Wisconsin’s New Drunk Driving Law

Here’s a summary of the new Drunk Driving Law, effective July 1, 2010 put out by the Wisconsin Department of Transportation.

There are four main changes to existing law, including:

A fourth offense Operating While Intoxicated (OWI) will be a felony if it occurs within five years of an earlier offense.
Ignition interlocks devices (IIDs) will be required for repeat offenders and first-time offenders at or above a 0.15 blood alcohol level.
A greater emphasis will be placed on treatment for drunk drivers, helping reduce repeat offenses.
Increases first offense OWI to a misdemeanor if a child under 16 is in the vehicle.
Ignition interlock devices (IIDs)
Ignition Interlock Devices (IIDs) will be mandatory for the following convictions:
ALL repeat OWIs
ALL refusals
ALL 1st offense OWI with an alcohol concentration of 0.15 or higher
IIDs are required for every vehicle owned by or registered to the offender, unless the vehicle is specifically exempted by the court.
IIDs must be ordered for a minimum of one year:
For operating privilege, restriction begins when offender is issued an occupational license or reinstates operating privilege (cannot “wait out” IID anymore).
For vehicles, courts may order the IID restriction to begin immediately.
Failure to install, removal, disconnection, tampering or circumvention violations result in a six-month extension of IID.
Establishes a Prohibitive Alcohol Concentration (PAC) of more than 0.02 for persons subject to an IID order for the duration of the IID order.
More information regarding the installation of ignition interlock devices (IIDs) is also available.
If you have questions:

Impact on driver license revocation, reinstatement and occupational license
The driver license revocation period is extended by the number of days to which a person is sentenced to jail or imprisonment. For example, if a 12 month license revocation is imposed, and 5 days in jail, a revocation of 370 days will result.
The minimum waiting period for occupational license eligibility is reduced to 45 days, for 2nd / subsequent OWIs.
If no occupational license is issued, proof of IID installation is required for all vehicles owned and registered, before DMV can reinstate the offender’s driver license (cannot “wait out” IID).
The reinstatement fee for alcohol related offenses increases from $60 to $200.

I’ve Lost My License, Now What?

You’ve lost your license. In a state like Wisconsin where public transportation is limited, this can be devastating to your ability to make ends meet. There are ways a qualified attorney can help you through this process.

1. Occupational License

It may be that an occupational driver’s license is all you qualify for. You can check with the Department of Transportation to see if you you are eligible. If not, it’s time to contact anexperienced traffic attorney to see if anything else can be done.

2. Review a copy of your driving record.

You can obtain a copy of your abstract directly from DOT. This is essentially a waste of time if the lawyer you contact, as I do, has an account with the department that allows him or her to obtain your record via the internet. A qualified attorney will be able to review your record and determine the roadblocks preventing you from getting you back on the road.

3. Execute the strategy

Once it is determined which hurdles must be cleared, an experienced attorney will be able to begin the process of reinstating your operating privilege. Remember, there are many instances where this will not be possible. Generally speaking, we make attempts at improving the record through motions to reopen past convictions. This may put you in a position to reinstate. In the event that full reinstatement is not possible, an attempt can be made to make you eligible for an occupational license.

DOT Drivers & Vehicles

State Bar of Wisconsin | InsideTrack | As Innocence Project celebrates 10 years, an exoneree-turned-lawyer reflects on its life-altering impact

State Bar of Wisconsin | InsideTrack | As Innocence Project celebrates 10 years, an exoneree-turned-lawyer reflects on its life-altering impact.

 

This is the kind of story that made me want to go to law school in the first place. It really gives me the chills. It is a reminder that we as attorneys need to listen to our clients no matter how jaded we have become. It is also a celebration of the human spirit.

La-Z-Boy Puts Brakes on DUI Chair Auction | TMZ.com

La-Z-Boy Puts Brakes on DUI Chair Auction | TMZ.com.

Here’s a follow up to the DUI La-Z-Boy DUI story that I discussed in an earlier post. The chair manufacturer stopped an ebay auction of this motorized monstrosity to benefit the taxpayers that had reached over $43,000.  It seems that this story continues to have legs (or wheels) as the case may be.

 

“Even a fish wouldn’t get caught if he’d keep his mouth shut.” Hire an experienced, agressive attorney.

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