Recently, Harley-Davidson celebrated its 115 year anniversary with a weekend of motorcycle events in Milwaukee. The festivities included a parade, a demonstration of motorcycle driving skills by police and civilians, and factory tours.

For many people, a birthday or anniversary is a time to celebrate with an alcoholic beverage, but it is important to remember that drinking and riding motorcycles do not mix. The law in Wisconsin is clear: motorcyclists cannot drive with a BAC (blood alcohol content) of .08% or greater. In addition, driving under the influence, also known as operating while intoxicated (OWI), comes with stiff penalties in Wisconsin. 

Impaired Motorcycling Statistics

Driving a motorcycle while under the influence is responsible for a large number of deaths each year in the United States. According to the National Highway Traffic Safety Administration (NHTSA), in 2016, there were 4,950 motorcyclists killed in traffic accidents. Of those, 1,259 (25 percent) were alcohol-impaired with a BAC that was over the legal limit. 

by Attorney Steven McGaver and Law Clerk Nick Nelson 

Operating while under the influence of alcohol or other intoxicating substances is a serious offense that can greatly affect a person’s ability to drive, reputation, criminal record, insurance rates, finances, or even career. Offenses commonly known as “drunk driving” are known as Operating While Intoxicated (OWI) in Wisconsin, and drivers should be sure to understand the consequences they may face if they are arrested for OWI.

OWI Penalties

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.