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Distracted driving and impaired driving continue to be a problem
Traffic deaths are rising in Wisconsin. Last month, 66 people died in car crashes, representing an increase by three from the same month last year. The increase in traffic deaths is particularly unfortunate considering the improvements in car safety and road safety over the years. Experts blame the increase in traffic deaths on distracted driving, impaired driving and failure to wear seat belts.
Due to the increase in traffic fatalities, Wisconsin police are making a stronger effort than ever to enforce intoxicated driving and distracted driving laws. That means that police are eager to pull over anyone who appears like he or she might be intoxicated behind the wheel. They will also pull over those who appear to be texting while driving or using their social media accounts while they're driving.
As a part of this process, Wisconsin will be participating in the annual Drive Sober or Get Pulled Over campaign. This law enforcement campaign targets intoxicated drivers and it goes from mid-August to Labor Day.
Do I have to submit to a Breathalyzer test?
If a police officer pulls you over or suspects you've been driving while intoxicated by alcohol, the officer will request that you take a Breathalyzer test as a part of a larger drunk driving investigation that also includes a field sobriety test. The officer will ask you to do the Breathalyzer test by telling you to blow into a tube. A machine will then analyze the alcohol content of your breath to estimate your state of intoxication.
Breathalyzer tests are known to be plagued by inaccuracies, however, and many drivers don't trust them. This prompts a lot of people to refuse a Breathalyzer test out of the fear that false or inaccurate evidence from the test could later be used against them in court. Fortunately, there are several situations in which a driver can legally refuse to submit to a Breathalyzer test.
If the officer has yet to establish any kind of drunk driving evidence against you, and the officer is merely asking you to perform a Breathalyzer test as a way of fishing for evidence, you may have the legal right to refuse the test in some cases. However, in other cases, refusing a breath test can result in serious criminal consequences and even the suspension of your drivers' license.
Drunk drivers no longer staying in jail for 12 hours
In Wood County, Wisconsin, the rules used to state that someone who had been picked up for drunk driving had to stay behind bars for at least 12 hours. Obviously, it could be longer if there were other charges, but simple DUI arrests meant 12 hours in jail to sober up.
Not anymore. Now, police are able to let drivers go before the 12-hour mark if they have a responsible adult who can take care of them.
For example, a 21-year-old college student who was picked up on DUI charges could be released to his or her parents.
Some say that the change is a good one, as it opens up jail space and may help save money. Others argue that these drivers need more time behind bars and are putting others in danger if they get out early.
The sheriff did explain it by pointing out that the people being released had simply been accused and arrested, not convicted. People who will eventually be cleared in court are arrested for DUIs all of the time, and it's dangerous to assume they're guilty. Legally speaking, everyone has the right to be presumed innocent unless the court shows otherwise.
Drunk driving convictions and employment background checks
If you've been accused of drunk driving, you're in danger of having a bad mark on your criminal record. That mark could get in the way of employment opportunities -- particularly ones that involve driving.
Different kinds of criminal background checks expose different types of offenses. Depending on the nature of the check, your prospective employer might discover your drunk driving charge. Although your employer -- be it a federal agency or a Wisconsin business -- cannot discriminate against you based on a drunk driving conviction without a valid reason, this kind of discrimination can happen under the radar.
Background checks and getting hired for a job
Under federal case law, federal courts have ruled that prospective employees can seek protection from hiring discrimination based on a prior drunk driving conviction. More specifically, courts have ruled that employees can receive protection from hiring discrimination via Title VII of the Civil Rights Act of 1964.
Drunk driving in America
Want to stump your friends with a bit of drunk driving trivia? Toss this out the next time you're quaffing a few cold ones at the corner bar: What holiday nets the most arrests for impaired driving? Most will guess New Year's Eve, St. Paddy's Day or the 4th of July. But they will be wrong, as it is the combined Thanksgiving holiday weekend that fills up America's drunk tanks the fastest.
To understand more about the problem of drunk driving, it's a good idea to consult someone well-versed in the subject. In this case, it is Barron Lerner, Columbia University professor and the author of One for the Road: Drunk Driving Since 1900.
While Lerner concedes that the problem has decreased dramatically since 1982, the year that 26,173 people lost their lives in collisions involving alcohol, his view is that the laws need to be far stricter. The fact that the number of people who were killed in alcohol-related crashes in 2009 dropped to 12,744 does not seem to faze him.
Drunk driving scenarios
Wisconsin drunk driving lawyers are not miracle workers, but they can assist you in navigating your criminal charges. In some cases, when your criminal defense counsel can identify holes in the prosecution's case, they may be able to get your charges dropped or dismissed. In other cases, your lawyer might be able to reach a plea deal in order to get your punishments reduced.
The criminal, career, social and financial consequences of an operating while intoxicated (OWI) conviction are serious. Nevertheless, 3.1 percent of Wisconsin drivers still admit to driving after having too much to drink. As a warning to all drivers, let's look at a few possible scenarios that drunk driving defendants commonly face:
- First-time offenders with OWI charges: A first-time OWI charge is usually a non-criminal offense, which doesn't result in jail time. Those convicted of this crime will usually face a large fine, a nine-month maximum license suspension, a 12-month maximum ignition interlock device (IID), an alcohol assessment exam, and at least six points on their drivers' licenses. Additional penalties unrelated to the criminal aspects of this conviction could include an increase in insurance premiums and professional consequences. Incidentally, if your OWI charge was also connected to injuries, you might have to spend 30 days in jail.
Educators can be deeply impacted by a DUI conviction
As an educator, such as a teacher or coach, you know one thing to be true: Your students and/or players look up to you at all times. For this reason, you have to hold yourself to high standards. Unfortunately, there are times when people make mistakes outside of work. If this happens, such as being charged with driving under the influence, it could have a negative impact on your career.
Being arrested and charged with DUI doesn't necessarily mean you will be convicted. You can put this behind you once and for all by avoiding a conviction.
The best DUI defense strategy
There is no simple way of saying which defense strategy is best since no two people are faced with the same circumstances. This is why you need to do two things:
- Consult with a qualified DUI attorney.
- Learn more about the many types of strategies that have worked for others in the past.
Some of the most common strategies include:
Facing a criminal charge? Pay attention to these factors
For people who are facing their first encounter with the criminal justice system, there are some aspects that might be a mystifying. This can cause them to feel stress and uncertainty. As you can imagine, having these feelings for months while the case moves through the system is difficult and frustrating.
While there isn't really a way to take all of the unpleasantness out of the process, it is possible to learn a little about it so that you can feel prepared as you fight the charges you are facing. Here are some points to think about to get you started on your quest for knowledge about the criminal justice system:
Grand jury vs. trial jury
There are two types of juries involved in the criminal justice process -- the grand jury and the trial jury. The grand jury is the larger of the two and is comprised of 16 to 23 jurors. These men and women look at the evidence in a case to determine if there is enough to believe that a person committed the crime. If they find probable cause, they are likely to recommend that the person face criminal charges, which is known as an indictment. The meeting isn't open to the public and defendants don't have a right to attend.
Facing shoplifting charges
The act of taking an item in a concealed manner and leaving without paying is called shoplifting. Although it is a larceny, it is considered a theft of someone else's property. Although taking something from a store is considered as shoplifting, there are some other cases that may also lead to shoplifting charges. Any scenario in which you take off with something without paying will be considered shoplifting under the law.
The charges and sentencing for shoplifting usually vary depending upon the type of offense committed. For example, if the stolen goods are of more value, the sentencing could be severe. Furthermore, dangerous items like weapons being stolen is a serious issue which is why the charges are always more severe. The prosecution has the right to decide what charge they want to press against the defendant. There are several factors that the prosecutor analyzes before coming up with any formal charges. They may have a look at the defendant's prior record to see whether there is a history of shoplifting. Defendants without any serious history of shoplifting might get off easier than one's who have a history.
Factors that may impact the severity of a DUI charge
When facing a DUI charge, the prosecutors may decide the type or severity of the charge depending on the circumstances. Certain DUI charges are considered as minor and can be classified as misdemeanors, but others are more dangerous. Felony DUI’s can create a lot of problems for you in the future. If you are found guilty of a felony DUI, you might have to pay hefty fines and spend some time in prison. A felony DUI charge is complicated, and the prosecutor must comply with specific regulations before charging someone with a felony DUI which vary by state.
Blood alcohol level of the suspect is an important part of the felony DUI charge. A law enforcement officer may ask you to take a test if they suspect you are driving under the influence. Refusing the breathalyzer test is a crime in itself. Blood alcohol levels of 0.16 percent or more may result in felony DUI charges. However, levels as low as 0.08 are sufficient evidence to prove a simple DUI charge.
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