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Waukesha Criminal Defense Law Blog

Your keto diet may cause you to fail a breathalyzer test

In the leadup to the holidays, you may plan to try to shed a few pounds to compensate for the overeating you intend to do. While there are many ways to lose weight, the keto diet is popular among many men in Wisconsin. The point of the diet is to force your body into ketosis, a natural metabolic state where the body burns fat instead of storing it. 

Striving for a healthy weight is an admirable goal. Still, your keto diet may expose you to legal consequences that may not have occurred to you. Specifically, while a variety of factors affect blood alcohol concentration, your eating plan may cause you to fail a BAC breath test. 

Cyberbullying may land your child in hot water

Gone are the days when bullying happened only on the playground. Nowadays, parents must keep close tabs on their children’s social media accounts and other online platforms. If the young one in your family engages in cyberbullying, he or she may face serious consequences both from school officials and prosecutors. 

Wisconsin law requires school districts to implement policies to address and reduce bullying. While the district’s policy may lead to punishment for on-campus behavior, other laws may draw the attention of local prosecutors. Here are some criminal laws your child may violate if he or she engages in online bullying: 

3 reasons taking an OWI plea may be a bad idea

Driving under the influence of alcohol is not smart. After all, if you have consumed too much booze before climbing behind the wheel, you may not be able to safely drive your vehicle. Even worse, if you end up hurting someone or damaging property, prosecutors may charge you with both operating a vehicle while intoxicated and reckless endangerment. 

Often, agreeing to plead guilty is an effective way to put your past behind you. Still, accepting a plea deal is not right in every situation. Before you do so, you should understand some of the drawbacks of pleading guilty to an OWI in Wisconsin. 

A criminal conviction may complicate your educational plans

Former U.N. Secretary-General Kofi Annan recognized the importance of education, saying, “Education is the premise of promise, in every society, in every family.” Whether you want to pursue a professional career, learn more about a certain topic or simply better yourself, going to college is usually an effective strategy. If you have a criminal record, though, you may face some roadblocks. 

Pursuing a formal education is never easy. After all, students must make certain sacrifices to achieve their goals. Those who have a criminal conviction in their past, though, may have a harder time obtaining admission to a college or university. As such, if you face criminal charges, you likely want to work diligently to minimize the effect on your schooling options. 

Do not let a bar fight assault charge ruin your life

Most people understand that a bar fight is just that: a short and isolated disagreement in the heat of the moment. However, when people do not see eye to eye after the conflict, or when there is a long-standing grudge between the fighters, these simple confrontations can sometimes expand out of proportion.

Occasionally in such cases, the law gets involved. Not just the police, but the courts as well. Whether it is the families of one of the fighters pushing her or him to press charges or the fighters convince themselves that the law is a good way to get back against someone who got the better of them in a fight, this legal confrontation can be disastrous. It affects both the person bringing the action and the person who is the target. Luckily, there are often multiple ways to deal with assault charges resulting from a bar fight, not all of which require people to go and stand before a public court.

Important factors of Wisconsin's OWI laws

Every day, accidents occur due to individuals who drive while under the influence. For this reason, the authorities crack down on people who drive while impaired

If you or a loved one face such charges, it can be helpful to fully understand the law it stands upon. In that vein, you should know a few important factors regarding Wisconsin's OWI laws.

Could drivers face jail for a first-time DUI?

A first-time DUI is a civil infraction in Wisconsin, the only state that does not criminalize the offense. Enjoying a little too much bubbly and getting behind the wheel may only leave you with a fine if it is the first time you have gotten pulled over for it.

Now, however, a handful of lawmakers have their sights set on changing that. Under a new bill making the rounds throughout the Wisconsin legislature, a first-time DUI would come with a fine up to $500 and a 30-day stint behind bars.

Do juvenile arrests require an attorney?

If the police arrested your child on serious charges, such as for a violent crime, you may wonder what to do next. You should not underestimate the seriousness of a juvenile arrest. Just because your child is under 18 does not mean he or she will not necessarily face legal punishment.

The juvenile justice system adjudicates minors under the age of 18. This justice system is different from the adult criminal justice system. That being the case, not only does your child need a lawyer to move through the system effectively, he or she needs an attorney who knows how this particular system works.

What the 911 Good Samaritan law means

Opioid use is on the rise across all demographics across the country, and different states are implementing individual strategies and laws to deal with the consequences. In Wisconsin, the 911 Good Samaritan law passed in 2014 granted immunity for people who called an ambulance during an overdose. In 2017, the legislature revised the law to extend the immunity to the victims of drug overdoses to deal specifically with victims of drug overdoses.

What does immunity mean in these situations and is it was warranted? The 911 Good Samaritan law may be a crucial component in saving people's lives.

Breathalyzer machines do not always work properly

If you are arrested on suspicion of drunk driving, you could face serious consequences if you refuse to take a breathalyzer test. You may have a legitimate reason for your refusal, but keep in mind that a breathalyzer is not infallible. It is a piece of equipment, and equipment can run into unexpected problems.

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