Can I be charged with an OWI in a parking lot?
Yes, you can be charged with an OWI if you are found to be driving under the influence of an intoxicant while in a private parking lot. Wisconsin Statute § 346.61 states the following:
Do The Police Have To Arrest Someone When Responding To A Domestic Violence Call?
In Wisconsin, if a police officer believes that an act of domestic abuse has occurred, he or she is required by statute to make an arrest. Specifically, the officer will make an arrest if he or she believes continued abuse is likely or if there is evidence of physical injury to the victim. The officer will arrest the individual who they consider the predominant aggressor. If you are arrested, you will have to make bail or be released on a signature bond after seeing a judge. Furthermore, you will likely be restrained from making contact with the alleged victim for a minimum of 72 hours. In most cases, a condition of your bond will include a no contact order. If you violate that no contact order you may face additional charges.
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What Happens If The Cops Do Not Read Me My Rights?
You Have Rights!
The short answer: If you are not informed of your rights when you are in custody and being interrogated by law enforcement, you may have a legal challenge to have any evidence obtained as a result of that interrogation suppressed. However, it is important to know what those rights are and when law enforcement is required to inform you of those rights.
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Average Jail Time For A 2nd DUI In Wisconsin
The average jail sentence for a second offense DUI in Wisconsin is approximately 45 days in jail. Every case is different and the ultimate jail sentence will depend on the facts of your case, your blood alcohol level, and potentially, the attorney you hire to represent you. A second offense DUI, unlike a first offense, comes with mandatory jail sentence. That means if you are convicted you will have to serve anywhere from a minimum of five days jail to a maximum of six months jail. There is no way around this if you are convicted of a second offense in Wisconsin.
Will My Case Get Dismissed If Nobody Presses Charges?
How can I be charged if nobody presses charges?
It is a common misconception that a case will get dismissed if the person who originally reported the crime decides they do not want to press charges. This often happens in domestic violence situations. Specifically, when a spouse, significant other or roommate calls law enforcement to report a crime. Then later that individual decides that they do not want the suspect arrested to face any penalties for the charges reported. Or alternatively, the victim recants their statements essentially saying they made it up, or were lying. Unfortunately, by that time the state is in control and makes the decision to move forward with criminal charges.
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Penalties for Possession of Cocaine in Wisconsin
Cocaine is a schedule one controlled substance and therefore its possession is prohibited by law. Common cocaine charges in Wisconsin includes possession, possession with intent to distribute, and delivery. Anyone facing even a simple possession of cocaine charge needs quality representation from a skilled Wisconsin drug crime lawyer. Our attorneys have the experience needed in these types of cases.
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New Penalties for Fourth Offense DUIs in Wisconsin
Beginning December 1, 2018 a charge and conviction for a 4th offense OWI (OWI and DUI mean the same thing) in Wisconsin will result in a lifetime revocation of your driver’s license. That’s right, you will permanently lose your driving privileges if you are convicted of four OWI-Related offenses during your lifetime. This law will apply to all fourth and subsequent offenses. This is a significant change to already serious consequences for a felony OWI conviction.
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4 Reasons To Hire An Attorney For Your First Offense OWI
Hiring a Lawyer for a First Offense OWI in Wisconsin can save you Time, Money, your Driver’s License, and potentially your Job
Any time you face potential civil or criminal penalties it is recommended that you retain the services of a qualified attorney. This is true for any OWI offense including a first offense OWI. Now as a criminal defense attorney who focuses a lot of energy on OWI defense I may be biased in my opinion. Similarly, you may have a friend who claims they handled their drunk driving case themselves. Is it possible to “go it alone” on your first offense OWI, yes, is it recommended, absolutely not. Below are
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Top Wisconsin DUI Questions
Frequently Asked Questions about DUIs in Wisconsin
Do I have to answer the officer’s questions when pulled over?
When law enforcement pulls someone over there are certain questions that person needs to answer and other questions that do not. Upon request you should answer and provide documents indicating your name, address, car insurance, license and registration. These are all common questions during a traffic stop. Outside of these common traffic stop questions, you are not legally required to answer any other questions. This is especially true for such questions as “have you been drinking” or “where are you coming from.” Although refusing to answer questions may delay the traffic stop, what you say may be used against you.
Felony Classifications in Wisconsin
Wisconsin has two different types of criminal charges, misdemeanors and felonies. A criminal charge is one that is punishable by imprisonment. A felony in Wisconsin is a crime punishable by imprisonment in the Wisconsin state prisons. Every other crime is considered a misdemeanor and is punishable by a sentence to the county jail. Classifications of misdemeanors can be found here. Wisconsin has nine felony classifications A-I.
Wisconsin Criminal and OWI Defense Attorneys
Anderson & O'Connell, S.C.
Madison Wisconsin criminal and OWI defense attorneys serving southern Wisconsin. Aggressive and affordable criminal defense. Contact us today to start your defense.