Drunk Driving Laws to Know
[vc_row][vc_column][vc_column_text]For more than 18 years, Mullen Schlough & Associates S.C. (located in Chippewa Falls, WI) has managed DUI cases throughout Chippewa County, Eau Claire County, Dunn County and Barron County. There are multiple elements that can and will affect the results of your conviction.
Often, individuals will become very alarmed and assume there is no way to get DUI charges dropped, but that is not exactly accurate. In fact, not all OWI charges lead to convictions. Each OWI charge is different which is why connecting with an OWI / DUI Criminal Defense Lawyer should be your first step.
As an example of the various things our seasoned professionals can assist you with, here are some common questions and extra info so you can learn more about how to navigate an OWI (Operating While Intoxicated), DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) offense in Wisconsin.
Helpful info from Mullen Schlough & Associates S.C.
Did the police officer have a rightful reason to make a traffic stop?
If the answer is no, then your DUI Criminal Defense Lawyer will be able to dispute the stop and suppress evidence such as the blood or breath test and the field sobriety tests.
How did the police manage the field sobriety test?
The Wisconsin Police Departments train their teams to conduct a few basic field sobriety tests. If a flaw is discovered in the way your Horizontal Gaze Nystagmus test, One Leg Stand, or the Walk and Turn was handled, your DWI defense attorney can use that to help lighten your conviction.
Did the police officer have probable cause to inspire your traffic stop?
Your OWI Criminal Defense Lawyer can help investigate why you were stopped and if there was probable cause leading to the PBT and your arrest. If the officer lacked evidence, this can lead to your evidence getting suppressed.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If so, this doesn’t mean the end of disputes. Your DWI attorney can argue that the machines or laboratories malfunctioned and made an error. A careful examination of your records can lead to convincing arguments for a jury.
What is the Blood Alcohol Curve Defense?
Blood Alcohol Curve defense is 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 OWI criminal defense lawyer can argue that at the time of operation your blood alcohol level was lower than a .08.
Often the police officer in this situation does not actually observe the driver operating the vehicle in question. However, they may find the individual passed out or sleeping on the side of the road. Believe it or not, the blood or breath test may not bear the same weight in these situations. That’s why hiring a seasoned drunk or drugged driving lawyer can support and guide you by gathering and presenting every detail to help your case.
Now, what happens with regards to license suspension if it occurs in Wisconsin?
In first offense cases, the Wisconsin OWI criminal defense attorneys at Mullen Schlough & Associates S.C. can appear on your behalf to ensure each step of the process is completed properly.
If you are accused of alcohol or drug intoxication, you face a suspension plus a revocation of your driver’s license. For an DUI offense in Chippewa County, Eau Claire County, Dunn County and Barron County, your license will be disavowed upon conviction. Your license might even be suspended authoritatively before a conviction for at least 6 months.
A Wisconsin driver’s license will be suspended 30 days after accepting a Notice of Intent to Suspend if you don’t ask for an administrative review hearing or if you lose the administrative hearing. For a first offense DUI, your license will be repudiated starting at 6 months and as long as three years for a third offense or more.
Whether your case is OWI or an OWI causing injury or vehicular manslaughter, a Drunk Driving 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]
How to Beat an OWI Charge in Wisconsin
[vc_row][vc_column][vc_column_text]Imagine a person getting pulled over and accused of drunk driving, they most likely have a preconceived idea of a belligerent character whose shirt is unkempt and smells like liquor. But what most do not know is that a person can be arrested even after only having just a few drinks.
Many people believe you can’t beat an OWI/DUI case but will be shocked to discover that by hiring an experienced DUI criminal defense attorney, their DUI case can be thrown out based on a multitude of reasons like illegal traffic stops, and field sobriety tests
In Wisconsin, the consequences for a OWI conviction can wildly vary and your choice in selecting an OWI / DUI criminal defense lawyer will be the difference between a slap on the wrist and serious jail time. If convicted of drunk driving, driving while stoned or even medication impaired driving you may face:
- a fine
- driver’s license suspension or revocation
- alcohol counseling
- jail time
Also, you may be required to install an ignition interlock device (IID). These repercussions can increase to a large degree if certain aggravating factors are found. These repercussions can increase to a large degree if certain aggravating factors are found.
Of course, a failure to comprehend the circumstances can equal long-lasting harmful effects like a criminal conviction, prison, or even loss of driving rights for an extended period.
The OWI/DUI defense lawyers of Mullen Schlough & Associates S.C. have successfully litigated legal challenges and trials in OWI/DUI cases resulting in dismissals and acquittals. They will help you preserve your driving privileges, avoid jail time and — most importantly — maintain your good record.
Mullen Schlough & Associates S.C. — experienced DUI / OWI lawyers based in Wisconsin — will explore all possible defenses against your Operating While Intoxicated / Driving Under the Influence charges in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI .
Their invaluable support will cover everything from the administrative issues regarding your driver’s license to the criminal case itself. And with the help of the top criminal defense attorney, you have a significantly higher chance of beating your charges.
If you were charged on suspicion of operating a vehicle while intoxicated or you’ve been arrested for drunk or drugged driving, the best thing you can do for yourself is to speak with an experienced criminal defense attorney experienced in DUI / OWI charges to appropriately defend your case and offer you valuable legal advice. You can start with a free consultation where you’ll hear about their payment plans, services and guidance they can provide during this difficult time.[/vc_column_text][/vc_column][/vc_row]
Helpful Legal Advice
[vc_row][vc_column][vc_column_text]There are many things that can affect your OWI (Operating While Intoxicated) or DUI (Driving Under the Influence) conviction in the state of Wisconsin. But before you panic, it’s important to understand that not all DUI charges lead to convictions especially if you work with an OWI /DUI criminal defense attorney. For over 20 years, Mullen Schlough & Associates S.C. — located in Chippewa Falls, WI — has handled DUI cases throughout Chippewa County, Eau Claire County, Dunn County and Barron County, WI.
Something you may not know is that often the police officer in this situation may not even observe the driver operating the vehicle in question. Often they simply find the individual sleeping or passed out on the side of the road. When this happens, the blood or breath test may not bear the same weight. It’s knowledge like this that a seasoned OWI defense attorney can really come to your aid by gathering and presenting all of these details to help your case.
Here are some common DUI questions and answers you’ll find useful from our helpful experts at Mullen Schlough & Associates S.C:
Did the police officer have probable cause to inspire your traffic stop?
Your Drunk Driving Defense Lawyer can help investigate what caused the traffic stop and if it warranted a probable cause to administer the PBT which lead to making your arrest. If the 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 / OWI Attorney will be able to dispute the stop by gathering evidence, like the blood or breath test and the field sobriety tests, suppressed.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If so, this doesn’t mean the end of disputes. Your OWI attorney can argue that the machines or laboratories malfunctioned and made mistakes. A cautious review of the records can lead to convincing arguments for a jury.
What is the Blood Alcohol Curve Defense?
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 lawyer can 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 Police Department trains their officers to conduct three typical field sobriety tests. If there is a flaw in the way your One Leg Stand, Horizontal Gaze Nystagmus test, or the Walk and Turn was handled, your Wisconsin-based OWI defense lawyers can use that to help reduce your conviction.
Some things to know about LICENSE SUSPENSION in Wisconsin:
In first offense cases, the DUI criminal attorneys at Mullen Schlough & Associates S.C will be able to appear on your behalf. These Drunk Driving or Drugged Driving Criminal Defense Attorneys will be able to ensure each step of the process is completed and in your favor.
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 DUI offense in Wisconsin, your license will be disavowed upon conviction. A WI driver’s license will be suspended 30 days 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 DUI in Wisconsin, your license will be repudiated for at least 6 months. Your license can be repudiated for as long as three years for a third offense or more.
It is crucial that you contact a Wisconsin OWI defense attorney promptly to discuss your case and begin the process. Whether your case is OWI or an DUI causing injury or vehicular manslaughter, a Drunk 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 and even take payment plans. Contact Mullen Schlough & Associates S.C. [/vc_column_text][/vc_column][/vc_row]
Underage DUI is Worse
[vc_row][vc_column][vc_column_text]Many of the OWI / DUI criminal arrests in Wisconsin are young drivers under the legal drinking age. These charges are very serious as you can imagine but what most people do not realize is that DUI driving under the influence punishments are much more damaging when the driver is under 21. If you or a younger family member face juvenile DUI charges in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin, you should speak with an expert juvenile OWI lawyer immediately.
A FIRST OFFENSE DOES NOT MEAN A WRIST SLAP
In general, newer drivers are already considered an at-risk group. The OWI laws in Wisconsin for minors includes a zero tolerance policy for juvenile drunk drivers or drugged drivers. That means that even just one drink or one puff can equal stricter penalties for young drunk drivers or drugged drivers.
Please note that under 21 drivers can be charged for the equivalent DUI crimes if they’re accused of driving with any unlawful, impairing substance such as weed or prescription drugs in their body system. As a reference point, individuals who are 21 and over with a .08 BAC or below do not receive an OWI charge consequently. Any BAC reading above 0.00% is counted as a juvenile OWI crime.
When juveniles are convicted of DUI in Wisconsin – means huge, long-term financial damage like paying an additional premium each month or, even worse, no insurance since the company may drop your policy without warning. Especially for individuals with more than one juvenile DUI conviction.
WORKING WITH A DEFENSE ATTORNEY WHO SPECIALIZES IN JUVENILE DUI IS YOUR ONLY HOPE
Drunk driving charges or OWI/DUI (operating while intoxicated or driving under the influence) charges are very complex so it is crucial that you hire a skilled defense attorney who has a comprehensive understanding of juvenile OWI and DUI cases.
A DUI defense attorney may find 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. A seasoned juvenile criminal defense attorney with expertise in this area can scrutinize the process of how the blood was examined and whether the equipment used to evaluate the results was functioning properly. There are many detailed processes involved in bodily specimen tests alone.
If this is your first OWI defense, you will most likely have a suspended driver’s license for up to 9 months and a fine for up to $300. While this penalty is the same as for an adult, a driver will be assigned more serious penalties if additional convictions occur.
If another DUI convictions happens within 10 years of the first conviction, fines start at $300 and can go up to $1000, including one year in prison, and a suspended driver’s license for at least one year or more. While this can have an immediate financial and social impact, that’s just the beginning.
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. Which is why these complicated DUI cases require someone who has the skill and knowledge in defending them.
If you or someone you know has been charged with juvenile DUI in Wisconsin, hiring the best juvenile OWI attorney in Wisconsin to defend your case is your best bet. 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]
OWI Drugs or Alcohol Facts
[vc_row][vc_column][vc_column_text]You know that DUI stands for driving under the influence and that it includes alcohol, weed, prescription drugs. But did you know it can even over-the-counter meds such as: antihistamines, aspirin, antacids, acetaminophen, laxatives and decongestants. If you are accused of and charged with drug intoxication or DUI speaking with a criminal defense lawyer should be your first step.
Drug offenses, in Wisconsin, are categorized based on the substance, amount and the prior record of the offender as well as the level of addictive effect and abuse. A crime can be classified as a misdemeanor or felony based on circumstantial data. The intricacy of Wisconsin drug statutes require criminal defense attorneys who have a deep understanding of drug charge defense strategies in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI,
If you were able to speak and act in a normal way, your criminal defense lawyer can use this to your advantage in defending your drug intoxication case when the prosecution tries to prove that you were so intoxicated that you were unable to care for your own safety or a danger to others.
If you receive a DUI or OWI, it is likely that the judge will suspend your driver’s license for six months to multiple 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, will also result in a mandatory stay in a rehabilitation facility plus an impaired driver education program. DUI cases constantly come down to the law and the details.
In all of these cases, it will impact your job, your finances and your family. It doesn’t matter if this is a person’s first offense with a clean record. Just because a person may be good, they should not assume they will be offered a pass or break on those grounds alone. But mistakes do happen so if you do find yourself in this unfortunate situation, contact the OWI / DUI criminal defense attorneys at Mullen Schlough & Associates S.C. who are experienced in drug and driving-related offenses. You will receive professional guidance and support to put these serious charges behind you as quickly as possible and take great care representing you in your drug intoxication case. They even offer clients payment plans.
SOME THINGS TO NOTE:
Of course the best plan of action is to never get behind the wheel if you’ve been taking drugs of any kind (from recreational drugs like marijuana to over-the-counter medication, like cough medicine, which is accompanied with a warning about operating any kind of heavy machinery after taking). But if you have made a mistake, here are some of the things that may help you reduce your charges.
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 to 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 OWI / DUI criminal defense attorneys with expertise in drug intoxication defense legal services, Mullen Schlough & Associates S.C. is well-qualified to represent you in even the most difficult of legal challenges you may be up against.
FYI, 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.
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]
Super Bowl DUI? Next Steps
[vc_row][vc_column][vc_column_text]Super Bowl Sunday is here and so is the uptick in DUI charges for driving under the influence of alcohol, weed or other substances that can impair your driving. But that doesn’t mean that if you are pulled over and arrested for an OWI charge that it’s game over. Your best bet is to speak with a DUI/ OWI defense lawyer right away!
Mullen, Schlough & Associates S.C., specialize in DUI/ OWI cases and represent individuals who have been arrested and charged with a DUI or OWI in Chippewa Falls, Chippewa County, Eau Claire County, Dunn County and Barron County. They are seasoned experts in Wisconsin OWI laws and can help you with setting up a defense argument for DUI/ OWI crimes for your court hearings.
A 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%, there is even an aggravated classification in specific jurisdictions. Regardless, the driver can be sentenced and should secure a DUI/OWI defense attorney as soon as he or she is accused of impaired driving.
An OWI defense attorney is responsible for educating the OWI charges to the driver and providing the best plan to follow. The OWI lawyer should gather details and oversee the administrative procedures involved to ensure that nothing falls through the cracks and so the accused driver can feel confident.
A DUI/ OWI defense attorney has a responsibility to support your defense, your rights and your status against any proof the prosecution may anticipate introducing.
WHY HAVING A DUI / OWI DEFENSE LAWYER IS BENEFIACIAL:
- You may not have to plead guilty and get a large number of these charges dropped or reduced early in the process
- Your OWI lawyer may file a motion to overthrow the client’s statements if arrested or suggest a sentence bargain or plea bargain
- Your criminal legal advisor may even schedule an evidentiary hearing in order to reveal the evidence the persecution holds against his/her client
It is important to gather all the proof available at the time of arrest so they have the option to compare with the witness’ testimony while conducting the cross-examination. When arguing DUI/ OWI cases and criminal offense, the state and prosecution can always prove a defendant guilty. The state witness is testifying on direct assessment by the prosecutor but the DUI/ OWI defense attorney focuses on the questions being asked so as to counter the prosecution’s argument.
The court process for a OWI offense can be very long for this type of conviction. If you are accused of operating while intoxicated (OWI) crimes or driving under the influence (DUI), you may have to attend several hearings starting with the Department of Motor Vehicles and ending with a final hearing at the County or State Court.
DUI / OWI criminal defense attorneys should have a great understanding of Wisconsin’s drunk driving laws. Our OWI criminal defense lawyers are seasoned experts in local Wisconsin DUI laws and increase 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 DUI specialists with competent critical thinking skills on your side to examine and determine your best options.
Over 1.4 million drivers have been arrested for a DUI (driving under the influence) or an OWI (operating while intoxicated with drugs, alcohol or medication), according to the F.B.I. If you are one of these statistics, it does not automatically mean game over.[/vc_column_text][/vc_column][/vc_row]
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