OWI / DUI Defense Laws in Wisconsin
The Federal Bureau of Investigation has shared that over 1.4 million drivers have been arrested for the criminal offense of drunk driving in just the past few years. A DUI (driving under the influence), DWI (driving while intoxicated) or an OWI (operating while intoxicated which can mean drugs, alcohol or medication) criminal offense is determined when the driver’s blood alcohol content surpasses the lawful level somewhere in the range of 0.05% and 0.08%. An aggravated classification of the offense may exist in specific jurisdictions when the blood alcohol content surpasses 0.12%. Contingent upon the jurisdiction, the individual can be sentenced and should secure a DUI/OWI defense attorney as soon as the individual is accused of drunk driving.
A DUI/ OWI defense lawyer is a criminal defense lawyer that specializes in taking care of DUI/ OWI cases as well as representing drivers arrested and charged with a DUI or OWI. For over 20 years, Mullen, Schlough & Associates S.C., located in Chippewa Falls has handled such cases in Chippewa County, Eau Claire County, Dunn County and Barron County specializing in Wisconsin OWI laws.
An essential responsibility of an OWI defense attorney is to clarify the DUI charges to a client, recommend the best strategy to follow, and represent the driver in court. The DWI law firm also gathers and organizes details and handles the administrative procedures involved.
When arguing DUI/ OWI cases and criminal offense, the state and prosecution can always prove a defendant guilty. The job of a DUI/ OWI defense lawyer is to help you in defending your rights and status against any proof the prosecution may anticipate introducing. DUI/ OWI defense attorneys can assist you with setting up a defense argument you can present in court.
The court process for a DUI offense can be very long for this sort of conviction. If you are accused of driving under the influence (DUI) and operating while intoxicated (OWI) crimes, you will endure a few hearings starting at the Department of Motor Vehicles and concluding with a final hearing at the County or State Court.
While one can plead guilty to these charges, an experienced DUI / OWI defense lawyer will aim, 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 recommend going into a plea bargain or sentence bargain. Or the DWI attorney may file a motion to overthrow his or her client’s statements if arrested. Your criminal law attorney may even schedule an evidentiary hearing in order to reveal the evidence the persecution holds against his/her client.
To cross-examine efficiently, it is crucial to gather all the proof available at the time of arrest. Then have the option, afterwards, to compare with the witness’ testimony. While the state witness is testifying on direct assessment by the prosecutor, the role of a DUI/ OWI defense lawyer is to focus on the questions being posed so as to counter the prosecution’s argument.
DUI / OWI defense lawyers should have a great understanding of their particular state’s drunk driving laws. As OWI attorneys we have expertise in Wisconsin DUI laws and help our clients understand their rights and options while assisting their negotiations with prosecution. Hiring a 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.
OWI Punishments More Severe for Teen Drivers
High school and college students are heading towards the finish line of their school year and with that comes parties and, unfortunately, some bad choices. This time of year, police officers in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin often see a rise in OWI / DUI criminal arrests and it’s not uncommon that some of those drivers are under the legal drinking age.
What many teens do not realize is that in Wisconsin DUI driving under the influence or OWI operating under the influence punishments are more severe when the driver is under 21.With so much at stake, it’s crucial that you contact an experienced juvenile DUI attorney if you or a younger family member is facing juvenile OWI charges.
THERE’S NO SUCH THING AS A WRIST SLAP FOR A FIRST OFFENSE
A first time juvenile DUI offense for driving under the influence of alcohol or weed is often met with a fine of a few hundred dollars as well as a suspended driver’s license for up to 9 months. While this penalty is the same as for an adult, more severe penalties will arise if additional convictions occur.
If another DUI conviction happens within 10 years of the first, the fines can go up to $1000 and include a year in prison. That’s not all, it will most likely lead to a suspended driver’s license for at least one year, if not more. Obviously, this can have an immediate financial and social impact and that is just the beginning.
Newer drivers are already viewed as an at-risk group with regards to safe driving in general. Even if the driver had just one drink, the penalties for juvenile drunk driving are stricter than those for drivers who are 21 years or older. In Wisconsin, the OWI law for minors has a zero tolerance policy for juveniles caught driving with any unlawful, impairing substance such as weed or prescription drugs in their body system. Any BAC reading above 0.00% is counted as a juvenile DUI crime but individuals who are 21 and over with a .08 BAC or below do not receive an OWI charge consequently.
A juvenile OWI conviction for just one offense will have a negative, long-term financial impact too, such as additional premium costs every month or, even worse, no insurance since the company may drop policies without warning or a chance to renew.
A DEFENSE ATTORNEY SPECIALIZED IN JUVENILE DUI IS VITAL
Drunk driving charges or OWI/DUI (operating while intoxicated or driving under the influence) charges are very complex which is why it’s so vital that you hire an expert defense lawyer specialized in juvenile OWI and DUI cases.
As an example, there are many detailed processes involved in bodily specimen tests. Often an OWI defense lawyer will discover mistakes like incorrect readings when it comes to proof of alcohol, marijuana or even prescription drugs that come with warnings about operating heavy machinery while taking.
An experienced juvenile criminal defense lawyer with expertise in this area can scrutinize the process of how the blood was evaluated and whether the equipment used to examine the results was functioning properly.
There can also be many other defenses such as constitutional violations and defenses relating to a juvenile DUI charge, which an unpracticed individual will not be able to understand. This is why these complicated DWI cases require someone who has the skill and knowledge in defending them.
If you or someone you know has been charged with juvenile OWI in Wisconsin, it’s crucial to hire the best juvenile DUI 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 their payment plans..
OWI / DUI Criminal Defense Laws in WI
In the past few years, over 1.4 million drivers have been arrested driving under the influence, according to the Federal Bureau of Investigation. An OWI (operating while intoxicated or a DUI (driving under the influence), isn’t just alcohol , it also includes drugs and prescribed medication).
If the driver’s blood alcohol content surpasses the lawful level somewhere in the range of 0.05% and 0.08%, it becomes a criminal offense. An aggravated classification of this offense can exist in certain jurisdictions when the blood alcohol content goes over 0.12%. The driver, contingent upon the jurisdiction, may be sentenced which is why he or she should speak to a DUI/OWI defense lawyer as soon as the individual is accused of an OWI.
A DUI/ OWI criminal defense attorney is a lawyer who specializes in DUI/ OWI cases as well as representing the driver arrested and charged with an OWI or DUI. Mullen, Schlough & Associates S.C., located in Chippewa Falls has handled such cases in Chippewa County, Eau Claire County, Dunn County and Barron County has been specializing in Wisconsin DUI laws for over 20 years.
A major responsibility of a DUI defense lawyer is to explain the OWI charges to a client, recommend the best strategy to follow, and represent the driver in court. The DUI law firm will also gather and organize details and handle the administrative procedures involved.
When arguing DUI/ OWI criminal offense cases, the state and prosecution can often prove that the defendant is guilty. But a DUI/ OWI criminal defense attorney can defendi the driver’s rights and status against any proof the prosecution may anticipate introducing. DUI/ OWI defense lawyers can assist you with setting up a defense argument to present in court.
The court process for an OWI 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 attorney 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 lawyer may even schedule an evidentiary hearing to reveal the evidence that the persecution holds against his/her client.
To cross-examine efficiently, it is important to obtain all of the proof available at the time of arrest. Then have the option to compare those details with the witness’ testimony. The role of a DUI/ OWI 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.
Hiring a defense law firm such as Mullen, Schlough & Associates S.C. means you will have highly organized DUI specialists with competent critical thinking skills on your side to best assess your best options.
DUI / OWI defense attorneys should have deep knowledge about their state’s drunk and drugged driving laws. As DUI criminal defense lawyers, 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.
What should I do if I have an OWI?
Helpful Expert Advice about DUI Laws in Wisconsin
Receiving a DUI charge can be a frightening wake up call and, if not handled properly, you can slip down a bad path of financial issues, freedoms and other necessities for a happy life. But not all OWI charges lead to convictions. Before you panic, schedule a free discovery call with your local DUI criminal defense attorney for top line guidance on how best to proceed with your charges.
Many drivers do not know that there are many factors that can impact your DUI (Driving Under the Influence) conviction in the state of Wisconsin. For example, it’s possible that the police officer did not actually observe the individual operating the car in question but simply found the driver asleep on the side of the road. In a situation like this, the breath or blood test may not bear the same weight.
This is a great example of why an experienced OWI defense lawyer should be contacted immediately. After all, they can come to your rescue by gathering and presenting these kinds of details to aid your case.
Your Wisconsin driver’s license can be suspended 30 days after 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. This is why speaking with and enlisting the help of a DUI defense attorney is so invaluable.
Here are some additional DUI Q&A that you may find useful
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 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.
THINGS TO KNOW ABOUT LICENSE SUSPENSION in the state of Wisconsin:
In first offense cases, the Wisconsin OWI criminal defense law firm, at Mullen Schlough & Associates S.C., can appear on your behalf. Your DUI Defense legal team will be able to support 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.
Drugged Driving Laws in WI
Marijuana, Prescription and Over-the-Counter Medications
Most often people discuss drunk driving and its consequences. But there needs to be a higher level of knowledge about driving under the influence of drugs. Especially for the fact that it includes OTC (over the counter) medication.
A DUI (driving under the influence) includes alcohol, marijuana, prescribed drugs plus over-the-counter medications such as: antacids, acetaminophen, antihistamines, aspirin, laxatives and decongestants. If you have been arrested for driving under the influence, and charged with drug intoxication or DUI, the first step should be to speak with a criminal defense lawyer who knows the laws in Wisconsin.
In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County , drug offenses are categorized by the substance, the amount and any prior records the driver may have. It can also be classified by the level of addictive effect and abuse. This crime will be classified as a misdemeanor or felony based on circumstantial data. The intricacy of the Wisconsin drug statutes are best handled by a criminal attorney with comprehensive knowledge of drug charge defense strategies.
Let’s say, for example, that you were able to talk and behave in a normal way when you were pulled over. The prosecution will try to prove that you were so intoxicated that you were unable to care for your own safety or a danger to others. But your criminal defense attorney can use those facts to your advantage when defending your drug intoxication case.
A DUI or OWI charge will most likely result in the judge suspending your driver’s license for six months or up to several years, depending on the details of your case. A drug intoxication conviction In WI, can also land you in a mandatory stay at a rehabilitation facility as well as attending an impaired driver education program. For all of these cases, it will certainly impact your work, your bank account and your social life.
The best plan of action, of course, is to never get behind the wheel if you have ingested any kind of drugs (whether it’s a recreational drug like weed or over-the-counter meds that are accompanied with a warning about operating any kind of heavy machinery after taking).
Unfortunately, it does not matter if this is a driver’s 1st offense or if it is their third offense and they have made some mistakes in the past. DUI cases always boil down to the law and the details. If a person has always had a good record, they should not expect the government to offer them a pass. The driver’s case needs to be meticulously examined and analyzed before an attack strategy can be implemented.
HELPFUL INFO:
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.
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.
As an OWI / DUI criminal defense law firm with expertise in drug intoxication defense legal services, Mullen Schlough & Associates S.C. is prepared, and well qualified to represent you in even the most difficult of legal challenges you may be facing. For reference, here is a list of Drug Possession Defenses. And as an aside, if you are thinking your drug or alcohol consumption might be “a little out of control”, click the following link: https://www.help.org/prescription-drug-addiction-and-abuse.
Mistakes do happen so if you do find yourself in this unfortunate situation, contact the OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C. who are experienced in drug and driving-related offenses. They will take great care representing you in your drug intoxication case and offer clients payment plans. You will receive professional advice to help you put these serious charges behind you as quickly as possible.
Advice from a DUI Criminal Defense Lawyer
Every year, millions of drivers are arrested for a DUI (driving under the influence of alcohol, drugs, or medication) This criminal offense is determined when the driver’s blood alcohol content is above the lawful level range of 0.05% and 0.08%. If the level is 0.12%, it moves into an aggravated classification of the offense in specific jurisdictions. No matter what OWI offense you’ve been charged with, you secure an OWI defense attorney or DUI lawyer immediately!
An OWI criminal defense lawyer represents drivers who have been arrested and charged with an OWI (operating while intoxicated). A top responsibility of a DUI defense attorney is to explain the DUI charges to the driver with easy to understand explanations, make suggestions on how to approach the charges and then represent the driver in court. A DUI lawyer is helpful in gathering and organizing all of the details and administrative procedures involved to ensure that nothing falls through the cracks. The main goal is to provide the driver with ease and help move past the charges as quickly as possible.
The court process for an OWI offense can be very long for this type of conviction. If you are accused of driving under the influence (DUI) or operating while intoxicated (OWI) crimes, you could endure many hearings beginning with the Department of Motor Vehicles and ending with a final hearing at the County or State Court.
With an experienced OWI defense attorney you may not have to plead guilty or the DWI criminal defense lawyer may get a large number of these charges dropped or reduced early in the process. A DUI lawyer may file a motion to overthrow his or her client’s statements if arrested. Or the DUI / OWI criminal defense lawyer may suggest a plea bargain or sentence bargain.
During the cross-examination, it is important to collect all available proof from the time of arrest and then compare with the witness’ testimony. The OWI criminal defense attorney focuses on the questions being posed so as to counter the prosecution’s argument while the state witness is testifying on direct assessment by the prosecutor.
The state and prosecution can always prove a defendant guilty when arguing OWI or DUI cases and criminal offenses. A DUI defense lawyer has a responsibility to help you defend your rights and status against any proof the prosecution may anticipate introducing. OWI defense lawyers will assist you with setting up a defense argument you can present in court.
DUI / OWI defense lawyers should have a deep understanding about their particular state’s drunk driving laws. For over 20 years, Mullen, Schlough & Associates S.C., located in Chippewa Falls has handled such cases in Chippewa County, Eau Claire. They help individuals understand their rights and options while assisting their negotiations with prosecution.
Hiring a OWI criminal defense law firm such as Mullen, Schlough & Associates S.C. means you will have highly organized DUI specialists with competent critical thinking skills on your side to best assess your best options. Call today to discuss your case and to learn about payment plans.
What to Know About a DUI Charge in Wisconsin
An OWI charge is a huge strain on your life. But don’t panic, because not all DUI charges lead to convictions especially if you bet on an OWI criminal defense attorney or DUI Lawyer.
There are several factors that can impact your OWI (Operating While Intoxicated), DUI (Driving Under the Influence), or DWI (Driving While Intoxicated) conviction in the state of Wisconsin . For example the police officer who makes the arrest may not have actually observed the driver operating the car in question. They may simply find the driver passed out on the side of the road or sleeping in the driver’s seat. When this occurs, the blood or breath test may not bear the same weight. This is something that a seasoned DUI defense attorney can come to your rescue to gather and present all of these details to help your case.
Knowledge such as this is why it is urgent that you contact an OWI defense lawyer right away to discuss your case and start the process. Mullen Schlough & Associates S.C. — has successfully handled OWI cases in Chippewa County, Eau Claire County, Dunn County, Rice Lake and Barron County for over 20 years. They offer a free consultation and payment plans. In the meantime, here are some common DUI / OWI questions and answers you will find helpful:
Did the police officer have probable cause to inspire your traffic stop?
Your Drunk or Drugged Driving Criminal Defense Attorney can investigate what led to the traffic stop and if it warranted a probable cause to administer the PBT which lead to making your arrest. If the police officer lacked evidence, this can lead to your evidence getting suppressed.
Did the police officer have a rightful reason to make a traffic stop?
If not, then your DUI attorney or OWI lawyer can dispute the stop by collecting evidence, like the blood or breath test and getting the field sobriety tests suppressed.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If yes, this does not mean it’s the end of the dispute. Your DUI attorney can argue that the laboratory machines malfunctioned and made errors. A detailed 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 correctness of the chemical test defense, your OWI attorney may argue that at the time of operation your blood alcohol level was lower than a .08.
How did the police manage the field sobriety test?
The Wisconsin PD are trained to conduct three typical field sobriety tests. If there is a mistake in the way your One Leg Stand, Horizontal Gaze Nystagmus test, or the Walk and Turn was handled, then your DUI criminal defense lawyer can use that to help lighten your conviction.
WHAT TO KNOW ABOUT LICENSE SUSPENSION in the state of Wisconsin:
If this is your first offense, the Wisconsin OWI criminal defense lawyers at Mullen Schlough & Associates S.C. can appear on your behalf. These Drugged or Drunk Driving Defense Lawyers can make sure that each step of the process is completed
When you are accused of drug or alcohol intoxication you may face a suspension or a revocation of your driver’s license. For an OWI offense in Wisconsin, your license will be suspended authoritatively before a conviction for 6 months and disavowed upon conviction.
A Wisconsin driver’s license will be suspended 30 days in the wake of accepting a Notice of Intent to Suspend if you don’t ask for or lose an administrative review hearing.
Whether your case is an OWI causing injury or vehicular manslaughter, a Drunk or Drugged Driving Lawyer 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.
DUI OWI Criminal Defense Laws in Wisconsin
The National Highway Traffic Safety Administration estimates 1.5 million people have been arrested in any given year for DUI driving under the influence of alcohol or drugs including prescribed medication. Another staggering fact is that Wisconsin Reports the 8th Highest Drunk Driving Rate in the Country. If you have been charged with an OWI or a DUI in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI, you should speak to your local DUI criminal defense lawyer immediately.
A DUI/ OWI criminal defense lawyer is an attorney dedicated to OWI and DUI cases and can speak on behalf of the driver arrested and charged with a DUI∫ or OWI. Mullen, Schlough & Associates S.C., located in Chippewa Falls, has handled such cases in Chippewa County, Eau Claire County, Dunn County, and Barron County has been specializing in Wisconsin DUI laws for over 20 years.
Mullen, Schlough & Associates S.C.. are DUI / OWI defense attorneys who are experts in Wisconsin’s drunk and drugged driving laws. The DUI law firm is responsible for gathering, organizing details, and handling the administrative procedures needed. It’s their responsibility to have expertise in Wisconsin DUI laws so you can understand your rights and options to reaching terms with the prosecution.
When handling a DUI or OWI criminal offense case, the state and prosecution will try to prove that the defendant is guilty. However, an OWI criminal defense lawyer can defend the driver’s rights and status against what the prosecution reveals during the hearing. DUI criminal defense attorneys will help you create a solid defense argument to defend in court.
The court process for a DUI offense may be tedious. The accused driver with operating while intoxicated (OWI) or driving under the influence (DUI) crimes will need to attend mandatory hearings beginning with the Department of Motor Vehicles and concluding with a final hearing at the County or State Court.
A seasoned OWI defense lawyer or DUI attorney will work, on your behalf, to get most of these charges dropped early in the process. For example a DUI / OWI defense lawyer may suggest going into a sentence bargain or plea bargain. The experienced OWI attorney could file a motion to overthrow their client’s statements if arrested. Your criminal defense attorney may even schedule an evidentiary hearing to disclose the evidence that the persecution holds against the accused driver.
Acquiring all of the proof available at the time of the arrest is a must to differentiate those details from the witness’ testimony. The OWI / DUI defense lawyer must focus on the questions being asked to contrast the prosecution’s argument during the time where the state witness testifies on the direct assessment by the prosecutor.
Working with a defense law firm such as Mullen, Schlough & Associates S.C. means you have a well-organized OWI specialist competent enough to have critical thinking skills to assess your options best. Start today with a free call and ask about payment plan options.
HOW TO HANDLE A DRUG DRIVING CHARGE
A DUI or an OWI is not limited to alcohol. A driver under the influence of drugs, including prescription or even over-the-counter medications is just as damaging with a long-lasting impact on your record and finances. Getting pulled over and accused of a DUI or OWI charge from police officers in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI can lead to serious charges.
Don’t worry, you might be able to beat the charges if you have the right DUI criminal defense attorney by your side. Mullen Schlough & Associates S.C. has decades of experience defending clients who have been charged with a DUI or OWI and offer a free consultation and a payment plan. The OWI / DUI defense lawyers of Mullen Schlough & Associates S.C. have successfully litigated legal challenges and trials in DUI or OWI cases resulting in dismissals and acquittals. They have successfully helped drivers accused of operating while intoxicated avoid jail, keep driving privileges and protect their record.
One way your DUI criminal defense lawyer can save you aggravation and wasted time is by cutting to the most important questions regarding your case such as “was your physical behavior and speech considered normal at the time of your arrest?” If the answer is yes then your OWI criminal defense attorney can use this to your advantage in defending your DUI case when the prosecution tries to prove that you were intoxicated to the point of being a danger to yourself or others.
Of course, never get behind the wheel if you have taken any kind of drugs (including recreational drugs like weed or over-the-counter medication with warnings such as cough medicine).
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.
Penalties You May Face:
If you are convicted of a drug related OWI, you may be required to take time away from your job and family to complete an impaired driver education program at a rehabilitation facility.
In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI, the judge will most likely suspend your driver’s license for up to 3 years, depending on the conditions of your drug driving DUI case.
The following is a list of Drug Possession Defenses. And as an aside, if you are thinking your drug or alcohol consumption might be “a little out of control”, click the following link: https://www.help.org/prescription-drug-addiction-and-abuse.
The prosecution has to demonstrate that the substance they seized is absolutely the illegal drug they claim it is by sending the proof to a crime lab for examination. The crime lab analyst must then bear witness at trial in order for the prosecution to put forth its case.
A defense lawyer can argue with prosecutors to prove that the illegal substance found in the car did not belong to you which can help lessen or dismiss your case.
Entrapment happens when police initiate a suspect to commit a crime he or she otherwise may not have committed. If a law official pressures a suspect into passing drugs to a third party, for example, this can 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.
Prosecutors who lose or lack the drugs in question are at risk in their case being dismissed. Drugs that were seized are often transferred many times before making it into the evidence locker, so never be assume 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.
If convicted of drugged driving (including prescription drugs), you could face a fine, driver’s license suspension or revocation, substance abuse counseling, jail time, and installation of an ignition interlock device (IID). These penalties can increase to a large extent if certain aggravating factors are present.
Mullen Schlough & Associates S.C. have years of experience and expertise to represent you in even the most difficult of legal challenges that you may be facing. They will have your best interests in mind as they represent your drug intoxication case and they can even offer payment plans. Most importantly, Mullen Schlough & Associates S.C. offer guidance to quickly put these serious charges behind you.
Drug Driving Laws in WI
Weed, Prescription and Over-the-Counter Meds
Most often people discuss drunk driving and its consequences. But there needs to be a higher level of knowledge about drug driving. Especially for the fact that it includes OTC (over the counter) medication.
A DUI (driving under the influence) includes alcohol, marijuana, prescribed drugs plus over-the-counter medications such as: antacids, acetaminophen, antihistamines, aspirin, laxatives and decongestants. If you have been arrested for driving under the influence, and charged with drug intoxication or DUI, the first step should be to speak with a criminal defense lawyer who knows the laws in Wisconsin.
In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County , drug offenses are categorized by the substance, the amount and any prior records the driver may have. It can also be classified by the level of addictive effect and abuse. This crime will be classified as a misdemeanor or felony based on circumstantial data. The intricacy of the Wisconsin drug statutes are best handled by a criminal attorney with comprehensive knowledge of drug charge defense strategies.
Let’s say, for example, that you were able to talk and behave in a normal way when you were pulled over. The prosecution will try to prove that you were so intoxicated that you were unable to care for your own safety or a danger to others. But your criminal defense attorney can use those facts to your advantage when defending your drug intoxication case.
A DUI or OWI charge will most likely result in the judge suspending your driver’s license for six months or up to several years, depending on the details of your case. A drug intoxication conviction In WI, can also land you in a mandatory stay at a rehabilitation facility as well as attending an impaired driver education program. For all of these cases, it will certainly impact your work, your bank account and your social life.
The best plan of action, of course, is to never get behind the wheel if you have ingested any kind of drugs (whether it’s a recreational drug like weed or over-the-counter meds that are accompanied with a warning about operating any kind of heavy machinery after taking).
Unfortunately, it does not matter if this is a driver’s 1st offense or if it is their third offense and they have made some mistakes in the past. DUI cases always boil down to the law and the details. If a person has always had a good record, they should not expect the government to offer them a pass. The driver’s case needs to be meticulously examined and analyzed before an attack strategy can be implemented.
HELPFUL INFO:
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.
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.
As an OWI / DUI criminal defense law firm with expertise in drug intoxication defense legal services, Mullen Schlough & Associates S.C. is prepared, and well qualified to represent you in even the most difficult of legal challenges you may be facing. For reference, here is a list of Drug Possession Defenses. And as an aside, if you are thinking your drug or alcohol consumption might be “a little out of control”, click the following link: https://www.help.org/prescription-drug-addiction-and-abuse.
Mistakes do happen so if you do find yourself in this unfortunate situation, contact the OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C. who are experienced in drug and driving-related offenses. They will take great care representing you in your drug intoxication case and offer clients payment plans. You will receive professional advice to help you put these serious charges behind you as quickly as possible.
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