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Waukesha Criminal Defense Law Blog

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.

The problem in Philadelphia

3 criminal charges that can stem from drinking

Nothing is more fun than relaxing at your favorite bar and having a few beers. Perhaps you are with friends, winding down from work and talking about the events of the day. The last thing you want is to leave in the back of a cop car with criminal charges pending for a simple mistake. When you drink too much, though, that is exactly what can happen. 

The following are three criminal charges that could result from excessive drinking or simple carelessness. Whether you drink most nights of the week or only once in a blue moon, be careful that you do not find yourself in any of the following legal situations. 

Is marijuana legal in Wisconsin?

With marijuana reform sweeping the nation, you may be wondering if Wisconsin is on board before you try to obtain the substance. Many states have allowed the use of medical marijuana, with a few also permitting recreational use for adults. Currently, Wisconsin has not done either, though things may change in the future.

Knowing the present state laws regarding cannabis can help you prevent getting into legal trouble while in school. 

Helpful tips you should not ignore about DUI traffic stops

With the number of motorists on the streets increasing each year, Waukesha area law enforcement officers frequently perform DUI stops to apprehend the growing number of drunk drivers. Many people do not realize when they have one sip of alcohol too many and get in their cars only to end up in police custody. 

If you often go out after work and on the weekends to drink and hang out with friends, you should take every precaution to avoid getting a DUI charge. If you decide to drive after drinking, you risk getting pulled over for a DUI traffic stop. A conviction has a long-lasting impact on your life. Here is some advice for you to keep in mind. 

Has an OWI arrest jeopardized your Wisconsin CDL?

If your occupation is a trucker or bus driver, the last thing you want is to lose your commercial driver’s license.

However, the penalties in Wisconsin for driving under the influence when operating a commercial vehicle are severe and could seriously disrupt your career.

Domestic abuse charges and their effects

People may receive domestic abuse charges in a variety of ways. Over the years, the courts have begun to crack down on such offenses, and those who are convicted may receive stiff penalties.

Someone who faces a domestic abuse charge may find it helpful to understand what all it entails. The charge itself, as well as the conviction, can have a strong effect on a person's life.

Why have DUI arrests for women increased in recent years?

A 2014 study focused on drunk driving cases across the nation revealed that DUI arrests had increased for women while similar arrests for men had declined.

Those responding, from judges to alcohol treatment professionals, confirmed that there was an upswing in the number of women going through the justice system. Why have DUI arrests for women gone up?

Yes, you can still get an OWI when not driving

You might enjoy hanging out with your friends at the bar in the Waukesha area and having a few drinks. But you might not realize that you can still get an OWI/DUI charge without driving. You do not need to drive your vehicle haphazardly on the roads to do so. If you drink alcohol and sit inside of your vehicle with the keys in the ignition or in your lap, you could find yourself face-to-face with a law enforcement officer. 

According to the laws regarding intoxicated driving, you must not operate a vehicle while under the influence of a substance, in this case, alcohol. You might think that you can use the fact that the vehicle was not turned on when law enforcement detained you. Here is why that defense may not hold up in court. 

When children face adult charges

Everyone makes mistakes as a child, but when those mistakes bring harm to others, they may come with significant penalties. If your child faces an offense as a juvenile, you may assume the case will go to a juvenile court. However, that is not always to be.

There are certain instances where a minor may face adult charges. It is important to understand what constitutes such determinations and what it may entail.

Should I plead the fifth?

If you ever find yourself apprehended by the police for a crime in Wisconsin, you may wonder if you should speak up or plead the fifth. One of your Miranda rights states you have the right to remain silent to avoid self-incrimination. You may not realize it, but you do not have to say anything to law enforcement except to give them your name, birth date and other information they can use to identify you. During a criminal trial, you can plead the fifth. The jury and the prosecution cannot use that protection to determine your guilt. 

The prosecution can use your words to incriminate you 

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