Second Offense OWI Wisconsin Penalties

 

Penalties for Second Offense OWI in Wisconsin

A second offense OWI is a serious crime with significantly more severe penalties than first offense OWIs. A first offense is considered a civil offense, but a second OWI is a criminal offense in the state of Wisconsin, no matter what the circumstances.

Wisconsin recognizes that if a driver has no prior OWIs within 10 years or a Great Bodily Harm or Homicide by Intoxicated Use offense and commits a second OWI, they will be penalized as if they have committed a first OWI.

Second Offense OWI Penalties

If you are convicted of OWI in Wisconsin for a second time, you may receive any and all of the following penalties:

• Jail time of up to 6 months, which can be doubled if there is a passenger under 16 years of age in the vehicle at the time.
• Fines range from a minimum of $350 to a maximum of $1,100. These minimums and maximums double when the driver’s BAC is .17% to .199%, triple for BACs of .20% to .249%, and quadruple for BACs of .25% or higher.
• Mandatory driver’s license revocation for 12 to 18 months. This can be increased if the driver refuses to submit to BAC testing. Revocation may be doubled if there was a passenger under 16 in the vehicle at the time of the stop.
• Ignition Interlock Device (IID). Once the driver's license has been reinstated or if the driver is granted a hardship license, an ignition interlock device (IID) will be installed and used for 24 to 36 months. This costs approximately $1,000 per year of service per vehicle and must be installed on all vehicles titled or registered in the driver’s name.
• Substance abuse treatment. All OWI convictions include mandatory substance abuse assessment within 72 hours of a conviction. The assessment results will be used to create a driver safety plan which can include treatment, OWI classes, or other rehab programs.

Drivers May Face Additional Consequences

The penalties listed above are only the legal penalties of a second offense OWI in Wisconsin. Drivers can face a number of other consequences for their actions if convicted. When combined these additional costs can add up to thousands of dollars. These include:

• The cost of drug and alcohol assessments and the subsequent driver safety plan.
• The cost of an occupational license and reapplication fees.
• Mandatory SR22 high-risk auto insurance costs.
• Higher life and health insurance rates.
• Lost time off work.
• Impound fees, and more.

Meet with an OWI Attorney in Wisconsin

The severity of the fines and penalties of a second offense OWI and the monetary costs of conviction make it clear that drivers who are facing such offenses need an experienced OWI attorney fighting for them. OWI attorneys will work hard to try and reduce your sentence, if not have the charges dismissed altogether.

If you are facing OWI charges in Wisconsin, contact the criminal defense attorneys at Eisenberg Law Offices. Our attorneys are skilled negotiators and trial attorneys, able to represent you through plea bargains or at trial. Schedule a free consultation by calling 608-256-8356 or info@eisenberglaw.org.

This post was originally posted at https://www.eisenberglaw.org/second-offense-owi-wisconsin-penalties/.

Lewd Conduct Charge | Wisconsin Lewd Conduct

 

Summer Sees an Uptick in Lewd Conduct Charges in Wisconsin

Summer is that time of year when people are more carefree, socializing out in public, and eager to kick back with a drink or two. It is also the time of year we see an increase in lewd conduct charges in Wisconsin. Lewd and lascivious behavior is considered obscene behavior, is not protected by the Constitution, and is a crime in this state.

Wisconsin defines lewd and lascivious behavior as:

• “an indecent act of sexual gratification with another with knowledge that they are in the presence of others: or
• publicly and indecently exposes genitals or pubic area.”

If convicted of a lewd conduct charge, it is a Class A misdemeanor. Class A misdemeanors are punishable by as much as 9 months in prison and/or up-to $10,000 in fines.

Proving Lewd Conduct

In order to obtain a conviction, the prosecutor must prove lewd conduct beyond a reasonable doubt. This requires that the following elements be proven:

• The defendant exposed their genitals/pubic area.
• The defendant exposed their genitals/pubic area publicly, that is, not in a hidden manner, but open to view.
• The defendant exposed their genitals/pubic area indecently.

“Indecently” is a grey area, but in general, conduct that offends the sense of decency of the community or is generally not tolerated by the community at large qualifies as indecent. Public and semi-public sex also qualifies, such as sex in a parked car.

Behavior that typically qualifies as lewd and lascivious includes:

• Groping
• Indecent exposure of genitals
• Sexual interaction with someone else in a public place
• Allowing someone else to touch you sexually in public
• Convincing or forcing others to touch each other in a sexual manner

Lewd Conduct Involving a Minor

Wisconsin does not have a specific law covering lewd conduct with a minor, but the state does have several laws concerning sexual acts with a minor. A lewd conduct charge could fall under one of two laws:

• Child enticement. When a person causes a child to enter a vehicle, building, room, or secluded place for certain purposes, including lewd and lascivious conduct, it may be prosecuted as child enticement. This is a Class D felony punishable by up to 25 years in prison and/or $100,000 fines.
• Exposing genitals to a child. This is very similar to the definition of lewd and lascivious conduct, but it involves exposure to a child. This is a Class I felony punishable by 3.5 years in prison and/or $10,000 fines.

Defense Against Wisconsin Lewd Conduct Charges

A lewd conduct charge is serious. A conviction will include criminal penalties, fines, and possibly jail time. But there are other things at stake too, such as your reputation, your job, and your social connections. Defending yourself against the charges is a must to protect yourself now and to protect your future.

Contact the Wisconsin criminal defense attorneys at Eisenberg Law Offices for representation if you are charged with lewd and lascivious conduct. We can help you build a strong defense to fight the charges and protect yourself. Call 608-256-8356 or email info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/lewd-conduct-charge-wisconsin-lewd-conduct/.

Early Car Accident Settlement Offers In Wisconsin

 

Why You Should Be Wary Of Early Car Accident Settlement Offers

If you have been in a car accident in Wisconsin, you may receive a car accident settlement offer from the insurance company responsible for covering the accident claim. Many Wisconsin drivers are eager to put the accident behind them and are willing to accept the offer without verifying that it will cover all of their anticipated expenses related to the accident. This can be problematic if it turns out that the offer does not cover all of your expenses because once you accept a settlement offer you cannot go back later and seek more compensation.

Beware Initial Car Accident Settlement Offers

Initial settlement offers seldom cover all of the costs associated with a car accident. This happens for many reasons. To begin with, the insurance company may be trying to keep costs down and hope that by making you an offer before too much time has passed, you will accept it without realizing it is not enough to cover your costs.

Another reason those early offers are almost always too small is exactly that not enough time has passed. It is unlikely that you have reached maximum medical improvement by the time an early offer is made. If you have not yet undergone all of your medical care, the offer cannot cover all of your costs because you don’t know the total amount of the costs of care.

A third factor to consider is the loss of future earnings or wages. If you miss work due to injury, are unable to perform your job and must change jobs or lose your job or ability to work at all, you lose income. A larger settlement amount will help cover those types of unexpected losses.

Other costs such as home modifications or equipment that you will need to recover or function in the future or travel costs to and from medical appointments should also be accounted for in the settlement.

Finally, non-economic damages, including pain and suffering, are likely not included in the initial offer. These are real costs that can have an economic impact on your life and should be accounted for in any offer accepted.

Strengthen Your Claim With Help From Eisenberg Law Offices

The list above covers just a few of the most common factors you will want to have covered by a car accident settlement claim. The Wisconsin car accident attorneys at Eisenberg Law Offices can help you evaluate settlement offers, file a personal injury claim and collect evidence to increase the value of your claim, and avoid mistakes and missteps that could damage your claim.

Contact our team to arrange a free consultation with a Wisconsin car accident settlement attorney. Call 608-256-8356 or email info@eisenberglaw.org to schedule.

This post was originally posted at https://www.eisenberglaw.org/early-car-accident-settlement-offers-in-wisconsin/.

Leading Causes of Car Crashes in Wisconsin

 

3 Factors That Rank as Leading Causes of Car Crashes in Wisconsin

Car crashes are common throughout the United States, including in Wisconsin. Despite improvements in automobile safety and even in spite of the reduced number of hours driven during the COVID-19 pandemic, accident rates are up. What is even worse, fatal car accident rates have increased as well.

There are three primary factors behind this increase in accidents: speeding, drunk driving, and distracted driving.

Speeding

The latest data provided by the state’s Department of Transportation’s Final Year-End Crash Statistics report is for 2020. During that year, there were 540 deaths associated with driving accidents in the state. Speeding contributed to 15,995 car crashes and 194 deaths that year, making it the single largest contributor to auto accidents. Excessive speed is particularly dangerous because it increases the risks associated with driving in many different ways. Speeding can:

• Reduce a driver’s ability to safely steer.
• Increase the stopping distance required.
• Increase the possibility of losing control of the vehicle.
• Limit the effectiveness of seat belts, airbags, and other safety devices

Drunk Driving

There were 6,050 alcohol-related car crashes in the state in 2020. The number of accidents involving alcohol has trended slightly downward since 2017, but the number of fatalities associated with drunk driving has been increasing. Although the legal limit for blood alcohol concentration (BAC) in Wisconsin drivers is .08, there is no safe limit for alcohol consumption when driving. Even if a driver is under the legal limit, he or she can experience impaired reactions by:

• Causing drivers to feel drowsy and have trouble concentrating.
• Affecting vision and hearing.
• Disrupting coordination and the sense of balance.
• Affecting reaction times.
• Affecting reasoning and judgment.

Distracted Driving

Distracted driving continues to contribute to car crashes in Wisconsin too. Anything that pulls attention away from the focus on driving qualifies as a distraction, including visual, audio, or cognitive distractions. Common examples include texting and talking on the phone, goofing around in the car, listening to excessively loud music, eating, applying makeup, shaving, or looking for items in a purse or bag. The risk of serious injury increases the faster the car is going. At 55 mph, a car will cover the length of a football field in just 5 seconds. That is an enormous distance to traverse without having eyes on the road and demonstrates just how dangerous distracted driving can be.

Recovering From Wisconsin Car Crashes

Car accidents can cause physical and emotional trauma and you may need assistance recovering from them. The car accident attorneys at Eisenberg Law Offices in Madison help drivers, accident victims, and the victims’ loved ones pursue injury and wrongful death claims to assist in this recovery. The financial impacts of car accidents are real and they can be devastating to a person’s financial situation.

If you or a loved one have been involved in a car accident and need help paying medical bills or living expenses due to a loss of income or function, contact our office. Schedule a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally posted at https://www.eisenberglaw.org/leading-causes-of-car-crashes-in-wisconsin/.

Ignition Interlock Device FAQs | Wisconsin OWI Laws

 

6 FAQs About Ignition Interlock Devices in Wisconsin

An ignition interlock device (IID) is often a penalty for OWI in Wisconsin, particularly if it is the driver's second OWI or higher or if the driver had a high BAC level. While IIDs used to be saved for only the most egregious of OWI violations, the technology has become much more accessible. As a result, IIDs are now mandatory for certain OWI convictions in the state. Below, we provide answers to six of the most common questions drivers have about ignition interlock devices.

Ignition Interlock Device FAQs

1. What is an Ignition Interlock Device?

The intention of the IID is to inhibit an inebriated driver from getting behind the wheel, preventing an incident before it has a chance to start. These devices are installed on the vehicle dashboard and operate much like a breathalyzer. The driver must breathe into the mouthpiece so that the device can measure the BAC level of the breath sample. If the sample registers below the programmed acceptable BAC level, the device allows the engine to start. If the breath sample is higher than the allowed BAC level, the engine is locked and cannot be driven.

Modern IIDs also require drivers to provide periodic samples once the engine has been unlocked and while the vehicle is in use. This helps deter drivers from drinking and driving or leaving the ignition on while they stop somewhere to get a drink in an attempt to circumvent the device. If the breath sample is not provided or registers at an unacceptable level, the device records the data, emits a warning to the driver that they are not permitted to drive, and sounds an alarm until the ignition is turned off.

2. Who Must Have an IID installed?

In 2010, Wisconsin state law was changed to require an IID to be installed when:

• A driver was convicted of a second OWI or greater.
• A driver registers a BAC of .15 or higher on their first offense.
• A driver refuses a breath or blood test at a traffic stop.

Every vehicle registered to the driver must have an ignition interlock device installed and the offender is not allowed to drive any vehicle without an IID installed as long as their driving privileges are restricted.

3. How Long do IIDs Remain Installed in the Vehicle?

In Wisconsin, IIDs must remain installed for at least one year, but each case is different and the total time of installation depends on the specific penalties, suspensions, and driving restrictions placed on the offender. Restrictions usually begin immediately. Anyone eligible for an operating privilege or occupational license must have the IID installed when their driving privileges are reinstated.

Failure to install the device, remove, disconnect, or disable it will result in a six-month extension, fines, and possible jail time.

4. Can I Just Wait Out the IID Order?

No. If you have been ordered to install an IID as part of your OWI penalties, you must comply with the order. It is always possible that you choose not to drive during the time that you must have the IID installed, but the clock on the IID order begins as soon as the DMV issues your license to you. When that happens, your license will indicate restrictions such as Class D with IID requirements.

5. How Much Does it Cost?

IID purchase and installation costs are the responsibility of the driver. Costs in Wisconsin are typically

$1,200-$1,400 per year, per vehicle. The state does have a low-income offender program in which qualified drivers may qualify for a 50% reduction in installation and removal costs and pay half the cost of the daily fee per vehicle.

6. Where do I get an Ignition Interlock Device?

Local service centers are certified to install and maintain IIDs. The Wisconsin DMV also maintains a list of certified installers and associated IID costs, here.

Help Is Available for Those Facing IID Restrictions

Eisenberg Law Offices helps Wisconsin drivers build OWI defense strategies that can reduce charges and help avoid IID restrictions. If you are facing an OWI with the possibility of having an Ignition interlock device installed in your vehicles, contact our Madison law firm to schedule a free case consultation with an OWI defense attorney. We will examine the facts, explain the charges against you, and advise you of your options.

Contact Eisenberg Law Offices at 608-256-8356 or info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/ignition-interlock-device-faqs-wisconsin-owi-laws/

Speeding And Car Accident Rates in Wisconsin

 

Speeding Remains The Number One Cause of Car Accidents in Wisconsin

Distracted driving and drunk driving garner headlines as being leading causes of car accidents, but in Wisconsin, the number one cause of roadway accidents can be traced back to speeding. This problem is overlooked as a serious cause of accidents and yet, some drivers speed nearly every time they drive.

In 2020, there were 15,995 vehicle accidents attributed to speeding in the state, according to the Wisconsin Department of Transportation. This resulted in 194 deaths. When speeding is suspected as being a factor, attorneys for both the victims and the defendants will collect and present evidence to build their case. In this post, we will take a look at some of the evidence sought.

How Attorneys Determine if Speeding Was a Factor in a Car Accident

Although witnesses and accident victims may believe speed was a factor in the accident based on their observations, car accident attorneys and investigators look for several pieces of evidence to determine if speed played a role in an accident. The attorneys at Eisenberg Law Offices will conduct their own investigation of the facts, by examining the following types of evidence:

• Photos of the Scene. Photographs or videos of the scene will be examined to help build a case. This includes scene photos as well as close-ups of damage to vehicles or other property or roadway evidence such as skid marks or debris. These photos can provide crucial, unobjective evidence that can help prove that excessive speed played a role in the accident.
• Witness Statements. Witnesses of the accident can help corroborate what the photographs show or what they missed and provide a valuable perspective on what happened.
• Reviewing the Police Report. Your attorney will examine the official police report to see if any preliminary conclusions were made and what, if any, citations were given and to whom.
• Video footage. Speed cameras and surveillance cameras from private property may have captured the scene or the time leading up to the accident and can be used to determine if a driver was speeding. Your attorney will be able to subpoena this footage to help build your case.
• Damage Reports. Mechanics and automotive experts may be called in to assess the impact damage to your vehicle, which can help determine if excessive speed was a factor.
• Electronic Data from the Vehicle. Newer model vehicles are equipped with onboard event data recorders (EDRs). Similar to airplane “black boxes”, EDRs capture vehicle speed, the use of the brakes, and other key data elements. This electronic record can provide vital evidence into the vehicle’s operation leading up to and during the accident.

Our car accident attorneys conduct thorough examinations of the evidence to build the strongest case possible for accident victims. This examination and presentation of evidence helps our clients obtain the full compensation to which they are due after an accident while allowing the victim the time and space they need to recover from their injuries.

Meet With a Car Accident Attorney at Eisenberg Law

Speeding is a pervasive problem in Wisconsin. It can happen in cities or rural areas, on highways or residential streets, and in all sorts of weather conditions. Victims of accidents in which speed was a factor, often do not have time to react and suffer the consequences of another’s actions without even an opportunity to protect themselves and through no fault of their own.

If you have been involved in a car accident in Wisconsin and believe speed played a factor in the accident, contact our office to arrange a free consultation. You will meet with an accident attorney to share the details of your case and find out if you have grounds for pursuing compensation. Call Eisenberg Law Offices at 608-256-8356 or email us at info@eisenberglaw.org to schedule your consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/speeding-and-car-accident-rates-in-wisconsin/.