No one has to be reminded that drunk driving is a serious offense. This fact is plastered all over billboards, TVs, computers, and radios.
However, despite this, individuals still take the risk of driving while intoxicated. Perhaps you took this risk, and were pulled over by the police? If so, you’ve got an arduous court case ahead of you. It would be wise to brush up on the potential consequences.
Here is everything you need to know about drunk driving in Milwaukee.
What is Considered Drunk Driving in Milwaukee?
In the state of Wisconsin, drunk driving is legally punishable by an OWI (operating while intoxicated). In order for a person to obtain on OWI, he or she must be operating a motor vehicle while also possessing an appropriately high blood alcohol content.
If you’re 21 or older, your punishable blood alcohol content is 0.08% and higher. If you’re under the age of 21, your punishable blood alcohol content is 0.02% and higher.
There is a separate penalty for those who operate commercial vehicles while under the influence. Their punishable blood alcohol content is 0.04% and higher.
Drunk Driving in Milwaukee: The Consequences
If you’re found guilty of drunk driving in Milwaukee, you are punished based on how many OWIs you already possess. While all guilty parties will be punished harshly, those who have been guilty more than once will be punished especially harshly.
Those who are receiving their first OWIs will not be subjected to jail time unless they injured or killed someone while under the influence. Instead, they will be punished by fines of up to $300.
In addition to these fines, they can have their driver’s licenses suspended for up to 9 months. So that they can still go to work, they might be rewarded with an occupational driver’s license. This license allows for guilty individuals to operate their vehicles when (and only when) they are going to work.
When an OWI hits your record, it stays there for a period of 10 years. Any additional OWIs which are added to your record before this 10 years ends will be judged with progressively harsher penalties.
Your second OWI offense is punishable by between 5 days and 6 months in prison. In addition to this prison time, it is also punishable by between $300 and $1,100 in fines.
There is also a chance that second-time offenders could have their driver’s licenses suspended for between 12 months and 18 months. In some cases, the guilty parties will be allowed occupational driver’s licenses.
Those who receive an OWI for the third time in 10 years will be punished by between 30 days and a year in prison. In addition to prison time, they can be forced to pay between $600 and $2,000 in fines.
Someone who has received a third OWI will almost certainly have his or her license suspended. At this point, it can be suspended for anywhere between 2 and 3 years. However, there is still a chance that he or she will be allowed an occupational driver’s license.
Should you receive any more than three OWIs in 10 years, you will start to be penalized with major prison time.
Charged with Drunk Driving in Milwaukee?
Have you been charged with drunk driving in Milwaukee? If so, you’re going to need a staunch legal defense. It’s highly recommended that your hire a defense attorney.
If you’re looking for a Milwaukee defense attorney with a reputable record, we here at Hartley Pecora are the people to see. We’ve defended clients in a variety of different drunk driving cases, resulting in reduced sentences for a number of our clients.
Contact us today for 24/7 service!
Sexual assault is a crime which occurs in a number of different severities. Not all sexual assaults are created equally. Though all sexual assaults cause harm of some kind, some sexual assaults are especially heinous.
If you’re reading this, there’s a likelihood that you’ve been charged with sexual assault in Milwaukee. Perhaps you’re hoping to get an idea of what you’re up against? If so, you’re in the right place.
Let’s discuss the different levels of sexual assault in Milwaukee.
Levels of Sexual Assault in Milwaukee
All forms of sexual assault involve a perpetrator committing uninvited sexual acts upon a non-consenting victim. The severity of a sexual assault charge is affected by factors such as injury infliction and degradation, to name just a few.
1st Degree Sexual Assault
A sexual assault which results in serious injury or unwanted pregnancy is a 1st degree sexual assault. Assaults such as these are typically accompanied by extreme violence. Using threats of violence to commit sexual assault is also often considered 1st degree sexual assault.
If you commit 1st degree sexual assault, you are committing either a Class A or a Class B Felony. When committed against an adult, a 1st degree charge can have consequences of up to 60 years in prison. When committed against a child under 13, this charge can have consequences of up to life in prison.
2nd Degree Sexual Assault
2nd degree sexual assault is a form of sexual assault which involves using someone’s vulnerability in order to commit sexual acts upon them. There are a number of different cases which could be considered 2nd degree assault. Having sex with a mentally impaired or disoriented person is a common form.
Those who commit 2nd degree sexual assault in Wisconsin can see penalties of up to 40 years in prison with fines of up to $100,000. This form of sexual assault is considered a Class C Felony.
3rd Degree Sexual Assault
3rd degree sexual assault is a form of sexual assault which involves degrading or humiliating the victim. Anyone who places ejaculate, feces, or urine upon a victim against his or her will is committing 3rd degree sexual assault.
In the state of Wisconsin, 3rd degree sexual assault is considered a Class G Felony. These felonies are punishable by up to 10 years in prison, and by up to $25,000 in fines. This form of sexual assault will also land you on the sex offender registry.
4th Degree Sexual Assault
The least severe form of sexual assault in Milwaukee is 4th degree sexual assault. This is a form of sexual assault which involves the perpetrator groping the genitals of the victim without his or her consent. Regardless of whether the victim is groped over or under clothes, assault has still been committed.
4th degree sexual assault is a Class A Misdemeanor in the state of Wisconsin. Class A Misdemeanors are punishable by up to 9 months in prison, and by fines of up to $10,000. There is a chance that this crime could also land you on the sex offender registry.
Hire a Reputable Attorney to Defend Yourself
Regardless of the severity of the charges levied against you, you’ve got a very serious court case ahead of you. If you want to beat your charges, or, at the very least, minimize them, you’re going to need a solid defense attorney on your side.
Hartley Pecora has defended numerous clients against charges of sexual assault in Milwaukee. We will help to strengthen your defense, giving you your best shot in court.
Contact us 24/7 for assistance now 414.383.3004.
There can sometimes be a tendency for us not to take drug possession charges seriously. Those who are charged with possession of drugs typically expect a fine, and maybe some community service.
What you might not realize is that being charged with drug possession can seriously affect your life. Not only can it result in fines and community service, but prison time as well. Not to mention, it can leave a black mark on your public record.
For this reason, you need to be able to knowledgeably defend yourself against any drug possession charges levied against you. Are you facing drug possession charges in Milwaukee? Keep reading to understand exactly what you’re up against.
Drug possession simply entails knowingly having illegal drugs on your person. Different drugs yield different penalties, with harder drugs being penalized with the most severity. Read below to understand the penalties for possessing different types of drugs.
Possession of Marijuana
Being in possession of marijuana for the first time is punishable by up to 6 months in prison, and by up to a $1,000 fine. Possession for the second time is punishable by up to 3 ½ years in prison, and by up to $10,000 in fines.
Possession of LSD
The hallucinogenic drug, LSD, is punished more harshly than is marijuana. Those who are found guilty of possessing this drug for the first time can see prison time of up to 1 year and can face fines of up to $5,000. Second-time offenders can face a maximum of 3 ½ years in prison and can face maximum fines of up to $10,000.
Possession of Cocaine
If you’re found guilty for the possession of cocaine for the first time, you could face prison time of up to a year with fines of up to $5,000. If you’re found guilty of possession for the second time, you could face prison time of up to 3 ½ years with fines of up to $10,000.
Possession of Methamphetamine
Like with cocaine and LSD, possession of methamphetamines is charged based on how many offenses the perpetrator has committed. First time offenders can spend up to 1 year in prison with fines of up to $5,000. Second-time offenders can spend up to 3 ½ years in prison with fines of up to $10,000.
Possession of Heroin
Possession of heroin is considered to be an especially serious offense. All offenders, whether they be first or second-time offenders can face up to 3 ½ years in prison with fines of up to $10,000.
Possession of Illegal Prescription Drugs
If you’re found guilty of possession of prescription drugs which you were not prescribed, you could be met with a whole host of penalties. The exact penalties you face will be based on the type of drug that you illegally possess.
Defenses Against Drug Possession Charges in Milwaukee
There are a number of ways to defend yourself against drug possession charges in Milwaukee. You can challenge the way in which drugs were seized by law enforcement officials, challenge the idea that you were ever in possession of drugs in the first place, or strive for a reduced guilty sentence, to name just a few options.
If you’re charged with drug possession, we advise that you hire a defense attorney. Only then can you gain a true understanding of your situation.
Fighting Drug Possession Charges in Milwaukee?
As was noted above, if you’re facing drug possession charges in Milwaukee, you’re going to need a stellar legal defense. Fortunately, you’ve found it right here with Hartley Pecora.
Our team of attorneys has defended clients against a variety of drug offenses, resulting in a number of charge dismissals and not-guilty verdicts.
Contact us 24/7 for assistance now 414.383.3004.
In the state of Wisconsin, veterans in the court system are sometimes (and rightfully so) treated a little differently than average citizens. Due to the repercussions of the stresses that military veterans endured during their service to our Country, they are lent a little more assistance by the court system.
Not all court systems in Wisconsin, however, offer the same type of assistance to veterans. Different jurisdictions have different programs established to help veterans ease back into civilian life and respond to their mistakes. In this particular post, we’ll discuss the programs which can be used by veterans in Milwaukee.
Here is everything there is to know about criminal defense for military veterans in Milwaukee and other parts of Wisconsin.
Court Services for Veterans in Wisconsin
As with any other individual, when a veteran is charged with a crime, he or she must appear in court to defend him or herself against this crime. Like any average citizen, veterans can be found guilty or not guilty, and will be sentenced accordingly.
Where veterans differ from average citizens in the Wisconsin court system is the fact that they are extended a little more empathy and understanding. It’s understood by judges that veterans could be suffering from the many stresses of military life. There is an understanding that a veteran’s actions could be deeply affected by these stresses.
This is why, regardless of whether a veteran is found guilty or not guilty, he or she is offered additional assistance by the courts. The various Wisconsin Counties offer programs to help veterans who are suffering from mental health issues, addiction issues, or societal acclimation issues. These programs are provided as a way to get veterans back on track, ensuring that said veterans live within the law in the future.
Working with the County Veterans Services Officers and other agencies that support veterans, there are courts dedicated to truly rehabilitating prior and current military members.
Milwaukee Veterans Program
In the County of Milwaukee, a bevy of different organizations work together to ensure that veterans in the court system have all the assistance that they need.
Defense attorneys, the Department of Veteran Affairs, and the Milwaukee County District Attorney’s Office have worked together to establish the Veteran Treatment Initiative. This initiative allows for veterans to have their legal charges dismissed or reduced based on whether they meet specific criteria.
Often, the program will also provide mentors for veterans in the court system. These mentors will offer support and answer any questions that veterans may have.
In Need of a Criminal Defense Attorney in Milwaukee?
Are you a veteran who is being charged with a crime? Are you in need of a criminal defense attorney in Milwaukee who is experienced in working with veterans? If so, Hartley Pecora Law Offices has you covered.
Our team of attorneys has worked with dozens of veterans, helping them to navigate Wisconsin and Milwaukee’s unique court systems. Regardless of what you’re being charged with, we can and will assist you.
Contact us at your leisure. We’re available 24/7!
Embezzlement occurs when an employee steals funds from the company that he or she works for. This offense can be committed at all levels, and can involve anywhere from a few hundred dollars to hundreds of thousands of dollars.
Depending on how much money is stolen, embezzlement can be a very serious offense. If you’ve been charged with embezzlement, you’ve got a very important court case ahead of you.
Here are somethings you need to know about embezzlement in Wisconsin.
What is Embezzlement?
As was stated above, embezzlement occurs when an employee of a company steals or manipulates company funds. This occurs when the employee in question is put in charge of said funds.
Embezzlement can happen over a short period of time or over a long period of time. The offender can either take one lump sum of money, or take small amounts of money incrementally as time passes.
What are the Penalties for Embezzlement in Wisconsin?
The penalties for embezzlement in Wisconsin are based on how much money is stolen or misappropriated. While minor embezzlement will land you with a misdemeanor, more extreme embezzlement with land you with a felony and serious jail time.
Less Than $2,500
When the amount of funds embezzled total under $2,500, the embezzler is charged with a Class A misdemeanor. A Class A misdemeanor can result in up to 9 months in prison, with fines of up to $10,000.
Because the offender is only charged with a misdemeanor, he or she will not be deeply affected in the future. Though the offense will show up on the offender’s public record, it won’t be considered nearly as serious as a felony.
Between $2,500 and $5,000
The next financial level for embezzlement in the state of Wisconsin is between $2,500 and $5,000. Those who embezzle this amount of money are committing a Class I felony, and can face punishments of up to 3 1/2 years in prison. In addition to this prison time, offenders can also face fines of up to $10,000.
Having a Class I felony on your record can do substantial damage to your reputation. It could very well hinder your ability to secure employment in the future.
Between $5,000 and $10,000
When an offender embezzles between $5,000 and $10,000 in funds, he or she is committing a Class H felony. A Class H felony is punishable by up to 6 years in prison, and by fines of up to $10,000.
In some cases, embezzlers can be charged with a Class H felony even if they steal under $5,000.
More Than $10,000
The most serious form of embezzlement is embezzlement in which more than $10,000 are stolen or misappropriated. This level of embezzlement is considered a Class G felony, and is punishable by up to 10 years in prison. In addition to prison time, offenders can also be forced to pay up to $25,000 in fines.
If a Class G felony appears on your record, it will be exceedingly difficult to find employment in the future.
How Can You Defend Yourself Against Embezzlement Charges in Wisconsin?
The best way to defend yourself against embezzlement charges in Wisconsin is by hiring an experienced defense lawyer. If you’re looking for an experienced defense lawyer in the Milwaukee area, we here at Hartley Pecora have got you covered.
Our team of attorneys have defended clients in a number of different embezzlement cases. It’s our goal to minimize your penalties as much as legally possible. Put our experience to use in your defense.
Contact us now. We are available 24/7!
Whether you’re in Wisconsin or any other state, sexual assault is a serious offense. Because it’s a serious offense, it comes with serious penalties.
Sexual assault cases are not created equally. Different sexual acts are hit with different levels of charges. In Wisconsin, there are four forms of sexual assault: first degree, second degree, third degree, and fourth degree.
Have you been charged with sexual assault in Wisconsin? Here is everything you need to know about it.
Forms of Sexual Assault in Wisconsin:
First Degree Sexual Assault
The most serious form of sexual assault in the state of Wisconsin is first degree sexual assault. This form of sexual assault involves any unwanted sexual contact which results in serious injury or pregnancy. This type of sexual assault is often accompanied with the use of a deadly weapon.
The penalty for first degree sexual assault is either a Class A or Class B felony. A Class A felony is punishable by up to life in prison. This punishment is typically reserved for those who sexually and violently assault a child under the age of 13.
A Class B felony is punishable by up to 60 years in prison. This punishment is typically reserved for those who commit violent and sexual assault against an adult.
Second Degree Sexual Assault
Second degree sexual assault is a form of sexual assault which includes threats with a deadly weapon. Typically, the weapon is used as a way of coercing the offended party to have sex with the offender.
A person can also be charged with second degree sexual assault if he or she uses a position of power to perpetrate the offense.
In Wisconsin, second degree sexual assault is considered a Class C felony. A Class C felony is punishable by up to 40 years in prison. This penalty is levied regardless of whether a child or adult is assaulted.
Third Degree Sexual Assault
While third degree sexual assault isn’t quite as serious as first and second degree sexual assault, it’s still a very serious offense. Third degree sexual assault includes any situation in which an offender ejaculates, urinates, or defecates on a person as a means of sexual humiliation.
Third degree sexual assault is considered a Class G felony in the state of Wisconsin. It is punishable by up to 10 years in prison, and by fines of up to $25,000. It will also land perpetrators on the sex offender registry.
Fourth Degree Sexual Assault
The least heinous (yet still very serious) form of sexual assault is fourth degree sexual assault. This form of sexual assault includes any situation in which a perpetrator gropes or fondles a non-consenting individual. It doesn’t matter whether the assaulted individual is touched under or over clothing.
In the state of Wisconsin, fourth degree sexual assault is considered a Class A misdemeanor. A Class A misdemeanor is punishable by up to 9 months in prison, and by up to $10,000 in fines. Again, even for minor cases such as these, offenders can end up on the sex offender registry.
Hire a Reputable Defense Lawyer
If you’ve been charged with sexual assault, it’s highly recommended that you hire a defense lawyer. These charges are very serious, and can result in lengthy prison sentences.
If you’re looking for a reputable defense lawyer in the Milwaukee area, Hartley Pecora has got you covered. Our team of seasoned attorneys has defended clients in a bevy of sexual assault cases, and is well-equipped to defend you.
Contact us now—we are available 24/7.
When legal charges are levied against you, you’re best served by hiring a defense lawyer. A competent defense lawyer will have a deep understanding of the law, and will be able to minimize your legal penalties as much as possible.
However, not all defense lawyers are created equally. Not only do they specialize in different areas, they possess different levels of experience as well.
In order to choose the right criminal defense lawyer, you have to ask questions. Here are 7 questions to ask before hiring a criminal defense lawyer.
1. “Where Did You Attend Law School?”
When hiring a lawyer, you want to ensure that he or she has got a legitimate education on his or her side. While all lawyers are required to attend law school, some attend law schools which are more renowned than others.
Ensure that your prospective lawyer has attended an accredited law school before deciding to hire.
2. “How Long Have You Been Practicing Law?”
While young lawyers may be very good at what they do, you don’t want to risk your trial by hiring someone who’s inexperienced. For this reason, you need to ensure that your lawyer has years of experience under his or her belt.
A lawyer could have all of the knowledge in the world, but if he or she doesn’t possess real-world experience, he or she will not be able to represent you optimally.
3. “Are You Experienced in Defending Against My Charges?”
Not only do you want a lawyer with real-world experience, you want a lawyer who’s got experience in your particular type of case. A lawyer can only successfully defend you if he or she knows the ins and outs of your charges.
Before hiring a lawyer, make sure to ask whether or not he or she has participated in your particular type of case.
4. “Will You Be the Only Person Working on My Case?”
A question you must ask before hiring a defense lawyer is if he or she will be the only person working on your case. Some lawyers will use paralegals and other assistants to chip in on their cases.
This isn’t necessarily a bad thing, but it might not be your preference. Be sure that you’re comfortable with the working style of your lawyer.
5. “In What Manner Do You Typically Handle Your Cases?”
Different defense lawyers tend to handle their court cases in different manners. Whereas some lawyers look to settle with the prosecution, others look to get their clients off scot-free.
Inquire as to how your prospective lawyer typically handles his or her cases so that you know what to expect once the trial begins.
6. “In Your Opinion, What is Likely to Happen with My Case?”
A very important to question to ask your prospective lawyer before making a hire is what he or she expects to happen with your case. Does he or she think you can win? Does he or she think you will have to make a deal?
Try to find a lawyer whose mindset is in line with your hopes for the case. However, remember to also be realistic about the outcome.
7. “Can You Give Me an Estimate of the Fees for My Case?”
One last thing that you should be sure of before hiring a defense lawyer is what you’ll have to pay for his or her services. In most cases, lawyers charge by the hour. What they charge by the hour is based on their experience, popularity, and other such aspects.
You want to be sure of the approximate fees you’ll have to pay so that you don’t get hit with any surprising bills.
Hire a Criminal Defense Lawyer in Milwaukee
Are you looking for a reputable criminal defense lawyer in Milwaukee? If so, we here at Hartley Pecora Law Offices have got you covered.
Our team of lawyers has defended clients against charges of all kinds, from battery, to sexual assault, to drug possession, and much more. With years of experience on our side, we can handle anything that comes our way.
Contact us now, we are available 24/7!
When people get on the internet, they have a tendency to do things that they otherwise wouldn’t. They engage in theft, they say things that they wouldn’t typically say, and they commit acts which they would not normally commit.
What these people don’t realize is that they sometimes skirt the edge of legality. They sometimes break laws, committing cyber-crimes.
With that being said, here are 5 cyber-crimes you should know about.
Sexting is the act of digitally distributing photos of yourself posed in a sexual manner. While this act is not always considered illegal, it can be considered illegal if distribution is made to restricted individuals.
For the most part, restricted individuals include those who are considered minors. Sending or showing a minor a picture of a person engaged in a sexual activity is against the law, and can land you in some serious hot water.
Breaking this law can not only land you on the sex offender registry, it can also put you in prison for up to 25 years.
Cyberbullying is the word used to describe online harassment. Though this act is not always easy to prosecute, it can be against the law. This is especially true if it results in a suicide, assault, or homicide.
Most cyberbullying occurs over social media sites such as Facebook and Twitter, and can be carried out on people of all ages.
There are no cut-and-dry penalties for this crime. A litany of sanctions can be levied against those who commit acts of cyberbullying.
3. Identity Theft
Another cybercrime is online identity theft. This crime involves accessing someone’s private info online, and then using it to steal money or make unwarranted purchases.
Hackers use viruses known as malware to record the online actions of different internet users. They then piece together this information as a means of stealing and manipulating the user’s identity. Credit card numbers, social security numbers, and passwords are all figures which are targeted during identity theft.
Depending on the level of identity theft, this crime can carry serious consequences. At the very least, fines will need to be paid. At the very most, the perpetrator will be forced to spend decades in prison.
4. Viral Attacks
While it’s not illegal to create a virus or malware, it is illegal to spread that virus to other computers.
Viral attacks occur at all different levels, with some viruses hitting just small networks, and others hitting vitally important networks. Typically, the more negative the impact of the virus, the harsher the penalty for its distributor.
In essence, if a virus causes financial or medical ruin, its distributor is likely to face years in prison.
You’re likely well aware of the fact that online piracy – like all forms of piracy – is illegal in the United States. Online piracy involves using the internet in order to steal or trade copyrighted property.
Most typically committed with the sharing of movies and music, this is one of the most oft-broken cybercrimes.
Those who are found guilty of online piracy can face up to 5 years in prison, with fines of up to $25,000.
Have You Been Charged with a Cyber Crime?
Have you been charged with a cyber-crime? Are you looking for a defense lawyer in the Milwaukee area? If so, we here at Hartley Pecora Law Offices are the people to see.
We’ve defended clients against cyber-crimes of all types, and are more than prepared to defend you. Our team of attorneys will offer a staunch legal defense, minimizing any penalties levied against you.
Contact us now, we are available 24/7.
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!
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