You’ve just been pulled over by a police officer. As the officer is speaking to you, he begins to suspect that you are under the influence of drugs or alcohol. At this point, he insists on giving you a breathalyzer or field sobriety test.
While you may think that you can get away with drunk driving by refusing the test, you would be opening yourself up to even more severe legal consequences. This is because, in the state of Wisconsin, refusing to take a drug test is essentially admitting guilt.
Why is this, and what are the legal consequences of doing so? Here is everything you need to know about refusing a drug test while driving in Wisconsin.
Understanding Implied Consent
You might argue that having to take a drug test is taking away your ability to consent. After all, consent involves you willfully participating in something.
But, according to Wisconsin law, the very idea that you may be indulging in illegal substances is essentially a statement of consent. In legal terms, this is known as implied consent. In essence, if you’re suspected of indulging in illegal drugs, or if you’re operating a motor vehicle while under the influence, you’re legally required to participate in a breath, field sobriety, or drug test.
It doesn’t matter whether you’ve been arrested or not. If you don’t take a test when being told to, you are effectively breaking the law.
And it should be noted that, in many cases, refusing a drug test will actually carry harsher penalties than DUIs or OWIs.
Penalties For Refusing a Drug Test in Wisconsin
Refusing a drug test carries different penalties based on how many times you’ve refused a test. The more tests you refuse, the harsher penalties you’re subjected to.
If you refuse a drug test for the first time, you will have your driver’s license taken away from you for a full year. In addition, you will be forced to install an ignition interlocking device in your vehicle. This device requires that you blow in it before your car will start.
While you could potentially apply for an occupational driver’s license, there will be a 30-day waiting period before you can receive it.
If, by chance, you’ve got an individual under the age of 16 in your car while you’re refusing the test, these penalties can be doubled.
Refusing a drug test for the second time in 10 years will, as stated above, land you with even harsher penalties.
In this case, you will have your driver’s license taken away for two full years. You will also have an ignition interlocking device installed in your car.
Again, a 30-day waiting period will be initiated in order for you to secure an occupational driver’s permit. And again, penalties will be doubled if you have a child in your car at the time of refusal.
If you refuse a drug test for a third time in 10 years, you will be subjecting yourself to even harsher penalties.
Doing this will result in you having your license taken away for 3 full years. It will also ensure that you have an ignition interlocking device installed in your car for 3 years, preventing you from ever operating a motor vehicle while under the influence.
In this case, you will have to wait 120 days before applying for an occupational driver’s license. Again, having a child in your car at the time of refusal will result in a doubled sentence.
Charged With Refusing a Drug Test While Driving in Wisconsin?
If you’ve arrived at this page, there’s a reasonable chance that you yourself have been charged with refusing a drug test while driving in the state of Wisconsin. While the deed may already be done, there is still a chance for you to lessen the severity of your penalty.
To give yourself the best shot in court, you’ll need a stout legal defense. We here at Hartley Pecora are that legal defense.
Contact us today for a free consultation!
There are no two ways about it. Driving while under the influence is a bad decision. Not only is it incredibly dangerous to the driver and those in his or her proximity, but it also carries some fairly severe legal consequences.
Nonetheless, people continue to drive drunk. Perhaps you’ve even driven while under the influence? Maybe you’re facing legal consequences as a result of doing so?
If so, you’d probably like to know what’s ahead of you. These are the legal consequences of drunk driving in Wisconsin.
What Are the Intoxication Limits for an OWI in Wisconsin?
Every state has a slightly different definition of what constitutes an OWI. Like many states, Wisconsin’s limit for alcohol consumptionwhile operating a vehicle is a 0.08% BAC. This is for drivers of 21 years of age and older. If you’re at this BAC or higher while driving, you are eligible for an OWI charge.
Those who are intoxicated while driving, and who are under the age of 21 have a BAC limit of 0.02%. Of course, those who are intoxicated under the age of 21 are also breaking laws against underage drinking. They will receive penalties for both offenses.
If you’re operating a commercial vehicle, the BAC limit is 0.04%.
What are the Penalties for Drunk Driving in Wisconsin?
First time OWI offenders are not eligible for jail time unless, of course, they injure someone. They are, however, subject to fines of between $150 and $300.
In addition to fines, first-time offenders can also have their licenses suspended for between 6 and 9 months. However, they may also be allowed to apply for occupational driver’s licenses.
In the state of Wisconsin, OWIs are legally retained on a person’s record for 10 years. So, if a person acquires another OWI within 10 years of their last, they will be subject to even harsher penalties.
A second-time offender of the law can receive jail time from anywhere between 5 days and 6 months. In addition, second-time offenders can also be forced to pay fines between $300 and $1100.
As far as license suspension goes, second-time offenders can lose their licenses for between 12 and 18 months. Again, they may be able to secure occupational driver’s licenses during this time.
Also, second-time offenders will have their automobiles fixed with ignition interlocking devices. These devices are breathalyzers which require the driver to blow into them to ensure that he or she is not driving under the influence.
Third-time offenders of OWI laws in Wisconsin will receive even harsher penalties, being subjected to anywhere between 30 days to a year in prison. In addition, they can be required to pay fines between $600 and $2,000.
License suspension time for a third-time offender can range anywhere from 2 years to 3 years. Again, there is a possibility that a third-time offender will be able to secure an occupational license.
Like with second-time offenders, third-time offenders will have ignition interlocking devices installed in their vehicles.
Breaking OWI laws more than three times in Wisconsin won’t result in longer suspension times, but will in longer prison terms.
Fighting an OWI in the State of Wisconsin?
Have you been charged with drunk driving in Wisconsin? If so, you’re facing some fairly stiff penalties. In order to give yourself a fighting chance against these penalties, you’re going to need a top-notch legal defense on your side.
If you live in the Milwaukee area, Hartley Pecora is just the legal defense you’re looking for. Our team of attorneys has fought against many OWI charges, and knows exactly which measures must be taken in order to give defendants a fair shake.
Contact us today for a free consultation!
Just as with most other states, in the state of Wisconsin, disorderly conduct can be difficult to understand. There is a great deal of gray area in the law which can be left to a subjective ruling by a judge.
However, there are general guidelines for disorderly conduct in Wisconsin. Understanding these guidelines will help you to avoid, and to fight disorderly conduct charges.
What is Considered Disorderly Conduct?
Common Disorderly Conduct
Common disorderly conduct includes any situation in which a person is being violent, obnoxious, or inordinately loud to the point that it disturbs the public. Public nudity, domestic violence, and disobeying a police officer can all be considered disorderly conduct in certain situations.
Vagrancy laws are instituted to target those who loiter or distribute illegal goods in a public forum. Everyone from the homeless, to prostitutes, to illegal street salesman can be considered vagrants. Again, who is and isn’t considered a vagrant comes with a great deal of gray area.
Consuming Alcohol in a Public Area
Another form of disorderly conduct in Wisconsin is consuming alcohol in a public space. In the state of Wisconsin, you are only allowed to drink alcohol on private land, and in specially designated public areas. Imbibing alcohol on public transport or on the sidewalk is against the law.
Desecrating a United States Flag
While not all desecrating of the United States flag is illegal in Wisconsin, desecrating the flag in an effort to erupt violence is considered illegal. Again, this is a matter which is subject to a great deal of gray area.
Another form of disorderly conduct is the domestic dispute. While verbal altercations are not technically illegal, they can be considered illegal if they alarm the public in some way. For instance, if a neighbor is troubled by the screaming of his or her neighbors, disorderly conduct is technically being perpetrated.
What are the Penalties for Disorderly Conduct?
Common Disorderly Conduct
While it is subject to some variation, common disorderly conduct is generally classified as a Class B Misdemeanor. This entails penalties of up to 90 days in jail, and of up to $1,000 in fines.
Vagrancy is typically classed as a Class C Misdemeanor. A class C misdemeanor carries with it up to 30 days in jail, and up to $500 in fines.
Consuming Alcohol in a Public Area
Like vagrancy, consuming alcohol in public is typically designated as a Class C Misdemeanor. This means that you could face up to 30 days in jail, and up to $500 in fines.
Desecrating a United States Flag
If you desecrate a United States flag with the intent to cause violence and unrest, you will be subject to fairly harsh penalties. This is classed as a Class A Misdemeanor, entailing up to 9 months in jail with fines up to $10,000.
Domestic disorderly conduct which doesn’t involve violence will typically be classed as a Class B Misdemeanor. This can result in up to 90 days in jail with fines up to $1,000.
Have You Been Charged With Disorderly Conduct in Wisconsin?
If you’re on this page, there’s a decent chance that you’ve been charged with disorderly conduct in Wisconsin. If this is the case, you’re in need of reliable legal counsel. Fortunately, you’ve found it.
We here at Hartley Pecora are the premier defense lawyers in the Milwaukee area. Our knowledge and experience dealing with disorderly conduct cases will give you the best chance possible of defending yourself in a court of law.
Contact us for a free consultation! We are on your side.
When it comes to marijuana possession in the state of Wisconsin, there are two general charges existing. One is simple possession of marijuana. The other is marijuana possession with the intent to distribute.
Of the two charges, possession with the intent to distribute is a great deal more serious.
But what does his charge entail? What constitutes marijuana possession with the intent to distribute in Wisconsin? Let’s get into it.
What is the Difference Between Possession and Possession With the Intent to Distribute?
There is some gray area in the difference between simple marijuana possession and possessions with the intent to distribute, but there is most certainly a difference between the two offenses as well.
Simple possession typically entails having in your possession a small amount of marijuana. It is assumed that, because the amount is so small, there is no intent to distribute it.
Intent to distribute, on the other hand, suggests that anyone with a fairly large amount of marijuana in their possession only has that amount of marijuana because they’re intending to distribute it.
There is some subjectivity involved in the ruling when small amounts of marijuana are involved, but in general, a small amount of marijuana will land you with a simple possession charge while a large amount of marijuana will land you with an intent to distribute charge.
Penalties For Marijuana Possession with the Intent to Distribute in Wisconsin
200 Grams and Under
If you’re in possession of 200 grams or less of marijuana and you’re charged with intent to distribute, you will face a felony. Felony charges for this specific offense carry up to 3 ½ years in prison with fines up to $10,000.
200 Grams to 1,000 Grams
Possessing between 200 grams and 1,000 grams of marijuana with the intent to distribute will land you with much harsher penalties than possessing 200 grams or under of marijuana. Not only can you receive fines of up to $10,000, but prison time of up to 6 years.
1,000 Grams to 2,500 Grams
If you’re possessing 1,000 to 2,500 grams of marijuana with the intent to distribute, you’ll face penalties of up to 10 years in prison with fines of up to $25,000.
2,500 Grams to 10,000 Grams
The next possession bracket falls between 2,500 grams and 10,000 grams. If you possess and intend to distribute an amount of marijuana falling between these two figures, you could face up to 12 ½ years in prison with fines of up to $25,000.
10,000 Grams and Over
The largest possession bracket is 10,000 grams and over. If you are found in possession of this much marijuana, it will be assumed that you’re intending to distribute it. Penalties for this amount of marijuana include up to 15 years in prison, and up to $50,000 in fines.
On some occasions, if you’re found in possession of drug paraphernalia, you can be charged with intent to distribute. Penalties for this offense include up to 90 days in jail with fines of up to $1,000.
Fighting Charges on Marijuana Possession with the Intent to Distribute in Wisconsin?
If you’re facing charges on marijuana possession with the intent to distribute in Wisconsin, you’re at risk of some fairly harsh penalties. You would be best served by bringing in a lawyer to strengthen your legal defense.
If you live in the Milwaukee area, the Hartley Pecora Law Offices are legal team need to turn to. We are well-versed in fighting for our clients against drug accusations, and will work with you to deliver the best possible outcome for your case.
Contact us for a free consultation!
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