Drug Possession
If you find yourself accused of a drug-related offense in Wisconsin, Wooley Law is here to safeguard your rights and pursue a favorable outcome. Committed to delivering justice, we offer a meticulously crafted legal defense tailored to individuals accused of drug possession.
What is a Field Sobreity Test?
Participation in field sobriety tests in Wisconsin is voluntary. Drivers have the right to refuse to perform these tests without facing immediate legal penalties, however, refusal may result in other consequences such as arrest or suspension of driving privileges.
-
Horizontal Gaze Nystagmus (HGN): The officer will observe the driver's eyes as they track a moving object horizontally. Involuntary jerking of the eyes may become more pronounced when a person is impaired by alcohol or drugs.
-
Walk-and-Turn (WAT): The driver is asked to take a series of steps along a straight line, heel-to-toe, and then turn and return in the opposite direction. The officer looks for indicators of impairment, such as the inability to maintain balance or follow instructions.
-
One-Leg Stand (OLS): The driver is instructed to stand on one leg while raising the other leg off the ground and counting aloud for a specified period. The officer observes for signs of swaying, hopping, or other indicators of impairment.
If a driver is arrested for DUI or OWI based on the results of field sobriety tests or other evidence, they may be asked to submit to chemical testing (breath, blood, or urine) to determine their blood alcohol concentration (BAC). Wisconsin's implied consent law requires drivers lawfully arrested for DUI or OWI to submit to chemical testing. Refusal may result in administrative penalties such as license suspension.
OWI First:
In Wisconsin, a 1st OWI is not a criminal offense, however, there are still serious consequences that must be taken seriously. Fines will range from $150-$350, plus a mandatory $435 OWI surcharge. Your driver's license is also in jeopardy of suspension up to 9 months. An Ignition Interlock Device, costing over $1000, also may be required to be installed in your vehicle.
An OWI is not just a Traffic Ticket, it is considered a Civil Offense. An OWI conviction will appear on background checks and can not be removed off of the public record. Getting one OWI could cause consequences with your job, and driver’s license, and cost thousands of dollars.
OWI Second:
If a 2nd OWI occurs within 10 years of the 1st offense, you will be facing Criminal Charges with severe penalties. Fines range from $350-$1100, plus the $435 OWI Surcharge. Offenders will face 5 days to 6 months in jail with a driver's license revocation of 12-18 months. An Ignition Interlock Device will be required for 12-18 months, limiting your Blood Alcohol Level to be 0.02 at all times. An Alcohol Assessment, costing about $250, may be ordered to determine if substance abuse treatment is necessary.
Penalties may be influenced by factors such as prior criminal history, the presence of aggravating factors (e.g., high BAC level, accident involvement), and the discretion of the judge presiding over the case.
