Man beats DUI charge, proving his car was inoperable: Part II

Earlier this week, we began a discussion about DUI charges stemming from the legal concept of “actual physical control” (APC). In states with APC laws, authorities can charge someone with DUI if they are drunk and in proximity to their car. They don’t need to be driving; they simply need to have the capacity to […]

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Man beats DUI charge, proving his car was inoperable: Part I

In March, we wrote about the legal concept of “actual physical control” (APC). In states with APC laws, intoxicated individuals can be arrested for DUI even if they were not driving the car when spotted by a police officer. They merely need to have the capacity to drive, which can include having the car turned […]

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Wisconsin Appeals Court upholds DUI stop based on cautious driving

Last week, we wrote about the Wisconsin man who was convicted of DUI despite the fact that he was never pulled over and no one even saw him driving. The Wisconsin Supreme Court upheld the ruling based solely on evidence from an electronic monitoring device the man was wearing. Last month, the Wisconsin Court of […]

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Explaining Wisconsin’s ‘prohibited alcohol concentration’ charge

Earlier this month, a Wisconsin man was arrested and charged after an alleged drunk driving incident. Police say the man had a blood alcohol concentration (BAC) of 0.25 percent, which is more than three times the legal limit. The man allegedly drove 5.3 miles in the wrong direction down I-43 in Milwaukee. According to police, […]

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Intervention programs help reduce repeat OWI offenses: Part II

Earlier this week, we began a discussion about pretrial intensive supervision programs (ISPs). These programs are operating in 11 Wisconsin counties (including Waukesha) and were first introduced in Wisconsin in 1993. Pretrial intensive supervision programs offer a humane and effective solution to the problem of repeat OWI offenses. They are a collaborative effort between repeat […]

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Intervention programs help reduce repeat OWI offenses: Part I

Wisconsin has tough drunk driving laws. In some cases, these laws are tough enough to keep first-time OWI offenders from violating again. However, strict fines, penalties and jail time will do little to stop many repeat offenders. This is because repeat offenders often struggle with untreated addiction to alcohol. With this in mind, more than […]

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Man with cerebral palsy falsely arrested for drunk driving

Last month, we posted that drunk driving charges are not always as solid as they appear. In Wisconsin, police use a combination of field sobriety tests and breath, blood or urine tests to build a criminal case against a suspected drunk driver. There are numerous opportunities for mistakes to occur during this process. Furthermore, police […]

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Hundreds of DUI cases questioned due to faulty breathalyzers

We have often written about Wisconsin’s strict anti-drunk-driving enforcement efforts. Every year, Wisconsin authorities make hundreds of arrests for OWI and DWI. Many people assume that an arrest based on breathalyzer evidence is basically an open-and-shut case, but this is not necessarily true. The fact of the matter is that even “solid” evidence from breathalyzers […]

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