An OWI charge is a major wake up call!
Receiving an OWI charge is a major wake up call and if not handled correctly, can have severe consequences. But not all DUI charges lead to conviction! 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 made aware about the types of scenarios that can impact your OWI / DUI 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 the 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.
If you don’t request an administrative review hearing or even lose the hearing, your license could be suspended for 30 days. 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.
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.
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.
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.
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 YOU SHOULD 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.
Drug Possession Defenses You Should Know
In Chippewa Falls, Eau Claire County, Chippewa County, Eau Claire, Dunn County, Chippewa County, Menomonie, Claire County, Rice Lake and Barron County, Wisconsin, a DUI or an OWI can be a very serious offense if charged at any age. A misconception most believe is that the driver needs to be drunk for one of these charges, but that is false. A DUI or an OWI goes beyond alcohol.
If you’re convicted of drugged driving, even on prescription drugs, you could face huge fines. You could also face a license revocation or suspension, jail time, substance abuse counseling, and the installation of an IID (ignition interlock device.) These punishments can get more severe if aggravating factors also come into play.
These convictions can affect your job and family as well. A lot of money is spent fighting these cases along with possibly attending a rehabilitation facility or a drivers education program. The judge can suspend your license for up to 3 years depending on the condition of your case, which can impact your ability to acquire your court hearings and programs. Speaking with a criminal defense lawyer should be top priority when this happens.
The OWI or DUI criminal defense attorneys at Mullen Schlough & Associates S.C. have over 20 years of experience in drug and drunk driving-related offenses. They will represent you in drug intoxication cases and offer guidance so you can put these serious charges behind you as quickly as possible.
Your criminal defense attorneys will ask questions such as; What happened during your arrest? Or, Was your physical behavior normal at the time of arrest? The attorneys at Mullen Schlough & Associates S.C. can use this to your advantage as the prosecution tries to claim how much of a danger you were to yourself and others.
As OWI criminal defense attorneys with deep experience with drug intoxication defense legal services, Mullen Schlough & Associates S.C. are the most experienced and well equipped to represent you in even the harshest charges you may be facing.
Here is a helpful list of Drug Possession Defenses to brush up on:
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.
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.
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.
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.
While Illegal medications found on display might be seized and utilized as proof, drugs found in a hidden place cannot be included as evidence. If the defendant’s Fourth Amendment rights were violated, the drugs cannot be used at trial and the charges are often dropped.
At Mullen Schlough & Associates, the best DUI and OWI lawyers have litigated the most challenging of DUI / OWI cases resulting in successful dismissals and acquittals on many occasions. They’ve helped those accused avoid prison, revocation or suspension of drivers licenses, and maintain a clean record. Their payment plans offered make it much easier for those who need legal help to acquire it.
The number one way to prevent any of these charges is to never get behind the wheel if under the influence of drugs of any kind (including over the counter medications that come with a warning.) If you 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.
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]
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