Washington And Wisconsin Drunk Driving Laws And Charges

The police in the USA are currently using an intoximeter also called an alcohol meter, to do field sobriety tests.This is a measure to detect drunken driving o the roads. It is a very sophisticated machine that works when a drunk driver blows air into it. The alcohol level will gradually rise with every breath until you reach the air in the deepest part of your lungs. At this point, the content level of alcohol in your breath will plateau. The intoximeter has a fuel chamber where it diverts a tiny amount of breath and determines the final alcohol level in your system. Police use these results to make an arrest.

Being Charged For OWI in WI

Wisconsin drunk driving arrest charges are purposefully harsh. Requesting a hearing should be the first thing you do. The hearing will be conducted by the DOT Administrative Suspensions or the court refusals, and you have the opportunity to challenge whether there is a case. Many first-time offenders can walk free because the Law doesn’t convict first-time offenders, although it will still be written in your records permanently. The consequences of a WI drunk driving arrest are heavy, and it’s good to have a lawyer in handy.

DUI Laws in Washington

DUI (driving under the influence) is a very serious crime in Washington. The DUI Law is very brutal, and you can face a jail term, expensive fines or your driver’s license can be suspended. First, if you refuse to take a breath test or fail one, you will deal with the DMV. You will be given 20 days to request a hearing if not your license will be suspended automatically. But if you go to court be ready to hire an attorney because the DUI Law is very complicated. If convicted, you can face up to 364 days in jail or $5000 in fines. But the Law keeps changing.

SCRAM ankle bracelet and how it is used

A SCRAM ankle bracelet is used by the police to test for alcohol without an invasive test. It shows the pattern and frequency of alcohol consumption and is most trusted and widely used by 24/7. The SCRAM works by taking the air sample from the ankle at an interval of at least one hour, collects and store the data until it’s connected to a modem or a land line computer for viewing. It takes the sweat from your skin because what you drink comes out through sweating and so that’s what they monitor.

Each state has a different set of laws and penalties for those charged with this type of crime. You already know that the crime of driving while intoxicated is serious, so now you have to begin your research to find a highly qualified DUI attorney in your area.  We recommend starting your research on sites like AVVO, DUIlawyersnear.me, and Find Law or Justia. They have some very informative reviews and rankings of a drunk driving lawyer in your particular city.

Intoximeter Facts in Wisconsin

An intoximeter is used to determine if a driver is intoxicated and if so, at what level. It is the main device used in breath alcohol, tests, commonly known as the breathalyzer test. The machine uses a fuel cell for the detection part of the machine test. When a person blows into the machine, any alcohol in the breath is converted to acetic acid, which is responsible for creating a current within the cell. The current is what produces the measure of alcohol consumed by the machine.

arrested for OWI in Wisconsin

Getting an OWI in Wisconsin can have serious consequences. Though the first offense is written as a ticket with a fine to be paid, the real costs will be experienced later, with increased insurance rates and possibly being turned down for jobs. In the State of Wisconsin, a first offense OWI is a ticket. Other states, however, have stiffer fines, including jail time. If you’re looking to take a job in another state or work for a large company with multiple locations, this may become an issue. The DUI laws in Washington, DC, for example, are much stricter and carry a heavier burden for a first-time offense.

This is why it’s important to seek the help of one of the Wisconsin OWI attorneys, who knows your rights and whether you can fight the ticket. Any person with an OWI ticket should have their rights explained and should have representation. Sometimes testing is done unlawfully or without following proper procedure. This can make a difference in the results of the intoximeter. An OWI lawyer can explain your rights and help determine if options are available, to fight the OWI.

A DUI arrest in WI is a serious matter, no matter how an officer may try to downplay the matter. If a person refuses the breath alcohol test with the intoximeter, he or she may be subject to fines and an automatic license suspension, for up to a year. Getting an OWI ticket is not a simple matter. This is why you should consult with Appleton WI OWI attorneys, at the first possible chance you get. Even a first offense for OWI can have a permanent, negative effect on your record. If there’s even a chance the ticket may have been issued without following correct procedures, an operating while intoxicated lawyer can offer legal representation and can question the circumstances surrounding the ticket you received.

What Is Aggravated Drunk Driving?

Aggravated Drunk driving is a serious criminal offense. Anytime you’re pulled over for possible drunk driving, and you’re in the act of committing another crime, you can be charged with aggravated drunk driving.

This includes, but isn’t limited to driving without a license, driving with a revoked or suspended license, driving without valid insurance, committing a crime such as grand theft auto or other theft, you could be charged with not only drunk driving but also with aggravated drunk driving.

This is a serious offense and will be charged accordingly. If you were also involved in an auto accident or if someone was injured or killed, you’ll be charged with aggravated driving while under the influence.

Keep in mind that if there is a minor, that is under the influence this may also result in the aggravated charges. Always check with your local state and their specific laws if you’re unsure of the charges.

aggravated drunk driving arrest

Should you be pulled over and the officer thinks you’ve been drinking, you need an attorney. This is the only way to protect your interests in the courts.

Another consideration for aggravated drunk driving is whether or not you’ve ever been charged with a DUI in the past. If so, you may be facing aggravated charges which will hold a much stiffer penalty than that of just a DUI.

While both are considered serious, you’ll be in a lot more trouble if you’re charged with aggravated drunk driving. Again, every state has slightly different laws and different percentages of what they consider intoxicated.

Many states term aggravated drunk driving as a felony in lieu of the term aggravated. Others call it an Extreme DUI. Regardless, of what they call it, they are all very serious charges, and you’ll need to hire an attorney to help you navigate through the courts during the process.

Typically, a first time DUI will result in a misdemeanor charge. However, if they change the charges to aggravating or extreme or felony DUI, you’re in much more serious trouble, and this will be considered a felony on your record.

Anytime someone has more than one DUI charge on their record, it’s considered aggravated or extreme. It often shows a pattern and perhaps an alcohol addiction. The courts are going to take this very seriously, and they are going to do all that they can to ensure that the person isn’t allowed to drive until the issues at hand are resolved. This is why it is so important to find the best DUI lawyers in your area.

Penalties for aggravated drunk driving may include higher fines, stiffer penalties, and suspension of the driver’s license for a longer period. The courts may also require the person to undergo alcohol and drug treatment before they will give the person back their drivers license.

Judges and the courts must follow the specific guidelines for the state that the offense occurred in when setting the penalties for the driver. What may be considered a misdemeanor in one state may be a very serious offense in another state.

Do Breathalyzer Tests Ever Fail?

A lot of people are shocked when they are pulled over for drinking and driving. A lot of people assume that they are going to be fine when they take their breathalyzer test. They are very surprised when they see that the test says that they are over the legal blood alcohol limit.

If this has happened to you, you may be wondering whether or not it is possible for a breathalyzer test to fail. Here are a few things that could be impacting the results of your breathalyzer test.

field sobriety test prior to breathalyzer test

The Breath To Blood Conversion Didn’t Work Properly

If you had a very small amount of alcohol, but have a lot of alcohol on your breath, the breath to blood conversion aspect of the breathalyzer may not have worked the way that it is supposed to.

It is important to remember that breathalyzer machines don’t actually test your blood alcohol level. If you have received a result from a breathalyzer that you believe is incorrect, you may want to request another form of testing.

Your Body Temperature Is Very High

If you are sick with a fever when you take a breathalyzer test, the results that you get may be inaccurate.

If you have a fever, you should mention this to the officer that has pulled you over. If you have already been cited, you should bring this up when you are in court. You should try to bring something that can support your statement, such as a note from your doctor.

You Recently Burped

When you burp, a lot of alcohol from your body is passed into your mouth. While breathalyzers are supposed to account for this, they may not always do so effectively.

If you recently burped, and the test results show that your blood alcohol level is very high, you may want to ask to take the test over again in a few minutes. If you do this, and the second results show a lower blood alcohol level, you may be able to avoid driving under the influence charges.

Have You Consumed Something Else That Contains Alcohol?

Every once in a while, someone is charged with drinking and driving when they haven’t had any alcohol at all. If this has happened to you, you may be wondering how these results are possible.

In most cases, this happens because the driver has consumed something besides an alcoholic beverage that contains alcohol. The most common example of this is cough syrup. Asthma inhalers can also cause inaccurate blood alcohol results.

Make sure you report this to the officer that pulls you over. If nothing else, you will want to have it documented for when you go to court.

Breathalyzer tests are mostly accurate, but that doesn’t mean that they are perfect. Failures can and do happen. If you think you have been charged with an offense that you didn’t commit, you need to hire a great DUI lawyer. They will help you to fight these charges.