Posts Tagged ‘License Revocation’

Underage Drinking Laws in Wisconsin

March 24th, 2010



Drinking Age Laws in Wisconsin

Although most states have programs in place to deter underage drinking, Wisconsin especially has adopted a policy that completely prohibits underage drinking and operating motor vehicles. The state’s program features the slogan “Not One Drop” and highlights the strong stance that the state takes toward minors driving under the influence.

As the name suggests, Wisconsin has a zero-tolerance policy for minors operating vehicles under the influence of drugs or alcohol. Statute 346.63 (2M) in Wisconsin states that persons who have not yet reached a legal drinking age cannot operate a motor vehicle with a blood alcohol content (BAC) of 0.0%. If a minor is caught driving with a BAC over the limit, he or she will be subject to an immediate three-month suspension of driving privileges and may face additional charges for violating the state’s drinking laws.

Wisconsin also stipulates that individuals who refuse to submit to a breathalyzer test will face license revocation for a period of one year. Such penalties are designed to persuade individuals to submit to BAC testing immediately upon apprehension and can assist the case in the event it ever goes to criminal court.

Most drinking-law violations in Wisconsin require the individual to go to court, regardless of the plea. Some individuals may be allowed to take alcohol-awareness classes in lieu of the three-month license suspension. Persons who choose not to participate in alcohol education are typically forced to take the suspension and any other judgments handed down by the court.

Because the state places so much importance on it’s drinking laws, minors in the state should be aware of the punishments for violating such provisions. It is especially important to know that minors suspected of driving under the influence may be subject to harsher punishment in Wisconsin than in other states. Fortunately, such hard-line stances help to discourage minors from making decisions that may cause harm to themselves and others.

Minors who have been charged under the “Not One Drop” statue have the right to defend themselves in a court of law. If an individual faces punishment for such infractions, an experienced criminal attorney may be able to help reduce the charges or fight for provisions in court. Individuals who face the suspension of driving privileges may be able to obtain a temporary license to drive to work or school.

If you would like more information about underage drinking and criminal defense, visit the website of the Wisconsin criminal attorneys of Kohler & Hart, LLP.

By: Joseph Devine

Are the DWI Laws Unconstitutional in 2008? – A Review of Minnesota’s Statute

December 18th, 2009

It would seem that the fabric of Minnesota’s DWI laws is slowly unraveling as new challenges are made to the laws and how they comply with constitutional protections. As a result, persons charged with DWI offenses in Minnesota have a number of viable defenses at their disposal and should ALWAYS consult with an attorney before entering any plea.

One of the major issues presently being litigated is whether Minnesota’s laws unconstitutionally coerce persons arrested to provide breath, blood or urine samples for alcohol testing. As many Minnesotans are aware, when a person is arrested for suspicion of drunk driving, they are read an implied consent advisory which is a short statement of their rights. That advisory informs the driver that they have a right to consult a lawyer before submitting to any testing. However, if they refuse to submit to breath, blood or urine testing, they can be charged with a criminal offense. In fact, the criminal offense charged, which is a refusal to test, often has more severe consequences than being charged with a DWI. Specifically, a refusal may turn a misdemeanor DWI into a gross misdemeanor refusal. The former carries with it up to 90 days in jail and a $1000 fine, where the latter may be punished by up to 1 year in jail and a $3000 fine. Moreover, the license revocation for most first offense DWI’s is generally 30 to 90 days. For a refusal, that revocation period is one year. » Read more: Are the DWI Laws Unconstitutional in 2008? – A Review of Minnesota’s Statute