Wisconsin Criminal Defense Lawyer

Two new proposals are being floated by Wisconsin lawmakers to potentially toughen penalties and law enforcement in drunk driving cases.

Governor Jim Doyle has proposed taking another look at allowing OWI roadblocks, aka field sobriety checkpoints. Wisconsin is one of 12 states that does not allow these roadblocks, where police stop all drivers to confirm that they haven’t been drinking or aren’t impaired. These checkpoints have always been controversal, since critics argue it is unconstitutional to stop people and investigate them without any specific reason or suspicion of wrongdoing.

The second proposal is for an enhancement to Wisconsin’s use of ignition interlock devices. An IID prevents a car from starting if the driver doesn’t blow an alcohol free breath sample into this “mobile breathalytzerw”.  Currently, these systems are required to be installed in the vehicle of anyone who has 2 convictions for OWI.

One Wisconsin legislator is proposing that that requirement be ammended to also include anyone with a single OWI conviction if he or she registered a .16% BAC on a breath test, or twice the legal limit of .08%.

These high BAC interlock requirements are becoming more common in other states, and are supported by even the American Beverage Institute, a restaurant and bar industry trade group that has opposed 1st offense “low BAC” interlock laws.

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If you are charged with a drunk driving (OWI) offense in Wisconsin, or any other criminal charge, contact me for a free legal case evaluation. I’ll let you know what I can do to help you protect your rights in court.

The Milwaukee Journal Sentinel has a new blog dedicated to issues of drinking, laws, and culture in Wisconsin, entitled “Wasted in Wisconsin“. It is dedicated to exploring the fact that Wisconsin has the highest per-capita drinking rates in the nation, and the causes and effects that has on the state with regard to drunk driving, and other negative impacts of drinking on our society.

One recent post lays our the convictions for drunk driving (OWI) statewide since 1989, including a breakdown of multiple convictions. As it turns out, nearly 500,000 individuals have had one or more Wisconsin drunk driving conviction in that time.

That is a staggering figure. With a state population of 5.5 million, that means that nearly 9 % of the population of Wisconsin has had a drunk driving conviction in that time. Some of those convictions may have been from out of state residents, but there also could be out of state convictions for Wisconsin residents not counted in that mix.

If those stats are true, then most everyone in the state has a friend, neighbor, or co-working with an drunk driving conviction. And that also doesn’t include anyone who may have been arrested, but not convicted.

So Wisconsin resident’s alcohol use and the laws that seek to prevent the negative societal affects of underage drinking, binge drinking, and drunk driving is a fascinating and timely topic. Kudos to the Journal Sentinel for tackling it. Hopefully the continuing coverage and analysis will be thoughtful and practical. We’ll be reading.

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If you are facing criminal or drunk driving (OWI) charge in Wisconsin, contact my law office for a free legal consultation.

A Wisconsin driver with multiple OWI convictions found a clever way to get around his alcohol sensing car igintion interlock device. He was using a balloon and portable air compressor to provide a clean breath sample that would allow his car to start.

An ignition interlock device is a “rolling breathalyzer” attached to your car’s ignition. You must blow into it, and test as alcohol free for it to allow your car to start. Under Wisconsin OWI laws, an ignition interlock breath alcohol device is usually required after a 2nd offense OWI conviction as a condition of license reinstatement.

Experts familiar with the interlock technology believe the method he used would not be successful on older interlock models. The new systems test for breath temperature and other factors to establish that it is a person’s breath sample. Proposed enhancements to the IIDs also include a digital camera storing a picture of the test being performed, to insure that it is the driver who is using the device.

The defendent is this case is now charged with a 6th offense felony OWI, as well as tampering with the interlock device, which is a separate misdemeanor criminal offense.

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If you are charged with an OWI in Wisconsin, or any other criminal charge, please contact me for a free legal case evaluation on the charges against you. I’ll give you some helpful advice, and let you know exactly what I think I can do to help, with no further obligation.