent to Suspend in the off chance that you don’t ask for an administrative review hearing or if you lose the administrative hearing.
These examples demonstrate why working with an experienced DUI defense attorney such as Mullen Schlough & Associates S.C. must be called immediately. They can make a big difference in your future by gathering and presenting these types of details to help your case.
Additional OWI Q&A that you may find useful include:
Did the police officer have probable cause to inspire your traffic stop?
Your OWI Defense Lawyer will investigate why the traffic stop was conducted and if it really warranted a probable cause leading to administering the PBT and your arrest. If the police officer lacked evidence then your evidence gets suppressed.
How did the police office handle your field sobriety test?
The Wisconsin police department trains officers to conduct three typical field sobriety tests. If there is a single flaw in the way your Horizontal Gaze, One Leg Stand or the Walk and Turn was handled, your OWI defense attorney may use that to help lighten your conviction.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If so, this does not mean it’s a lost cause. Your OWI defense lawyer can argue that the labs or machines made errors or malfunctioned. A meticulous review of the records may lead to a convincing argument for a jury.
What is the Blood Alcohol Curve Defense?
This is a defense based on the absorption rate of alcohol and the time of the very last drink. Just like disputing the correctness of the chemical test defense, your seasoned DUI lawyer can argue that at the time of operation your blood alcohol level was lower than a .08.
WHAT TO KNOW ABOUT LICENSE SUSPENSION in the state of Wisconsin:
In 1st offense cases, the Wisconsin DUI criminal defense legal team, at Mullen Schlough & Associates S.C., can appear on your behalf. Your OWI defense attorneys can help you by guaranteeing that each step of the process is completed properly.
When you are accused of alcohol or drug intoxication, you face a suspension as well as a revocation of your driver’s license. For a DUI offense in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI , your license will be disavowed upon conviction and could be suspended authoritatively before a conviction for 6 months. Your license can be repudiated for as long as three years for a third offense or more.
Whether your case is DUI or even a DUI causing injury or vehicular manslaughter, an OWI Attorney can help you understand your rights and guide you in the right direction. We are ready and able to provide assistance for your situation. Contact Mullen Schlough & Associates S.C.[/vc_column_text][/vc_column][/vc_row]
DRUGGED DRIVING IS MORE THAN MARIJUANA
Drunk Driving Defense Lawyer Tips
[vc_row][vc_column][vc_column_text]Federal Bureau of Investigation statistics show that over 1 million drivers have been arrested for a DUI (driving under the influence) in the past year. A DUI or an OWI (operating while intoxicated), is not just drunk driving it may also refer to driving under the influence of drugs or even prescribed medication). It becomes a criminal offense if the driver’s blood alcohol content goes over the lawful level somewhere in the range of 0.05% and 0.08%. If the blood alcohol content goes over 0.12%, it can become an aggravated classification of this offense in certain jurisdictions. Whatever DUI charge or OWI charge you’ve received, you should contact a DUI criminal defense attorney or an OWI defense lawyer as soon as you are accused of Operating While Intoxicated.
A DUI criminal defense attorney or an OWI defense lawyer is a professional who specializes in drunk driving, drugged driving and driving while intoxicated cases and will represent the driver arrested and charged with an OWI or DUI. For over 20 years, Mullen, Schlough & Associates S.C. specialized in Wisconsin DUI laws and worked with accused drivers in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin.
An OWI defense attorney will help the accused driver to understand the OWI charges and recommend the best strategy to follow. They will also represent the driver in court. The OWI law firm will also gather and organize details and handle the administrative procedures involved.
The state and prosecution can often prove that the defendant is guilty. But when arguing a DUI case, an OWI criminal defense attorney can defend the accused driver’s rights and status against any proof the prosecution may anticipate introducing. A DUI defense lawyer can assist you with setting up a strong defense argument to present in court.
The court process for a DUI offense may be very long for this kind of conviction. If you are accused of operating while intoxicated (OWI) or driving under the influence (DUI) crimes, you will attend a few hearings starting with the Department of Motor Vehicles and ending with a final hearing at the County or State Court.
While you may plead guilty to these charges, an experienced DUI / OWI defense attorney will work, on your behalf, to get a large number of these charges dropped or reduced early in the process. For example, a DUI / OWI defense lawyer may suggest going into a plea bargain or sentence bargain. Or the experienced DUI lawyer may file a motion to overthrow his or her client’s statements if arrested. Your criminal defense attorney may even schedule an evidentiary hearing to reveal the evidence that the persecution holds against their client.
DUI / OWI defense attorneys should have deep knowledge about their state’s drunk and drugged driving laws. In order to cross-examine efficiently, It’s important to obtain all of the available proof at the time of arrest. Then have the option to compare those details with the witness’ testimony. The role of an OWI / DUI criminal defense attorney is to focus on the questions being asked in order to counter the prosecution’s argument. While the state witness testifies on direct assessment by the prosecutor.
As OWI criminal defense attorneys, it’s our duty to have expertise in Wisconsin DUI laws so we can help our clients understand their rights and options while helping with their negotiations with prosecution. Hiring a criminal defense law firm such as Mullen, Schlough & Associates S.C. means you will have highly organized OWI specialists with competent critical thinking skills on your side to best assess your best options.[/vc_column_text][/vc_column][/vc_row]
OWI Defense Laws in Wisconsin
[vc_row][vc_column][vc_column_text]Being charged with an OWI (Operating While Intoxicated) or DUI (Driving Under the Influence) are serious crimes in Wisconsin and there are many facts to know about how it can impact your conviction. Although an OWi charge can be, and usually are, a strain on your life, do not panic because not all DUI charges lead to convictions. Especially if you prioritize contacting a Wisconsin OWI criminal defense attorney immediately to review your case and begin the process.
Mullen Schlough & Associates S.C. — located in Chippewa Falls, WI — has handled OWI cases throughout Chippewa County, Eau Claire County, Dunn County and Barron County for over 20 years. They offer payment plans and are happy to discuss your options.
Common DUI questions and answers you may find helpful in your discussion include:
Did the law official have a rightful reason to make a traffic stop?
If not, then your DUI Lawyer may dispute the stop by getting evidence, such as the blood or breath test and the field sobriety tests, suppressed.
Did the law official have probable cause to spark your traffic stop?
Your OWI Defense Lawyer can look deeper into what caused the traffic stop and if it warranted a probable cause to administer the PBT which led to making your arrest. If the police officer lacked evidence, this may lead to your evidence getting suppressed.
How did the law official handle the field sobriety test?
The Wisconsin Police Department trains their police officers to conduct three typical field sobriety tests. If there is a mistake in the way your Nystagmus, Horizontal Gaze, the Walk and Turn or One Leg Stand was handled, your OWI defense attorney can use those details to help lighten your conviction.
Was your BAC (Blood Alcohol Curve) .08 or higher?
If you answered yes, this does not mean the end of disputes. Your OWI Lawyer may argue that the laboratories or machines malfunctioned and made errors. A careful review of the records may lead to convincing arguments for a jury.
What is the Blood Alcohol Curve Defense?
The Blood Alcohol Curve Defense is based on the absorption rate of alcohol and the time of the very last drink. Similar to disputing the accuracy of the chemical test defense, your DUI Lawyer can argue that at the time of operation your blood alcohol level was lower than a .08.
Often the law enforcer in this situation does not actually observe the driver operating the car in question. They may, instead, find the individual sleeping or passed out on the side of the road. In these types of situations, the blood or breath test may not bear the same weight. This is the type of thing that an experienced OWI Defense Lawyer can gather and present in order to help your case.
WHAT TO KNOW ABOUT WISCONSIN’S LICENSE SUSPENSION RULES:
In 1st offense cases, the Wisconsin DUI Criminal Attorneys at Mullen Schlough & Associates S.C. can appear on your behalf. These Drunk Driving Defense Attorneys will assist you and guarantee that each step of the process is completed.
When you’re accused of alcohol or drug intoxication you face a suspension as well as a revocation of your driver’s license. For an OWI offense, your Wisconsin driver’s license will be disavowed upon conviction. Be that as it may, your license might be suspended authoritatively before a conviction for 6 months.
A WI driver’s license will be suspended 1 month in the wake of accepting a Notice of Intent to Suspend on the off chance that you don’t ask for an administrative review hearing or if you lose the administrative hearing. For a first offense OWI in Wisconsin, your driver’s license will be repudiated for at least 6 months and may be repudiated for as long as three years for a third offense or more.
Whether your case is a DUI or an OWI causing injury or vehicular manslaughter, an OWI Defense Attorney is necessary to understand your rights and guide you in the right direction. Contact Mullen Schlough & Associates S.C. We are ready to provide assistance for your situation. [/vc_column_text][/vc_column][/vc_row]
Under Age Drinking DUI
[vc_row][vc_column][vc_column_text]Step 1 is to hire an under age drinking defense lawyer
With school back in session and social activities like football tailgating back on the map, we often see a spike in OWIUI / DUII criminal arrests of young Wisconsin drivers. Many are under the legal drinking age. Most don’t understand that, unfortunately, OWIoperating while intoxicated punishments are much more severe when the driver is under 21 years of age.
One error in how the case is handled can be damaging to the future of this driver. That is why it’s urgent that you contact an experienced juvenile DUI defense attorney if you or a younger family member is facing juvenile DUI I charges in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin
A FIRST OFFENSE DOES NOT EQUAL EASIER SENTENCE
A 1st time DUI offense for a juvenile driving under the influence of alcohol often ends up with a fine of hundreds of dollars plus a suspended driver’s license for up to 9 months. This penalty is the same as for an adult, however, it can become more serious if additional convictions occur.
For example, if an additional OWII conviction happens within 10 years of the 1st conviction, the fines can begin around $300 and could go as high as $1000, plus an additional 12 months in prison, and a suspended driver’s license for at least 12 months. The immediate financial and social strain is just the beginning of the consequences that will ensue.
Younger drivers are already thought of as an at-risk group with regards to safe driving in general. Even if the driver has just one drink, the penalties for juvenile drunk driving are more severe than for adults 21 years or older. The DUI law in Wisconsin for minors incorporates a zero tolerance policy for juvenile drunk or drugged drivers.
Any BAC reading above 0.00% is considered a juvenile OWI crime and does not stop at alcohol consumption. Drivers can be charged for the same DUI crimes if they’re pulled over for driving with any unlawful, impairing substance including weed or prescription drugs in their system.Interstingly enough, an individual who is 21 and over with a .08 BAC or below does not receive an DUI charge consequently.
Another major downfall for the driver is that car insurance rates will surge for juveniles convicted of OW in Wisconsin – especially if the individual has more than one prior offense. A juvenile DUI conviction may lead to impactful, long-term financial harm such as additional premium costs every month. Or worse, no insurance since the company can drop policies without any warning or opportunity to renew.
A DEFENSE LAWYER WHO SPECIALIZES IN JUVENILE OWI IS CRUCIAL
runk driving charges or driving under the influence (DUI) or operating while intoxicated (OWI) charges are very complex which is why it’s so vital that you hire an expert defense lawyer who specializes in juvenile DUI and OWI cases.
The average person most likely has not been informed about the many detailed processes involved in bodily specimen tests. Often a DUI criminal defense lawyer OWI criminal defense attorneyr will find mistakes or incorrect readings when it comes to proof of cannabis, alcohol, or even over the counter drugs that come with warnings about operating heavy machinery while taking.
A seasoned juvenile criminal defense attorney with experience in this area can really scrutinize the process of how the blood was evaluated and whether the equipment used to examine the results was properly functioning.
There may also be many other defenses such as constitutional violations and defenses corresponding to a juvenile OWI charge, which an unpracticed and inexperienced individual will not be able to comprehend. Just another reason that these complicated DUI cases require someone who has the skill and expertise in defending them.
If you or someone you know has been charged with juvenile OWI in Wisconsin, it’s urgent that you hire the best juvenile OWI lawyer in Wisconsin to defend your case. Contact the attorneys at Mullen Schlough & Associates S.C. today for a free consultation and to learn about payment plans.[/vc_column_text][/vc_column][/vc_row]
MEDICATIONS DRIVING UNDER THE INFLUENCE
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Getting pulled over and accused of a DUI, DWI or OWI charge from the police officers of Chippewa Falls, Eau Claire County, Chippewa County, Eau Claire, Dunn County, Chippewa County, Menomonie, Claire County, Rice Lake and Barron County, Wisconsin can lead to serious charges for a driver. Especially if they do not immediately contact a DUI attorney to help them understand what they’ve been charged with. One of the most common and most dangerous misconceptions is that an individual needs to be drunk to be arrested for this offense. But an OWI, DUI or DWI charge can extend to much more than alcohol.
If convicted of drugged driving (including prescription drugs), you could face a considerable fine, substance abuse counseling, a driver’s license suspension or revocation, prison time, and even the installation of an IID (ignition interlock device). These penalties can increase to a larger extent if certain aggravating factors happen to be present in your case.
There can be a lot of time and money spent in fighting a case like drug driving. This can have a negative impact on our job and your family. For instance, if you’re convicted of drug driving, you will have to attend a rehabilitation facility plus an impaired driver education program.The judge will most likely suspend your driver’s license for up to three years, depending on the conditions of your case which makes it that much harder to get to your required court hearings and programs. That’s the reason speaking with a criminal defense attorney needs to be your first step.
The DUI / OWI criminal defense lawyers at Mullen Schlough & Associates S.C. have years of experience in drug and drunk driving-related offenses. They always have your best interests in mind as they represent you in drug intoxication cases and offer guidance so you can put these serious charges behind you as soon as possible.
An example of how your DUI attorney can help you is by questioning what took place during your arrest. Was your physical behavior (including speech) normal at the time of your arrest? If so, Mullen Schlough & Associates S.C. can use this to your advantage in defending your drug intoxication case as the prosecution tries to demonstrate that you were extremely intoxicated and unable to care for your own safety or as a danger to others.
As a DUI / OWI criminal defense law firm with expertise in drug intoxication defense legal services, Mullen Schlough & Associates S.C. has many years of experience and expertise to be able to represent you in even the most difficult of legal challenges that you may be facing.
Here is a list of Drug Possession Defenses for reference:
States where medical marijuana has been legalized typically require a doctor’s signed recommendation. But some of those states also accommodate an affirmative defense by individuals arrested on marijuana possession charges who can show clear and credible evidence of medical necessity.
The prosecution must demonstrate that a seized substance is indeed the illegal drug it claims it is by sending the proof to a crime lab for examination. The crime lab analyst at that point must bear witness at trial in order for the prosecution to put forth its case.
Here, prosecutors who lose or otherwise lack the actual drugs risk having their case dismissed. Seized drugs usually get transferred numerous times before being left in the evidence locker, so it should never be assumed that the proof still exists during trial.
The Fourth Amendment to the U.S. Constitution ensures the privilege of fair treatment of law, including legal search and seizure methods before an arrest. Search and seizure issues are a regular territory for drug possession defenses.
Illegal medications found on display might be seized and utilized as proof. Be that as it may, drugs found in a hidden place can’t be entered into evidence. In the event that the defendant’s Fourth Amendment rights were violated, at that point the drugs can’t be utilized at trial and the charges normally are dropped.
This is when you claim the drugs do not belong to you. A defense lawyer will pressure prosecutors to prove that the illegal substance found in the car belonged to someone else.
While law enforcement officials are allowed to set up smart operations, entrapment occurs when police officers or sources initiate a suspect to commit a crime he or she otherwise may not have committed. If a source pressures a suspect into passing drugs to a third party, for instance, then this may be viewed as entrapment. Entrapment takes place where the state provides the drugs being referred to.
The DUI / OWI defense attorneys of Mullen Schlough & Associates S.C. have successfully litigated legal challenges and trials in DUI / OWI cases resulting in dismissals and acquittals on many occasions. They have even helped drivers accused of driving under the influence avoid jail, preserve driving privileges and protect a good record. They even offer payment plans.
The obvious only way to completely prevent legal trouble is to never get behind the wheel if you’ve been taking drugs of any kind (from over-the-counter medication that comes with a warning such as cough medicine to recreational drugs like marijuana). And if you may feel that your drug or alcohol consumption might be getting “out of control”, click the following link: https://www.help.org/prescription-drug-addiction-and-abuse.
For more information or to learn about our services and payment options visit Mullen,Schlough & Associates S.C.[/vc_column_text][/vc_column][/vc_row]
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