OWI Info

  • The Role of Miranda Rights in an OWI

    I often have clients say, “They never read me my Miranda rights.”  That’s when the officer says you have the right to remain silent, the right to an attorney, and so on. In an OWI case, it is most likely irrelevant. The arrest in an OWI normally comes after some previous questioning, the field sobriety […]

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    The Collateral Attack Defense

    Now that you understand Wisconsin’s Double First Rule from our past blog, it is important that you also understand collateral attacks on past offenses. In Wisconsin you can “collaterally attack” past offenses based on our 5th Amendment Constitutional right to counsel Basically, collateral attacks on past offenses means that if you had any prior criminally […]

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    OWIs: Elements of the Crime

    For you to be found guilty of an OWI at trial, the prosecution has to prove the elements of the crime beyond a reasonable doubt for OWI second offenses and higher or by preponderance of the evidence for first offenses. The elements they have to prove is that the defendant was 1) operating a motor […]

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    OWI: The 20 Minute Observation Period

    The Twenty Minute Observation Period   In Wisconsin, under the administrative code, before taking a sample of an OWI suspect’s breath at the police station with the Intoximeter, the officer must observe the person for twenty minutes. This does not apply to blood tests. The purpose is to make sure that the suspect doesn’t have any […]

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    Medical Issues and the Effects on Field Sobriety Tests

    During a consultation, a lot of people will explain to me a medical issue they have that would cause their performance on the field sobriety tests to be unreliable. Many people are unaware of how their medical issues actually affect their OWI case. The main question to determine is whether or not the officer first […]

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    What Constitutes “Driving” for Purposes of an OWI?

    In order to be charged with Operating While Intoxicated (“OWI”), an individual must have driven a vehicle.  So how do the laws of Wisconsin define “driving”?   Where the vehicle’s keys are in the ignition and the vehicle is running, the law treats this as driving.  Even where an officer does not see an individual […]

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    The Double First Rule

    The Wisconsin legal system operates on a graduated penalty system.  This means that the more offenses an individual has, the worse the penalty gets for each subsequent offense.  For example, a person’s third offense will be treated more harshly than their first, but the penalty for a third offense will be more lenient than a […]

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    Field Sobriety Tests: The One Leg Stand Test

    Field sobriety tests (FST) are used during an OWI traffic stop so that the police officer can collect enough evidence to meet his or her requirement of obtaining enough probable cause to legally take a sample of your blood, breath, or urine. Although there are many different types of field sobriety tests, the courts and […]

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    Field Sobriety Tests: The Walk and Turn Test

    Field sobriety tests (FST) are used during an OWI traffic stop so that the police officer can collect enough evidence to meet his or her requirement of obtaining enough probable cause to legally take a sample of your blood, breath, or urine. Although there are many different types of field sobriety tests, the courts and […]

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    The Difference Between an OWI and a PAC

    Wisconsin’s OWI law contains the following two offenses: Operating While Intoxicated (“OWI”) and Operating With a Prohibited Alcohol Concentration (“PAC”). While many individuals are charged with both offenses, one of the charges will normally be dropped for sentencing purposes because they are companion charges. An OWI charge requires proof that the individual was driving a […]

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No legal advice intended
These articles contain information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.
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