DUI CHARGES IN WI ARE MISUNDERSTOOD
[vc_row][vc_column][vc_column_text]DUI CHARGES IN WI ARE MISUNDERSTOOD. When a driver is accused of DUI / OWI, it often seems hopeless to fight the charge. But hiring the right OWI / DUI criminal defense lawyer can actually lead to DUI / OWI charges thrown out based on field sobriety tests, breathalyzer tests, blood tests or illegal traffic stops.
Drivers under the influence of alcohol or drugs (even legal or prescription medication) risk being arrested and charged with drunk or drugged driving. The penalties you face if convicted of driving while drunk, high or even medication impaired driving can range from a fine, a suspended or revoked driver’s license, alcohol counseling, time in prison or even the installation of an ignition interlock device (IID). These penalties can increase to a great extent if certain aggravating factors are present. The ramifications for a DUI/OWI conviction in Wisconsin can vary and the choice in your DUI / OWI criminal defense lawyer can make or break your final verdict.
One misconception is that a driver needs to be drunk or high to be arrested for a Driving Under the Influence or Operating While Intoxicated offense. However, an adult can be arrested for drunk driving, after having just a couple of drinks. Misunderstanding the different possibilities can lead to a criminal conviction, prison, or even losing your driving rights for a long period of time. With the guidance of an experienced OWI/DUI criminal defense law firm, you can properly fight the charge.
Mullen Schlough & Associates S.C. will explore all possible defenses against your OWI/DUI charges in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI . Their invaluable support covers everything from the criminal case to the administrative issues regarding your driver’s license. And with the help of the best criminal defense attorney, you have a great chance of the charges being dismissed.
If you’ve been arrested for drunk or drugged driving or were arrested on suspicion of operating a vehicle while intoxicated, an experienced operating while intoxicated criminal defense attorney is a must-have to successfully defend your case and offer you valuable legal guidance.
The DUI / OWI defense attorneys of Mullen Schlough & Associates S.C. have years of experience litigating legal challenges and trials in DUI / OWI cases have successfully resulted in dismissals and acquittals. They can help you retain your driving privileges, avoid time in prison and — most importantly — maintain your good record.[/vc_column_text][/vc_column][/vc_row]
A DRUG DUI ISN’T A LOST CAUSE
[vc_row][vc_column][vc_column_text]
A DRUG DUI ISN’T A LOST CAUSE. An intoxication arrest is often associated with drunk driving but an OWI or DUI can also mean the driver was under the influence of drugs, including prescription or even over-the-counter medications. If you have been charged with drug intoxication or DUI, connecting with a criminal defense attorney like Mullen Schlough & Associates S.C. should be your first step because they will know to ask specific questions that may help dismiss your case.
For example, was your speech and physical behavior considered normal at the time of your arrest? If so, your OWI / DUI criminal defense lawyer can use this to your advantage in defending your drug intoxication case as the prosecution tries to demonstrate that you were extremely intoxicated to the point of being unable to care for your own safety or a danger to others. 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.
Of course, you should never get behind the wheel if you have taken any kind of drugs (including over-the-counter medication with warnings such as cough medicine and recreational drugs like weed).
Getting pulled over and accused of an OWI, DUI or DWI charge from the police in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI can lead to serious charges. If you are arrested for an OW, contacting an expert criminal defense attorney should be your first step. The OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C. have decades of experience handling drug driving-related offenses. 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.
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.
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 have even helped drivers accused of driving under the influence avoid jail, preserve driving privileges and protect a good record.
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]
Advice from a DUI Lawyer
[vc_row][vc_column][vc_column_text]Advice from a DUI Lawyer. Millions of drivers are arrested for an OWI (operating while intoxicated with drugs, alcohol or medication) every year. 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 DUI offense you’ve been charged with, your first step should be to secure a DUI/OWI defense attorney as soon as you are accused of drunk or drugged driving.
A DUI/ OWI criminal defense attorney representing drivers arrested and charged with a DUI or OWI. An essential responsibility of an OWI defense lawyer is to explain the DUI charges to a client in the simplest terms, make suggestions on how to approach the charges and then represent the driver in court. A DWI attorney is helpful in gathering and organizing all of the details and administrative procedures involved to ensure that nothing falls through the cracks. The ultimate goal is to provide the client with ease and help move past the charges as quickly as possible.
The court process for a DUI offense can be very long for this type of conviction. If you are accused of operating while intoxicated (OWI) and driving under the influence (DUI) crimes, you may endure numerous hearings starting with the Department of Motor Vehicles and concluding with a final hearing at the County or State Court.
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.
With an experienced DUI / OWI defense lawyer you may not have to plead guilty or the DWI attorney may get a large number of these charges dropped or reduced early in the process. The OWI law professional may file a motion to overthrow his or her client’s statements if arrested. Or the DUI / OWI criminal defense attorney 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 DUI/ OWI defense lawyer 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 DUI/ OWI cases and criminal offenses. An OWI defense attorney has a responsibility to help you defend your rights and status against any proof the prosecution may anticipate introducing. DUI defense lawyers will assist you with setting up a defense argument you can present in court.
DUI / OWI defense attorneys should have a deep understanding about their particular state’s drunk driving laws. Our DUI criminal defense lawyers have expertise in Wisconsin DUI laws and provide aid to our clients to understand their rights and options while assisting their negotiations with prosecution.
Hiring a DUI 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]
What to do if you received an OWI under 21
What to do if you received an OWI under 21. Unfortunately, we see a rise in Wisconsin’s OWI criminal arrests of young drivers during this time of year. Many of these young drivers under the legal drinking age do not realize that (OWI) operating while intoxicated punishments are much more severe when the driver is under the age of 21.
One mistake in how the case is approached can be critical to the future of this driver and other drivers. That is why you must contact a skilled juvenile OWI defense attorney if you or a younger family member is facing juvenile OWI charges in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake, or Barron County, Wisconsin.
FIRST-TIME OFFENDERS DO NOT GET A PASS
A 1st time DWI offense for a juvenile driving under the influence of alcohol often results in a fine of hundreds of dollars, as well as a suspended driver’s license for up to 9 months. While this penalty is the same as for an adult, it is more severe if additional convictions occur.
For example, suppose another OWI conviction happens within ten years of the 1st conviction. In that case, the fines can reach as high as 1000 dollars, plus 12 months in prison and a suspended driver’s license for at least one year. The immediate financial and social impact is just the beginning.
Younger drivers are categorized as an at-risk group with regards to safe driving in general. Even if the driver has only one drink, the penalties for juvenile drunk driving are stricter than for adults 21 years of age. The OWI law in Wisconsin for minors incorporates a zero-tolerance policy for juvenile drunk or drugged drivers.
A blood-alcohol-concentration level reading above 0.00% counts as a juvenile OWI crime but does not stop at just alcohol consumption. Drivers under 21 can be charged for the equivalent OWI crimes if they’re pulled over for driving with any unlawful, impairing substance, including prescription drugs or weed in their system. Just for reference, an individual who is 21 and over with under a .08 BAC would not receive an OWI charge.
Juveniles convicted of DUI in Wisconsin also have to deal with the financial fallback as their insurance rate will skyrocket – especially if the individual has more than one offense, this may lead to giant, long-term financial harm like additional premium costs every month or, worse, no insurance since the company may drop policies without any warning or the opportunity to renew.
AN OWI ATTORNEY WHO SPECIALIZES IN JUVENILE DUIs IS VITAL
Drunk driving charges or OWI (operating while intoxicated) charges are incredibly complex. This is why it’s so crucial that you hire a skilled defense lawyer who specializes in juvenile OWI and DUI cases.
There are many detailed processes involved in bodily specimen tests that the average individual may be unaware of. Often, a DUI criminal defense lawyer will find errors or incorrect readings regarding proof of alcohol, cannabis, or even over-the-counter drugs that come with warnings about operating heavy machinery while taking.
An experienced juvenile criminal defense lawyer with knowledge in this area can criticize the process of how the blood was assessed and whether the material used to examine the results was operating correctly.
Many other defenses can occur when you hire a professional. These errors could be constitutional violations and defenses relating to a juvenile OWI charge, which an inexperienced lawyer will not understand. This is just another reason that these complicated OWI cases require someone who has the skill and knowledge to defend them.
If you or someone you know has been charged with a juvenile OWI in Wisconsin, hiring the best juvenile OWI lawyer in Wisconsin would be best. Contact the attorneys at Mullen Schlough & Associates S.C. today for a free consultation and to learn about payment plans.
What to know about DUI / OWI charge in WI
According to the Federal Bureau of Investigation, over 1.4 million drivers have been arrested driving under the influence over the years. An OWI refers to operating while intoxicated or a DUI (driving under the influence), is not limited to alcohol, and includes drugs and prescribed medication.
This offense’s provisions can exist in certain situations, such as blood alcohol content over 0.12%. If the driver’s blood alcohol content exceeds the range of 0.05% and 0.08% based on law, it is considered a criminal offense. The driver, dependent upon the authority, may be charged, which is why they should speak to a DUI/OWI defense lawyer as soon as the accused of an OWI.
A DUI/ OWI criminal defense attorney is a lawyer dedicated to DUI/ OWI cases and can speak on behalf of 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.
Explaining the OWI charges to a client, having the best strategy, and speaking in court for the driver is a must for a DUI defense lawyer. The DUI law firm is responsible for gathering, organizing details, and handling the administrative procedures needed.
When handling a DUI/ OWI criminal offense case, the state and prosecution can prove that the defendant is guilty. However, a DUI/ OWI criminal defense attorney can defend the driver’s rights and status against what the prosecution may throw during the hearing. DUI/ OWI defense lawyers can assist you with creating a defense argument to defend in court.
The court process for an OWI offense may be tedious. The accused person under operating while intoxicated (OWI) or driving under the influence (DUI) crimes will have to attend a few hearings starting with the Department of Motor Vehicles and ending with a final hearing at the County or State Court.
An experienced DUI / OWI defense attorney will work, on your behalf, to get most of these charges dropped early in the process. Such as, a DUI / OWI defense attorney may recommend going into a plea bargain or sentence bargain. Or, the experienced DUI lawyer may file a motion to overthrow their client’s statements if arrested. Your criminal defense lawyer can also schedule an evidentiary hearing to disclose the evidence that the persecution holds against their client.
It is a must to acquire all of the proof available at the time of the arrest. Then differentiate those details from the witness’ testimony. The role of a DUI/ OWI defense attorney is to concentrate 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.
Hiring a defense law firm such as Mullen, Schlough & Associates S.C. means you have a well-organized DUI specialist competent enough to have critical thinking skills to assess your options best.
DUI / OWI defense attorneys should be an expert about their state’s drunk and drugged driving laws. As DUI criminal defense lawyers, it’s our responsibility to have expertise in Wisconsin DUI laws so our clients can comprehend their rights and options while helping with reaching terms with the prosecution.
Help! I am a Juvenille with a DUI!
[vc_row][vc_column][vc_column_text]Help! I am a Juvenille with a DUI! It’s the season for proms and high school graduations. Unfortunately, this time of year we often see an uptick in DUI / OWI criminal arrests of young drivers in Wisconsin. Many are under the legal drinking age. What many do not realize, unfortunately, is that DUI driving under the influence punishments are much more severe when the driver is under the age of 21.
One error in how the case is handled can be detrimental on the future of this driver. That is why it’s urgent that you contact a skilled juvenile DUI defense attorney if you or a younger family member is facing juvenile OWI charges in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin
THERE IS NO SUCH THING AS A WRIST SLAP FOR A FIRST OFFENSE
A 1st time OWI offense for a juvenile driving under the influence of alcohol often restuls in a fine of hundreds of dollars as well as a suspended driver’s license for up to 9 months. While this penalty is the same as for an adult, it is more serious if additional convictions ever occur.
For example, if an additional DUI conviction happens within 10 years of the 1st conviction, the fines may begin around $300 and could go as high as $1000, plus 12 months in prison, and a suspended driver’s license for at least one year. The immediate financial and social impact is just the beginning.
Younger drivers are already viewed as an at-risk group with regards to safe driving in general. Even if the driver has only one drink and the penalties for juvenile drunk driving are stricter than for adults 21 years of age. The OWI law in Wisconsin for minors incorporates a zero tolerance policy for juvenile drunk or drugged drivers.
Any BAC reading above 0.00% is counted as a juvenile DUI crime and does not just stop at alcohol consumption. Under 21 drivers can be charged for the equivalent DUI crimes if they’re pulled over for driving with any unlawful, impairing substance including prescription drugs or weed in their system. Just for reference, an individual who is 21 and over with a .08 BAC or below does not receive an DUI charge consequently.
Another issue for the driver is that car insurance rates will skyrocket for juveniles convicted of DUI in Wisconsin – especially if the individuals has more than one offense. A juvenile OWI conviction may lead to giant, long-term financial harm like additional premium costs every month or, even worse, no insurance since the company may drop policies without any warning or opportunity to renew.
A DEFENSE LAWYER WHO SPECIALIZES IN JUVENILE DUI IS VITAL
Drunk driving charges or OWI/DUI (operating while intoxicated or driving under the influence) charges are incredibly complex which is why it’s so crucial that you hire a skilled defense lawyer who specializes in juvenile OWI and DUI cases.
The average person may not know that there are many detailed processes involved in bodily specimen tests. Many times a OWI criminal defense lawyer will find errors or incorrect readings when it comes to proof of alcohol, cannabis or even over the counter drugs that come with warnings about operating heavy machinery while taking.
A seasoned juvenile criminal defense lawyer with knowledge in this area can really scrutinize the process of how the blood was evaluated and whether the equipment used to examine the results was functioning correctly.
There could 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 comprehend. Just another reason that these complicated OWI 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, it’s imperative that you 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 payment plans.
[/vc_column_text][/vc_column][/vc_row]
OTC Meds, Weed and Drug Driving
[vc_row][vc_column][vc_column_text]You’ve heard of drunk driving and know exactly what that entails. But do you know about drug driving and that it can include OTC (over the counter) medication too?
DUI means driving under the influence. That can include alcohol, weed, prescription drugs or even over-the-counter meds like: antihistamines, aspirin, antacids, acetaminophen, laxatives and decongestants. If you are arrested for driving under the influence, and charged with drug intoxication or DUI connecting with a criminal defense attorney should be your first step.
In Wisconsin, drug offenses are categorized based on the substance, amount and the prior record of the offender. They are also classified by the level of addictive effect and abuse. In short, a crime may be classified as a misdemeanor or felony based on circumstantial data. The intricacy of Wisconsin drug statutes requires criminal lawyers who have comprehensive knowledge of drug charge defense strategies.
For example, 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. In all of these cases, it will impact your job, your finances and your family.
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).
Note that it doesn’t matter if this is a person’s first offense with a clean record or if it is their third offense and they have made some mistakes in the past. OWI cases constantly come down to the law and the details. Just because a person may be good, they shouldn’t expect the government to offer them a pass or break on those grounds alone. Instead, the person’s case will need to be meticulously analyzed and examined before an attack strategy can be implemented.
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.
SOME THINGS TO NOTE:
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 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.
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]
DUI & Criminal Defense Laws
[vc_row][vc_column][vc_column_text]DUI & Criminal Defense Laws. 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. [/vc_column_text][/vc_column][/vc_row]
Weed, Prescription and Over-the-Counter Meds
[vc_row][vc_column][vc_column_text]
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.
[/vc_column_text][/vc_column][/vc_row]
What to know about DUI Laws
[vc_row][vc_column][vc_column_text]
What to know about DUI Laws. DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) are both serious crimes but in Wisconsin there are many factors you should know about as they may impact your conviction.
While a DUI charge can be, and often are, a strain on your life, try not to panic. Keep in mind that not all OWI charges lead to convictions. OWI charges are different. That’s why it is important to prioritize contacting a Wisconsin DUI defense lawyer quickly to discuss your case and start the process.
For 20 years, 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. They can discuss your options and offer payment plans.
Some common DUI questions and answers you may find helpful are:
Did the police officer have a rightful reason to make a traffic stop?
If not, then your OWI Attorney will be able to dispute the stop by getting evidence, such as the blood or breath test and the field sobriety tests, suppressed.
Did the police officer have probable cause to inspire your traffic stop?
Your DUI Defense Attorney can help investigate what caused the traffic stop and if it warranted a probable cause to administer the PBT which led to making your arrest. If the officer lacked evidence, this can lead to your evidence getting suppressed.
How did the police manage the field sobriety test?
The Wisconsin Police Department trains their officers to conduct three typical field sobriety tests. If there is a flaw in the way your Horizontal Gaze, Nystagmus, One Leg Stand or the Walk and Turn was handled, your DUI defense lawyer can use those details to help lighten your conviction.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If so, this doesn’t mean the end of disputes. Your DUI 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 attorney can argue that at the time of operation your blood alcohol level was lower than a .08.
Many times the police officer in this situation does not observe the driver operating the car in question. They may, however, find the individual sleeping or passed out on the side of the road. In these situations, the blood or breath test may not bear the same weight. Yet again, a seasoned DUI defense lawyer can come to your rescue to gather and present all of these details to help your case.
WHAT TO KNOW ABOUT LICENSE SUSPENSION in the state of Wisconsin:
In first offense cases, the Wisconsin OWI criminal attorneys at Mullen Schlough & Associates S.C. will be able to appear on your behalf. These Drunk Driving Defense Lawyer will be able to assist you and ensure 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 a DUI offense in Wisconsin, your 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 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 1st 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.
Whether your case is OWI or an OWI causing injury or vehicular manslaughter, a DUI 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. [/vc_column_text][/vc_column][/vc_row]
Next Page »« Previous Page