What is the Role of the Miranda Rights in an OWI? I often have clients say, “They never read me my Miranda rights.” That’s when the officer says you have the right to remain silent, the right to an attorney, and so on. In an OWI case, it is most likely irrelevant. The arrest in…
What is The One Leg Stand Test? Field sobriety tests (FST) are used during an OWI traffic stop so that the police officer can collect enough evidence to meet his or her requirement of obtaining enough probable cause to legally take a sample of your blood, breath, or urine. Although there are many different types of field…
What is Collateral Attack Law? Now that you understand Wisconsin’s Double First Rule from our past blog, it is important that you also understand collateral attacks on past offenses. In Wisconsin you can “collaterally attack” past offenses based on our 5th Amendment Constitutional right to counsel Collateral attacks is an attempt to impeach or overturn…
What is the Importance of The Client Interview? In the context of legal representation, the client interview can be a nerve-wracking experience for both the attorney and the potential client. These nerves originate outside the context of the legal sphere and relate to the fundamental anxiety that all people feel when they have to meet…
Wisconsin is the only state in the country where your first drunk driving offense is not criminal in nature. The offense is not a misdemeanor or a felony; instead it is treated as a traffic ticket. Since the offense is just a traffic ticket, that means you aren’t looking at any jail time. The laws…
In Wisconsin, under the administrative code, before taking a sample of an OWI suspect’s breath at the police station with the Intoximeter, the officer must observe the person for twenty minutes. This does not apply to blood tests. The purpose is to make sure that the suspect doesn’t have any residual mouth alcohol, which can contaminate…
Field sobriety tests (FST) are used during an OWI traffic stop so that the police officer can collect enough evidence to meet his or her requirement of obtaining enough probable cause to legally take a sample of your blood, breath, or urine. Although there are many different types of field sobriety tests, the courts and…
During a consultation, a lot of people will explain to me a medical issue they have that would cause their performance on the field sobriety tests to be unreliable. Many people are unaware of how their medical issues actually affect their OWI case. The main question to determine is whether or not the officer first…
Field sobriety tests (FST) are used during an OWI traffic stop so that the police officer can collect enough evidence to meet his or her requirement of obtaining enough probable cause to legally take a sample of your blood, breath, or urine. Although there are many different types of field sobriety tests, the courts and…
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –4th…
