By Attorney Brianna Meyer

In Wisconsin, refusing a breathalyzer test after being arrested for suspected drunk driving can result in the suspension of your driver’s license. However, what many people do not know is that a roadside blood alcohol content (BAC) test is voluntary. Due to the danger of license suspension, many people submit to a breathalyzer test and live with the results that come from it. However, breathalyzer tests are not always 100 percent accurate, and there are ways to challenge the results in Wisconsin courts.

By Attorney Christopher Strohbehn

You may be driving on a road in a place where you travel all the time, when suddenly the road changes in some way due to construction. Construction zones pose significant risks to motorists, because they can unpredictably change a road, and drivers may be unsure about the proper ways to navigate these changes. In addition, construction zones can create dangerous roadway conditions if care is not taken to properly set up detours or closed lanes. Due to these factors, car accidents in construction zones are common. In fact, Wisconsin sees about 2,000 work zone accidents each year.

By Attorney Max Stephenson

While same-sex marriage has been legal for several years in Wisconsin and nationwide, some novel and difficult issues related to same-sex divorce continue to be considered by the courts. Those going through a same-sex divorce should be aware of these issues and the possible outcomes that may result.

By Attorney Christopher Strohbehn and Law Clerk Jason Findling

“Dooring” is a type of traffic accident where a bicyclist crashes into an open car door while riding on the road or a bicycle path. Opening a car door without checking for bike riders may cause a cyclist to collide with the car door, fall from their bike, and be thrown into traffic. These types of traffic bicycle accidents often cause serious injuries to cyclists and can even result in death to a biker. So, it is crucial that car drivers and passengers pay attention to their surroundings when opening car doors in bike lanes or in any other situation where a bicyclist may be near their vehicle.

 By Attorney Denis Regan

Estate planning is critical for everyone. Without a will in place, you will have no say about where your assets will go when you die. Two other areas of estate planning law that are often forgotten about but can be just as important are guardianship and power of attorney.

By Attorney Kristen Nelson

Being arrested for operating while intoxicated is scary. The first thing most people worry about is how the arrest and subsequent conviction will affect their driver’s license and their ability to drive. They hire an attorney who is experienced with OWI cases. But, if you are a healthcare professional in Wisconsin, you also need an attorney who is experienced with professional licensing defense.

Depending on your professional license, you may or may not need to report your OWI conviction to the licensing board that granted you your license. If you are renewing your license while the case is pending, meaning after your arrest but before the case is resolved, you will most likely need to report the arrest on your renewal application.

By Attorney Christopher Strohbehn and Law Clerk Nathan Froemming

A civil case involves a conflict between you, or your company, and another person or company. Mediation is often the best way to resolve a civil conflict, since it can save time and money for both parties. Mediation has become a common way to resolve disputes between parties and is an alternative to asking a court to make a decision. It is important for any civil litigant to understand what mediation is, as well as some of its benefits and drawbacks. 

What Is Mediation?

Mediation is a cooperative problem-solving process in which a neutral professional guides the parties in clearly identifying the issues in dispute and coming to agreements that are in the best interests of all parties. The mediator will not make a final decision in the case. Rather, it is the parties’ responsibility to arrive at a settlement. Mediation can be used as a tool to successfully resolve disputes in a wide variety of areas—including divorce, business, employment, personal injury, malpractice, and many more. 

By Bri Meyer and Jason Findling

With Governor Tony Evers in office, many people in Wisconsin are excited that pardons will be available once again. Unfortunately, the process of granting pardons to Wisconsin residents has gotten off to a slow start. Governor Evers, who promised during the campaign to issue pardons, said that he is “disappointed” that his administration has not set up the Pardon Advisory Board nearly four months into his term.

The Pardon Advisory Board will be made up of about 15 people who will review applications from felons and make recommendations to the governor. Gov. Evers said that he has a team of three lawyers who are working to revive the pardons review board and is hopeful that the Pardon Advisory Board will be operational by summer. Evers explained that his lawyers have not had enough time to resolve this pardon issue because they have been busy focusing on legal challenges to the lame-duck legislative session Republicans started in December.

By Bri Meyer and Jason Findling

After receiving overwhelming support from both Republicans and Democrats, Wisconsin lawmakers have continued to push for legislation that would allow more people to seek expungement. The bill is called the “Pathways to Employment,” a title that illustrates the purpose behind the proposed law: to help former non-violent offenders transition from prison into the workforce. The Pathways to Employment bill is designed to provide persons convicted of lower-level crimes with a second chance at life and also seeks to reduce Wisconsin’s labor shortage.

Expungement involves a person petitioning to have his or her criminal convictions expunged, or cleared from the public court record. Because a criminal record can hinder a person’s ability to secure housing, employment, financial aid, and other opportunities that require a background check, this new expungement law truly provides people with a second chance. Since the Pathways to Employment bill passed at the committee level with bipartisan support in both chambers, supporters believe that this bill will soon become law. A full vote to determine whether this expungement bill will become law is scheduled to take place in May. 

The U.S. Supreme Court recently announced that it will hear three cases involving discrimination on the basis of sexual orientation and sexual identity in the workplace. The consequences of their decisions in these cases could be far-reaching for private citizens as well as employers who must comply with state and federal employment laws. A recent study shows that LGBT people are much more likely to experience discrimination at work than their heterosexual peers. A 2017 Harvard study found more than one in five LGBT Americans report experiencing employment-related discrimination. Therefore, many LGBT Americans will be eagerly waiting to hear about the Supreme Court’s decision on this issue. 

This legal question has presented a split among the lower courts. Some courts have ruled that federal law prohibits employers from discriminating against those who identify as LGBT. Other courts have held that there is no law prohibiting this discrimination in the workplace.

The federal law involved in these cases is Title VII of the Civil Rights Act, which prohibits workplace discrimination on the basis of race, color, religion, sex, or national origin. Absent from this list is sexual orientation or transgender status. So, that begs the question: Can the word “sex” be interpreted to include sexual orientation or transgender status? Those who argue that Title VII does protect LGBT individuals say that sexual orientation is a subset of sex, which is a prohibited basis under Title VII. In addition, those who argue that Title VII also protects transgender individuals claim that it is impossible to discriminate against an employee based on that employee's status as a transgender person without being motivated, at least in part, by the employee's sex. On the other hand, those who argue that Title VII does not protect LGBT individuals claim that “sex” refers only to someone’s biological sex determined at birth.