OWI Charges When You Are Below the Legal Limit

You can still be charged for an OWI if you are below the limit

Wisconsin, like most states, has a threshold blood alcohol content that defines legal intoxication. That limit, .08, is the point at which you will automatically be found legally intoxicated. Unfortunately, testing below that level may not be enough to free you of OWI charges. If you are arrested for an OWI, you will need to work with an experienced criminal defense attorney.

What OWI Really Means

OWI stands for operating while intoxicated. One measurement of intoxication is the legal limit for blood alcohol content. If you take a breathalyzer or blood test and measure higher than .08, you may be found guilty. There are other ways to measure intoxication, though. Every individual is different. Some people will be impaired at lower levels, and police officers will look for signs before they give a test.
When a police officer pulls you over, he or she often conducts field sobriety tests. They look for signs like slurred speech, slow movements, and loss of balance. If you show any of these signs of intoxication, you can be arrested even without testing at the legal limit

Building Your Legal Defense

If you are arrested for OWI, this can be frustrating. Remember that there is no level of safe drinking and driving. If you have had even one drink, there is a good chance that it will affect your judgment and your driving ability. Even if you are below the legal limit, driving when you are impared remains illegal.
On the other hand, being below the legal limit gives you room to argue. An experienced criminal defense attorney might look at whether the police officer was justified in pulling you over or testing you. He or she can also challenge whether the police officer conducted the field sobriety tests appropriately. Being under the legal limit may not save you, but it gives you a chance.
If you are in the Madison, Wisconsin area, Eisenberg Law Offices can help with your OWI defense. If you are arrested when you are below the legal limit, contact us online or at 608-256-8356 to build your defense.
This post was originally published at https://www.eisenberglaw.org/owi-charges-when-you-are-below-the-legal-limit/.

Personal Injury Claims When You Are Partially At Fault

How to determine fault for a personal injury claim

Accidents happen. When they do, figuring out whose fault it was can be complicated. You may have made a mistake, and it can leave you believing that you can't do anything about it. Fortunately, this is often not the case. An experienced lawyer can help you with your personal injury claim, even if an accident was partially your fault.

Sharing the Blame

It can be too easy to blame yourself for an accident. On the highway, you may have reacted too late to another driver's actions. You may look away for a moment and slip and fall on someone's property. In these situations and many others, the other party will try to blame you for your own injuries. This approach can discourage you from even filing a claim--which is exactly what they want. If you accept all the blame, you won't recover for someone else's negligence.

Contributory Negligence in Wisconsin

Fortunately, the law recognizes that more than one person can be at fault. Wisconsin, like most states, does not keep you from recovering when you are partially responsible for an accident, unless a court finds that you are more than fifty percent responsible for what happened. That means that if another person was at least as responsible for your accident as you, you can recover damages.
In these situations, courts reach a decision on how much responsibility you bear, and reduce your damages accordingly. If your mistake made you forty percent responsible, for example, any damages you suffer will be reduced by that amount. In that scenario, a $1 million damages determination would leave you able to recover $600,000 from the other party.

Getting Experienced Legal Help

None of this is simple. After an accident, you need legal help from experienced attorneys who can not only help you understand your case, but break it down and show a court that your mistake does not outweigh the negligence of others. For help in Madison, Wisconsin, contact Eisenberg Law Offices, online or at 608-256-8356. We will help you get the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/personal-injury-claims-when-you-are-partially-at-fault/.

What to Do After an Accident with a Semi-Truck

Any accident you experience on the road is scary. Accidents with semi-trucks, though, create particular dangers for you. The large vehicles, traveling at highway speeds, can cause a lot of damage when something goes wrong, and often leave other drivers with significant injuries. If you have been in an accident with a semi-truck driver, you need to protect yourself and your legal rights.

How Accidents with Semi-Trucks Happen

Truck drivers often work long hours driving. This can leave them tired and prone to mistakes. Even professional drivers can get into trouble in these situations. If something goes wrong, whether hitting a patch of ice on a Wisconsin highway or having a tire blow out, these large vehicles and their trailers lose control, veering into other traffic. Depending on what the driver is hauling, the contents can spill and create all kinds of other hazards as well.
Unfortunately, when a semi-truck loses control, you may not be able to avoid a collision. These accidents will often destroy your vehicle and cause serious injuries to you and others traveling with you.
Protecting Your Legal Rights
The most important thing after a semi-truck accident is to seek medical help. Treat your injuries and take care of yourself and those with you. Your health and well-being need to come first. That said, make sure you get documentation of your injuries, treatment, and costs. Keep track as well of the time you need to recover and any lost work, because all of this is part of what you can recover.
As soon as you can, get the information on the other driver, his or her insurance coverage, and the employer. Semi-truck drivers usually work for a trucking company. If the accident occurs in the course of their employment, both the driver and the company will be liable for your damages.
The legal framework for your recovery can be complicated. Before you try to work out a settlement with the driver's insurance company, contact an experienced personal injury attorney. Eisenberg Law Offices is here to help in the Madison, Wisconsin area, online or at 608-256-8356.
This post was originally published at https://www.eisenberglaw.org/what-to-do-after-an-accident-with-a-semi-truck/.

Second Offense OWI | Wisconsin Second Offense Penalties

Penalties for Second Offense OWI in Wisconsin

It should come as no surprise that the penalties associated with a second offense OWI in Wisconsin are more severe than those for a first offense OWI. One of the reasons for this is because first offenses are considered civil offenses/violations while second offenses are a criminal offense/violation without exception. This naturally leads to more severe repercussions.

Criminal charges for a second OWI include jail time, monetary fines and loss of driver's license for up to 18 months, but specifics depend on the circumstances of the situation.

Possible Penalties For Second Offense OWI

An OWI is considered a second offense in Wisconsin if the driver has received a prior OWI conviction in the last ten years. Although the state has set minimum and maximum penalties for the offense, the judge in the case will determine the actual sentence handed down, but it will be within the minimum and maximum ranges. This may include:

·         Jail time ranges from five days to six months. The range is doubled if there was a passenger under 16 years of age in the vehicle at the time of the offense.

·         Fines range from $350 to $1,100 for second OWI convictions. This minimum and maximum doubles with a BAC of .17% to .199%. It triples for a BAC of .20% to .249% and quadruples for a BAC of .25% or higher.

·         An Alcohol and Drug Assessment is mandatory for all OWI convictions in Wisconsin. An assessment will be made and drivers may be required to complete additional treatment, OWI classes or other rehab programs based on the results of that assessment.

·         Up to 18 months driver's license revocation is possible.   

·         Ignition Interlock Device (IID) will be ordered for at least one year upon reinstatement of the driver's license or occupational license.

·         Other consequences include the cost of alcohol and drug assessment programs, mandatory high-risk auto insurance rates, potentially higher life and health insurance rates, time off work, impound fees, and more.

Protect Your Future With Help From Eisenberg Law Offices' OWI Attorneys

The costs associated with a second OWI in WI can easily reach into thousands of dollars and the impact on your life can be ruinous. This is why it is so important to have an experienced OWI defense attorney representing you if you are charged with an OWI. The Eisenberg Law Offices' OWI attorneys can help by arguing for a reduced sentence or may even be able to help you avoid conviction entirely.

If you are facing OWI charges in Wisconsin, whether it is your first or second OWI or more, contact our team at 608-256-8356 or by emailing Info@eisenberglaw.org to arrange a free consultation. Your future is too precious to leave to chance.
This post was originally published at https://www.eisenberglaw.org/second-offense-owi-wisconsin-second-offense-penalties/.

Personal Injury Liability In Multiple Vehicle Accidents

Determining Liability for Personal Injury Claims in a Multiple Vehicle Accident

On the face of it, a multiple vehicle accident can appear to be the fault of the last driver in the chain, but in reality, any of the drivers could be at fault, even more than one of them. This is because multi-vehicle accidents often occur due to a combination of factors – weather, speed, traffic on the roads, time of day, and road conditions - as well as driver actions. Drivers themselves range from newly licensed to those with decades of driving experience and from professional or commercial drivers to those who drive only occasionally.
These are just a few of the reasons why a personal injury claim about a multi-vehicle accident requires investigation and a thorough examination of evidence. There are simply too many factors at play to easily determine who is liable for the accident.

Factors That Influence Multiple Vehicle Accident Liability

Personal injury attorneys will examine all of the above-mentioned factors and more to determine liability in a multi-vehicle accident. This helps ensure the client is given access to all areas of potential compensation and that the party that is liable is held responsible for their actions. In general, you can expect your attorney to investigate:

• All drivers involved in the accident. Attorneys will try to ascertain the driver's actions and behaviors leading up to the accident to determine if those actions or behaviors may have contributed to the accident.

• All vehicles involved in the accident. Faulty equipment or vehicle malfunction can cause accidents or contribute to the injuries sustained. For this reason, attorneys will always look at the vehicles' repair and maintenance histories to find out if there was any mechanical issue that may have influenced the accident.

• Site conditions. The location of the accident and conditions of the site at the time of the incident will also be examined. Construction activities, delivery trucks that block line of sight, and road conditions can all contribute to an accident and may indicate that someone other than a driver is at least partially liable for the accident.

If you are ever involved in a multiple vehicle accident for which you pursue an injury claim you should expect your attorney to examine these factors and more to successfully advocate your position. Your attorney can even interact with insurance companies on your behalf if you feel you are wrongly denied compensation or are offered a payout that is unacceptable.

Let Eisenberg Law Advocate For You

There is no reason to be intimidated by a multi-vehicle personal injury claim when Eisenberg Law Offices is on your side. Our personal injury attorneys have decades of experience investigating claims, building arguments, dealing with insurance companies, and navigating the legal process to help our clients recover financial compensation after car accidents.
If you or a loved one has been involved in a car accident or is having trouble managing the insurance claims process, contact Eisenberg Law Offices at 608-256-8356 or by emailing Info@eisenberglaw.org. We can help make sure the facts are investigated and that you receive fair treatment throughout the process.
This post was originally published at https://www.eisenberglaw.org/personal-injury-liability-in-multiple-vehicle-accidents/.

Jail Sentencing | Huber Work Release In Wisconsin

What to Expect When Sentenced to Jail in Wisconsin

The defense attorneys at Eisenberg Law Offices in Wisconsin work hard to keep our clients out of jail, but sometimes, jail time is unavoidable given the severity of the charges or if the crime has mandatory jail time. If you do find yourself facing time in jail or prison, our team is here to help you navigate the sentencing and service process.

Jail and Work

One of the most common questions we hear is "Can I leave jail to go to work?" In some cases, the answer is yes. If you were granted Huber Work Release, you are able to leave the jail to go to work, receive treatment, take care of your children, or search for a job. The specifics of your work/personal release program is determined by the jail staff. It is considered a privilege and can be taken away if the staff determines that you are not following the Huber Work Release rules. If this happens, you may even lose credit towards "good time" (good time can lead to a 25% reduction in your sentence) or have to serve "straight time", which is jail for 24 hours a day with no option of work release.
Huber Work Release starts with an eligibility evaluation. This takes place on the day you report to serve your sentence with Huber release. The jail will give you a drug test and an alcohol test right away. If you fail either test, your work release will be denied and you will have to serve your sentence as straight time.
Those on Huber Work Release are able to bring clothes and other necessary items with them to jail. You will need to check with the specific jail to find out what is and is not allowed. You will also have to bring certain documentation and pay Huber release fees. Failure to bring the documentation or fees can result in a denial of work release.

Monitoring Bracelets as an Alternative to Jail

Electronic monitoring via ankle bracelet may be a possibility. Similar to Huber release programs, electronic monitoring is at the discretion of the jail where you will be serving time. If you are eligible for Huber release, the bracelet will allow you to go to work, be at home, etc. depending on the terms of your work release. Each has its own requirements and restrictions, so you'll need to work out your restrictions with the jail.

Reporting for Jail in Wisconsin

The judge determines when you are to report to jail. You may be taken into custody immediately after the sentence is announced or you may be given a report date on which to turn yourself in. If you do not show up to the correct jail on your report date, you'll be charged with a felony. In Wisconsin, the term "prison" is used to refer to sentences of more than one year with no release privileges or good time credit.
In general, you will be able to request a transfer to a jail located in the county in which you live. This is done after you report to the jail to which the judge has sentenced you. The county jail that you have requested has final say if you can be housed there or not.

Eisenberg Law Offices Can Help You Navigate Sentencing and Work Release Options

The best way to prepare for jail is to have an experienced advocate on your side. The defense attorneys at Eisenberg Law Offices will work hard through every step of your case to collect and/or challenge evidence, evaluate police actions and conduct, negotiate with the prosecution, or discuss sentencing options with the judge, including work release, to minimize the impact of a jail sentence on your life.
Contact Eisenberg Law Offices at 608-256-8356 or by emailing Info@eisenberglaw.org to schedule a free, no-risk consultation with one of our Wisconsin criminal law attorneys to prepare for your court case or sentencing hearing.
This post was first published at https://www.eisenberglaw.org/firm-overview/articles/jail-sentencing-huber-work-release-in-wisconsin/. 

Brain Injury Lawsuits | Traumatic Brain Injury

How Brain Injury Lawsuits Help Victims

A brain injury usually occurs as a result of trauma to the head. They are common after car accidents and sports accidents but may result from intentional acts or even simple falls. The incident may cause visible damage to the outside of the head as well as less-visible damage to the brain. Brain injuries range from mild concussions to severe brain damage that can change a person's personality and affect the entire rest of their life.
When the injury is caused by another person's negligence, whether intentional or unintentional, the victim should consult a Wisconsin personal injury attorney who has experience with such cases. In these situations it is possible to file a personal injury lawsuit to try and obtain compensation for the injury. That compensation can be extremely helpful, and necessary in many cases, for the victim to recover from the injury and move ahead with their life.

Brain Injuries Are Particularly Complex

The brain is the essence of who a person is. It defines their sense of self as well as their intellectual and even physical abilities. When it is damaged, so is the person and their ability to experience life. Sometimes brains don't heal after suffering damage or injury. Sometimes the injury, even though it is in the brain, affects other parts of the body, resulting in physical as well as cognitive impairment. Particularly severe cases may be fatal or result in a coma or a permanent vegetative state. Even minor brain injuries can cause victims to experience depression, anxiety, or paranoia. Almost all brain injuries affect the victim's life in some way, shape, or form, impacting their ability to earn a living or maintain their quality of life.
It is because of these varied and far-reaching impacts that so many people who have suffered brain trauma decide to consult a Wisconsin personal injury attorney for help. Obtaining a fair settlement from a personal injury claim can be necessary for victims to rebuild their lives.

Diagnosis and Treatment Challenges

Brain injuries are not always evident immediately after an accident and can manifest in many different ways. Victims may not even realize they have a brain injury and may feel okay after an accident. If they skip going to a doctor or don't mention any troubling symptoms, an accurate diagnosis is made even more difficult. Even though the technology exists to make it easier to identify and diagnose brain injuries diagnosis remains challenging.
Adding to the challenge of recovery is determining the best treatment approach when brain trauma is diagnosed. Brain injuries can take weeks, months, and even years to heal, even with intensive therapy and early intervention. In some cases, a full recovery is impossible. Treatment may require long hospital stays along with years of mental and physical therapy. At times, victims require disability care and accommodations, rehab services and even in-home care. Delayed or inaccurate diagnoses can hinder treatment and recovery and make a personal injury case even more challenging to prove, but the settlements involved in these types of personal injury cases have the potential to cover the costs of these treatments and care requirements.

Consult a Wisconsin Personal Injury Attorney After Brain Trauma

Brain injury cases are very different from other types of personal injury cases, which is why you want to have an attorney who is experienced in such cases helping you. These types of cases are challenging in regards to evidence collection, diagnosis, and causality and the lag time between when the accident occurs and when a diagnosis is often used to question the validity of the claim. The brain injury attorneys at Eisenberg Law are familiar with the specific legal aspects of these cases and have been very successful in representing victims and their families.
Contact Eisenberg Law Offices at 608-256-8356 or by emailing Info@eisenberglaw.org to discuss your situation with a Wisconsin personal injury attorney. We offer free consultations.
This post was first published at https://www.eisenberglaw.org/firm-overview/articles/brain-injury-lawsuits-traumatic-brain-injury/.