By: Law Clerk Quron Payne

Driving a vehicle after drinking alcohol is known to be dangerous, and drivers who have a certain level of alcohol in their system may be arrested for the offense of operating while intoxicated (OWI). However, some drivers may be uncertain about how the laws in Wisconsin address driving after using recreational drugs or other controlled substances. Are there certain levels of drugs that cause a person to be considered intoxicated? What about legal prescription drugs or other medications? Understanding how the laws address these issues can help a person avoid activities that could cause them to face criminal charges or other consequences that come with being arrested for OWI.

Wisconsin’s Definition of Impaired Driving

As is true in most other states, the legal limit for a driver’s blood alcohol content (BAC) in Wisconsin is .08 percent. A person will usually reach this BAC level after two or three alcoholic drinks. Even if they do not feel intoxicated or believe that they are safe to drive, they can face criminal charges if they are arrested and submit to a chemical BAC test that shows that they are over the legal limit. 

By: Law Clerk Quron Payne

The summer months are a time when many people enjoy themselves outdoors and participate in a variety of activities. People in Wisconsin have many opportunities for fun activities, including hiking, rock climbing, boating, and swimming in lakes, rivers, and public or private pools. While most people take care to protect the safety of themselves and others while participating in activities, accidents and injuries can still occur. Victims who are injured in these situations will want to determine their options for filing a personal injury claim and pursuing compensation that will address the damages they have suffered.

Liability for Recreational Activity Injuries in Wisconsin

People who are injured while participating in recreational activities may have multiple options for pursuing compensation. If an injury took place while visiting someone else’s property, such as when swimming at a pool at someone’s home or when using facilities at a business, a victim may be able to pursue a premises liability claim. If an injury was caused by defective equipment, such as faulty rock climbing gear, a victim may be able to pursue a product liability claim against the manufacturer.

By: Attorney Megan Drury

Parents may need to address issues related to child custody in a variety of situations, although this is most often a factor in divorce cases. Most of the time, parents will be able to share custody of children. Joint legal custody will allow both parents to be involved in decisions about how their children should be raised. Shared physical custody (known as physical placement in Wisconsin) will ensure that children will be able to spend reasonable amounts of time with both parents. However, there may be some situations where joint legal custody may not be appropriate, and if there are potential risks to children’s safety and well-being, certain types of restrictions regarding physical placement may be put in place.

Joint Legal Custody vs. Sole Legal Custody

In Wisconsin, family courts presume that it is in children’s best interests for parents to share joint legal custody. This will ensure that parents can cooperate to raise their children and work together to make decisions about important issues such as where children will go to school, which doctors will provide medical care, and the religion that children will be raised in. However, there may be some situations where a court may determine that it would be in children’s best interests for one parent to have sole legal custody. These include cases where a parent is incapable of performing parental responsibilities, such as when they have a serious illness or disability, as well as situations where a parent is not interested in maintaining an active and continuing role in raising their children. 

By: Attorney Megan Drury

Many people consider marriage to be a partnership. When a couple gets married, they will often combine their finances, and the income they earn and the property they purchase will be considered to be jointly owned by both spouses. Even if a couple wishes to keep their finances separate, they will need to be aware that any property they acquire during their marriage will generally be considered marital property. This property will need to be divided between the spouses if they choose to get a divorce. 

To address this issue, or to protect assets that either spouse owned before they were married, a couple may choose to create a prenuptial agreement. By understanding what this type of agreement (commonly referred to as a “prenup”) can and cannot do, a couple can make sure they are prepared to protect their financial interests as they plan for their marriage.

By: Attorney Cameron Weitzner and Paralegal Rachel Sweet

Marijuana use has become more and more accepted in the United States over the past several years. Several states have legalized marijuana for recreational use, and a total of 37 states allow the drug to be used for medicinal purposes. Because marijuana has been found to provide many benefits for patients, people in Wisconsin may be looking to use the drug. However, it is important to understand the current laws regarding medical marijuana since violations of these laws could result in criminal prosecution for drug charges. 

Wisconsin Lawmakers Propose Medical Marijuana Bill

Unfortunately for Wisconsin residents, marijuana has not been approved for medical use in the state. However, polls have shown that 80 percent of Wisconsin residents support the legalization of medical marijuana. The Republican-controlled state legislature has failed to address this issue in the past, but this could potentially change in the future. In April of 2022, State Senator Mary Felzkowski introduced a bill and held a hearing to address the legalization of medical cannabis.

For most parents, the possibility of their children suffering harm is one of the worst things to contemplate. Parents do everything they can to keep their children safe, but it is impossible to watch them every second of every day. When parents leave their children in someone else’s care, they expect those people to provide the same level of protection while also meeting the children’s needs. Unfortunately, this does not always happen, and children can sometimes suffer serious injuries at daycare due to the negligence of staff members. In these situations, parents will need to determine how they can hold a daycare center responsible for the harm suffered by their children and their families.

Causes of Injuries to Children at Daycare Centers

Daycare is often necessary during the day to ensure that children will be cared for while parents are working. Unfortunately, there are a number of issues that may put children at risk while they are at daycare, including:

• Dangerous toys or playgrounds - Many toys contain small parts that may be choking hazards for younger children, or they can sometimes have sharp edges or other problems that present a risk of injury. Children may be injured if age-appropriate toys are not provided or if staff members allow children to use toys that are damaged or otherwise unsafe. Children may also suffer injuries due to defective playground equipment at a daycare.

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By: Attorney Jorge Fragoso and Law Clerk Quron Payne

Numerous actions may cause a person to be arrested and charged with a criminal offense, and the penalties they may face will depend on the specific laws they are accused of violating and the harm that was done to their alleged victims. While there are many different ways to categorize criminal offenses, many crimes can be divided into two broad groups: crimes against persons and crimes against property. The latter are some of the most commonly committed offenses, and even though they may seem less serious, since they may not result in physical harm to a person, a conviction can still lead to significant penalties. Those who have been accused of property crimes will need to understand how the laws address their specific situation, as well as the potential defenses that may be available.

Wisconsin Property Crimes

Crimes against property may involve damage to someone’s property, illegally entering property such as a building, or misappropriation of money or property belonging to someone else. These charges include:

By: Attorney Christopher Strohbehn and Paralegal Ruth Campos

While motor vehicle collisions of all types can be serious, motorcycle accidents are especially likely to result in severe injuries. Motorcyclists have little in the way of protection, and they can suffer severe bodily harm if they are struck by a car or truck, thrown from their motorcycle, or make contact with the ground or other obstacles. Most motorcyclists recognize this danger, and they make every effort to protect themselves, including by wearing the proper protective gear, obeying traffic laws, and being vigilant for unexpected movements made by other vehicles. 

Unfortunately, it is impossible to prepare for every eventuality, and there are many situations where drivers act negligently, fail to share the road safely with motorcycles, and cause serious accidents. Motorcyclists who have been injured because of these actions may be able to take legal action and pursue compensation from negligent drivers who caused them any harm or injuries.

By: Attorney Megan Drury

Same-sex couples and those who are in the LGBTQ community have the same rights as opposite-sex couples. These include the right to get married, to end a marriage through divorce, or to grow their family by having children. In many cases, these couples will look to adopt children, and when planning to do so, they will need to understand their options and the procedures that will need to be followed.

Types of Adoption for Same-Sex Couples

The adoption process allows someone other than a biological parent to become a child’s legal parent. Same-sex spouses and other LGBTQ families may have multiple options for adopting a child, including:

Being arrested for drunk driving can cause a number of difficulties in a person’s life. A conviction for charges of operating while intoxicated (OWI) can result in a number of penalties, including large fines and potential jail time. However, one other issue that can play a significant role in these cases is the loss of driving privileges. An OWI conviction will typically result in a driver’s license suspension, and in some cases, after a person regains their driving privileges, they may be required to use an ignition interlock device (IID) on any vehicles they drive.

An IID is a breathalyzer device that is installed in a vehicle. A driver will be required to provide a breath sample before driving, and the vehicle will not start if their blood alcohol content (BAC)  is above .02 percent. Depending on the circumstances of an OWI charge, an IID may be required, or a person may obtain an occupational driver’s license that will allow them to drive with an IID during a period of suspension.

When Is an IID Mandatory?

Wisconsin law states that a person will be required to use an IID if they refused to take a chemical blood alcohol test after being arrested on suspicion of OWI, if they are convicted of OWI for a second or subsequent time, or if they had a BAC of .15 percent or more.