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Effective Criminal Defense Since 1998

Racine Criminal Defense Blog

Can using mouthwash land you in jail for supsected OUI?

Do you think it is possible to face OUI charges in Wisconsin if a police officer pulls you over in traffic and you have not consumed so much as a drop of alcohol beforehand? If you answered, "No," then you'd better keep reading. If you answered, "Yes," then you're likely aware that there are numerous conditions and commercial products that can cause false positive results on a preliminary alcohol screening test.  

This test occurs at the scene of a traffic stop. This is different than a chemical Breathalyzer, which determines the amount of alcohol in your bloodstream. A preliminary test uses a mobile test device and merely detects whether or not there is alcohol on your breath. The only problem is that there are many things besides alcoholic beverages that happen to prompt such devices to register positive. You are in for quite a challenge if you plan to fight OUI charges in a Wisconsin court.  

The benefits and downsides of prescription drugs

If you suffer from chronic pain or another adverse health condition, you may be thankful for prescription drugs. Wisconsin doctors and others throughout the nation often prescribe narcotics to help alleviate pain or other medications to treat numerous types of ailments that might otherwise impede a person's ability to function or enjoy life.

The problem is the highly addictive nature of many prescription drugs. No one is immune from possible addiction when taking such drugs and those who tend have addictive personalities may be more at risk than others are. Misusing prescription drugs can lead to substance abuse as well as serious legal problems.

What are the standard field sobriety tests?

If you ever find yourself suspected of driving under the influence, police in Wisconsin will likely ask you to participate in some roadside testing. Field sobriety tests allow officers to look at a number of things that help them determine if a person is or is not under the influence of an impairing substance.

According to the National Highway Traffic and Safety Administration, there are only three standard field sobriety tests. What are these tests? What are they looking for? Is participation mandatory?

Police are not perfect: Mistakes may impact DUI cases

The idea of potentially facing serious consequences due to having criminal charges brought against you may immediately send you into an anxious frenzy. Throughout your life, you may have always tried to walk the straight-and-narrow path, but of course, everyone makes mistakes, often when they do not realize it. If an officer believes you consumed too much alcohol before driving, you could end up facing allegations of DUI.

Many factors can play important parts in DUI situations. From your blood-alcohol level to police actions, even the smallest details could impact the outcomes of your case. Additionally, even if the DUI charges seem unexpected because you did not feel intoxicated, you still need to focus on defending against the allegations.

What drug schedules mean for your case

Wisconsin criminal defendants know that when they are facing criminal charges of any kind, their future and their freedom is on the line. This is especially true for people facing drug charges. There are various types of drug charges, and if you face any type of criminal charge related to drug use, possession, manufacturing or trafficking, you would be wise to act quickly to protect your interests.

In many cases, the severity of a drug charge depends on the type of drug involved with your case. The federal Controlled Substances Act ranks many types of drugs, and this classification system could determine how serious the case against you may be. No matter what you are up against, you would be wise to work hard to confront the case against you.

Make sure you've got your Wisconsin marijuana facts straight

Has someone told you marijuana is now legal in Wisconsin? If so, unless you're already armed with the facts, this type of misguided statement could land you in a lot to trouble with the law. Currently, seven states, plus the District of Columbia, have passed laws regarding recreationally smoking marijuana. Wisconsin is not one of these states. Also, at the federal level, all possession, manufacturing, selling, delivering and use of marijuana remains illegal, which can lead to confusion in individual states where laws conflict.

You or one of your family members may suffer from a health condition where marijuana is said to have a beneficial effect to relieve symptoms. There are ample study reports available that show evidence of symptom relief and other positive results regarding those who use the drug medicinally. However, since state regulations are rapidly changing and federal laws contradict many state laws, it's best to seek clarification first rather than risk criminal charges later.

What you may not know about drunk driving in Wisconsin

Drunk driving is a serious crime, and like most states, Wisconsin laws bring steep penalties for individuals who choose to drink and drive. You may know that if convicted, a DUI or OWI can result in loss of driving privileges, time behind bars and more. However, that is not all you need to know about this type of criminal offense and its associated penalties.

Many people believe that it is a futile effort to fight a DUI or OWI, but that is not the case. In fact, it is possible to effectively confront these charges and possibly mitigate or avoid some penalties. A strong criminal defense begins by reaching out to an experienced defense attorney as soon as possible after an arrest.

What happens to driving privileges after a DUI or OWI?

Drunk driving charges come with serious penalties that can both inconvenience you and impact your finances. One of the most inconvenient of OWI and DUI penalties in Wisconsin is the loss of driving privileges. The ability to drive directly impacts your ability to work, transport your kids and perhaps continue with your education.

If you lost your license as the result of drunk driving, you may be qualified to seek an occupational license. This provision will allow you to drive yourself to certain places, but comes with significant restrictions. This type of license limits when you can drive, where you can go and even what type of vehicle you can drive.

Should you fight a first-time OUI charge?

Any criminal charge is serious, but the consequences of a first-time OUI, also known as DUI or DWI, can impact several areas of your life, including your right to drive. If you are facing drunk driving charges for the first time, it is critical to take the appropriate steps to protect your rights and long-term interests.

You should not underestimate the potentially long-reaching impact of an OUI charge. From the loss of your driving privileges to a permanent mark on your criminal record, it is worthwhile to seek the help of a defense lawyer in order to mitigate the potential penalties you face.


Law Offices of Christy M. Hall, LLC
601 Lake Avenue Suite 101
Racine, WI 53403

Phone: 262-822-3187
Fax: 262-822-4453
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