By Ray Dall’Osto

Being pulled over by a law enforcement officer for a traffic stop is stressful; however, the possibility of being arrested for OWI (Operating While Intoxicated, also called DUI) can make things much worse. If you are pulled over for a traffic stop or on suspicion of drunk driving, it is important for you to understand your rights. If you don’t know how to assert your rights, you have none.

The Right to Avoid Self-Incrimination

By: Attorney Steven McGaver and Law Clerk Kenneth Baker

Some Wisconsin lawmakers recently announced a proposal to lower the legal drinking age to 19 years old. This proposal has one significant condition: federal highway funding cannot be withheld from the state.

In 1984, Congress passed the National Minimum Drinking Age Act (NMDAA). The act created a uniform age for the legal consumption of alcohol at 21. If states refused to raise their legal drinking age, the Department of Transportation would withhold federal highway funding. Eventually, all 50 states passed legislation to raise the drinking age to 21, including Wisconsin on September 1st, 1986.

By: Kenneth Baker

The restrictions imposed by an OWI conviction can be quite burdensome. Some restrictions, however, are not known to individuals that have been charged with an OWI. For example, Canadian Immigration officers have the power to deny persons with OWI convictions from crossing the border into Canada. In fact, if you have been arrested or convicted for driving under the influence of drugs or alcohol, regardless of whether it was a felony or a misdemeanor, you may be criminally inadmissible to Canada or denied entry.

Canadian Immigration Officials have introduced a new entry requirement, known as an Electronic Travel Authorization (eTA). In order to receive an eTA, individuals have to disclose their criminal convictions, which may bar them from entering Canada. Even if you will not be driving in Canada, you can still be denied entry. Individuals who have been acquitted of an OWI can still be stopped at the border and denied entry. This stringent border patrol comes as a surprise to many US citizens.

By: Steven McGaver and Jason Luczak

If you are accused of drinking and driving, you could be charged with one of several crimes, depending on the facts of your case. For instance, if someone was injured in an accident that may be attributed to your intoxicated driving, you will likely face even much penalties than what would be typical with an OWI conviction.

Due to the severe penalties associated with OWI injury charges, a criminal defense lawyer is necessary to defend your rights in court and to speak to prosecutors on your behalf. 

By: Kenneth Baker

Now that it is officially summer, people in Wisconsin are once again enjoying the outdoors and the warm weather. This change of season sparks an interest for many to get out and enjoy the city in various ways. Some people enjoy playing volleyball at Bradford Beach, some swim in Lake Michigan, and some enjoy the beautiful parks we have here in Milwaukee. What happens though when you ride your bike to one of these locations and drink a few alcoholic beverages?

The State of Wisconsin has long recognized the dangers of driving under the influence of alcohol, dating back to 1911. The law then barred any intoxicated person from operating any automobile, motor cycle, or other similar motor vehicle. Through the years, the Wisconsin Legislature has altered the language of the law. But to this day, it remains largely the same. The current OWI statute generally bars any person from operating a motor vehicle while under the influence of an intoxicant. But, what does this mean for bicyclists?