The U.S. Constitution grants American citizens certain rights. This includes the Fourth Amendment right protecting people from unlawful search and seizure by law enforcement. Many states require a warrant in order to obtain a blood sample from a motorist suspected of driving under the influence of alcohol or drugs. While each state has different laws and policies regarding the collection of evidence in a DUI case, some states, including Wisconsin, are under fire for having seemingly unlawful blanket policies and procedures on this issue.
Teenagers in Wisconsin and across the country are often known for making impulsive decisions. Some of these rash decisions can have major, life-changing results. Due in part to the physiological development of an adolescent brain, teens may be completely unaware that their actions can have severe consequences. In some cases, this information is only realized after a tragic incident occurs.
Many Waukesha residents enjoy having a few glasses of wine or beer when dining at a nice restaurant. Those who do so, however, must be careful about whether they choose to drive afterward. While many feel competent to drive after having a few drinks, they may be facing serious consequences if they are pulled over and charged with drunk driving, especially if it is not their first offense.
In February, we wrote that Wisconsin authorities and lawmakers are increasingly cracking down on drivers who allegedly drive intoxicated in recreational vehicles. This includes snowmobiles, boats, ATVs and other vehicles.
In our last post, we began a discussion about an interesting and important case that was recently argued before the Wisconsin Supreme Court. It is critical for prosecutors in a DUI case to show that the traffic stop was made lawfully; that is, that the officer had probable cause to stop the defendant.
We recently wrote about the acquittal of former Wisconsin Senator Randy Hopper. In the last two months, Hopper was found not guilty in a jury trial on charges of drunk driving. Based on the outcome of that trial, he was also able to beat a charge of refusal to submit to a breathalyzer test.
For those who are pulled over by police for suspicion that they are driving under the influence (DUI), the complicated criminal justice process begins as soon as law enforcement requests a field sobriety test or other chemical testing. In Wisconsin, even refusing to submit to blood or urine testing may result in DUI charges.
Earlier this week, we posted about a Wisconsin teenager who has been charged with four felonies for allegedly killing a man during a drunk-driving car accident. If convicted, the 18-year-old girl could spend up to 37 years in prison.