Eau Claire Criminal Defense Blog

Operating a vehicle while intoxicated ( OWI ) and causing a crash that results in someone's death carries severe consequences in Wisconsin. Penalties on conviction include lengthy prison sentences that can last up to decades, as well as fines reaching six figures. Here’s what you need to know if you’re facing these serious charges. Legal Penalties for Homicide by Intoxicated Use of a Vehicle Under Wisconsin law, a driver who causes a fatal accident while under the influence of alcohol or drugs can face charges of homicide by intoxicated use of a vehicle. The severity of the punishment depends largely on whether the driver has previous OWI convictions. This criminal offense is charged as at least a Class D felony, which may result in up to 25 years behind bars. However, certain exacerbating conditions can increase it to a Class C felony, with commensurately more serious punishments. First-Time Offenders An OWI with fatalities is typically charged as a Class D felony for first-time OWI offenders. The penalties for a conviction may include the following: A prison term of up to 25 years: Wisconsin imposes a mandatory five-year minimum sentence. Fines reaching $100,000: These fines come in addition to any civil penalties. License revocation: The revocation extends beyond the prison term. Mandatory alcohol assessment and treatment programs: The court requires completion before reinstating driving privileges. Those with a History of OWI Prior OWI convictions escalate a fatal OWI to a Class C felony, which can result in: A prison sentence of up to 40 years: The mandatory minimum remains five years. Fines up to $100,000: This amount does not include possible restitution to the victim's family. Extended license revocation: Each prior conviction extends the revocation term. Additional Long-Term Consequences As tough as the criminal punishments for a fatal OWI are, they are not the only consequences a defendant might face. Long-term consequences can also include: Limitations in employment: Many employers conduct background checks that reveal felony convictions. Difficulty finding housing: Landlords may deny applications based on serious criminal records. Loss of voting rights: Felony convictions temporarily suspend voting privileges. Restrictions on professional licenses: Some careers become unavailable to those with felony records. Limitations on travel: Other countries, including Canada, may deny entry to those with felony convictions. Wisconsin requires everyone convicted of this offense to serve what's known as a bifurcated sentence. This means the person must serve prison time followed by a period of community supervision, ensuring continued monitoring even after release. Facing Serious OWI Charges in Wisconsin? Contact Cohen Law Offices Today If you're facing charges related to an OWI incident involving death, you need experienced legal representation to protect your rights and seek a fair resolution to your case. At Cohen Law Offices, our trial lawyers have over 60 combined years of experience defending serious criminal cases in Northwest Wisconsin. We prepare every case as if it will go to trial, ensuring the most vigorous possible defense for our clients. Contact us today at (715) 514-5051 for a confidential consultation with an OWI defense attorney in Wisconsin.

Are you looking for a fresh start after a nonviolent offense in Wisconsin? Expungement can remove barriers to employment, housing, and education that often follow a criminal conviction. Under current state law, expungement opportunities are relatively limited. However, state legislators have proposed a new law that could open doors for countless Wisconsinites with convictions on their records. Current Expungement Law in Wisconsin  Wisconsin law allows judges to remove court records related to a person’s conviction if certain conditions apply. This process, known as expungement, does not erase the conviction. It merely removes the records from the court system’s view. This makes the records inaccessible in public databases like the Consolidated Court Automation Programs (CCAP) , which is the court system’s public access website. Currently, you only qualify for expungement if you were under 25 at the time of the offense and the crime’s maximum penalty was no more than six years in prison. This means you are only eligible if you were convicted of a misdemeanor or Class H or I felony at a young age. Additionally, the judge must have decided at sentencing that expunging your record at a later date would benefit you and not harm society. You also must have successfully completed your sentence by fulfilling all jail, parole, or probation requirements without further convictions to qualify. At present, Wisconsin law does not allow you to request expungement after the court has sentenced you. This limitation means that the decision regarding expungement at the time of sentencing is final. If a judge does not order it at sentencing, you cannot seek expungement later on your own. Proposed Changes to the Law Proposed changes to Wisconsin’s expungement law would make it easier for people with criminal records to have their records cleared. The new bill, if passed, would remove the current age limit of 25, which would allow more people to qualify for expungement. Additionally, the proposed law would let people petition the court for expungement after they have completed their sentences. This is a significant shift from the current law, which only allows expungement to be ordered at the time of sentencing. Under the new rules, if the court initially did not order expungement, a person could still have the opportunity to clear their record by applying later. The bill also introduces a new restriction. Each person could only receive one expungement per crime and would need to wait two years before being able to file a second petition if their first one was denied. Also, applicants would need to pay a $100 fee for each subsequent petition. Regrettably, the proposed expungement legislation failed to pass both houses in the 2024 session and is not yet slated to become law. However, it remains a topic of interest and could potentially be reintroduced in the 2025 legislative session. Contact a Wisconsin Expungement Lawyer Ready to clear your record and take the next step toward a brighter future? Don’t wait to find out how Wisconsin’s current and potential expungement laws could benefit you. Call Cohen Law Offices today at (715)-514-5051 for a free initial consultation with our experienced expungement attorneys .

Find the best drunk driving attorney in Eau Claire, WI, with these expert tips. Make an informed decision today. Click here for guidance from Cohen Law Offices.

Learn 5 critical things about child sexual assault, DUI, and DWI defense in Menomonie, WI. Cohen Law Offices offers skilled legal representation. Click here!

Wisconsin law prohibits you from operating a vehicle if you are under the influence of any intoxicant or controlled substance to a degree that impairs your ability to drive safely. This includes alcohol, illegal drugs, and prescription medications that might affect your driving skills. The legal limit for most drivers’ blood alcohol concentration (BAC) is 0.08. For commercial drivers while on duty, the limit is even lower (0.04), and those under the legal drinking age are subject to a zero-tolerance policy. If you exceed these limits while driving or drive in a manner that suggests you are intoxicated, you risk facing serious legal penalties for operating while intoxicated (OWI). The Role of BAC in OWI Cases BAC is a critical factor in Wisconsin’s approach to handling OWI cases. If your BAC is at or above the legal limit, Wisconsin law considers this as evidence that you cannot operate a vehicle safely. This is true whether or not you are actually too impaired to drive safely. Additionally, even if your BAC is below 0.08, you can still face charges if you exhibit signs of impairment while driving. Police officers often use chemical tests during OWI investigations to determine a driver’s BAC if they suspect impairment. Consequently, BAC results are a significant factor in OWI cases and can largely determine the charges and penalties you may face. Potential Penalties for an OWI Conviction The consequences of an OWI conviction in Wisconsin depend on the number of prior offenses and the specific details of each case. For a first-time offense, the typical penalties include a $150 to $300 fine and a six- to nine-month license suspension but no jail time. However, if you have previous OWI convictions, the penalties escalate rapidly. For instance, a second offense can lead to jail time, higher fines, and a longer license suspension. By the fourth offense, you could be facing felony charges, substantial fines, and years in prison. In addition to license revocation, Wisconsin law may require the installation of an ignition interlock device (IID) on your vehicle, which prevents you from driving if your BAC is too high. This requirement applies if it is your second or subsequent OWI offense or if you are a first-time offender with a blood alcohol concentration of 0.15 or higher. Penalties can also increase if there are aggravating factors involved, such as having a minor in the vehicle at the time of the offense. Defenses Against OWI Charges An experienced OWI defense lawyer can help you challenge OWI charges based on several defenses. Each defense strategy depends on the specifics of your case, including how law enforcement handled your arrest and evidence. Possible defenses that might apply to your case include: Challenging the accuracy of the BAC testing equipment Arguing that the traffic stop lacked probable cause Questioning the administration or interpretation of field sobriety tests Citing medical conditions that mimic impairment Demonstrating that the BAC test was not administered properly Presenting evidence of violations of your rights during the arrest process Contact an OWI Defense Attorney If you’re facing OWI charges in Wisconsin and need legal help, call Cohen Law Offices today at (715)-514-5051 for a free initial consultation . Our team is ready to work with you to examine your case and provide the dependable guidance you need.

Is your loved one facing homicide charges in Wisconsin? Here’s what you can do to protect their rights and jump-start their legal defense.

Wisconsin law regulates the possession of controlled substances. The law classifies drugs into five schedules based on a drug’s safety/medical uses and potential for abuse or addiction. State law permits healthcare providers to write prescriptions for drugs in Schedules II through V. However, individuals who do not follow the laws and regulations governing prescription drugs may commit various criminal offenses.

When prosecutors develop a case to pursue child pornography charges, they may use various types of evidence in an attempt to prove a defendant’s guilt. Although the prosecution bears the sole burden of proof in a criminal case, a defendant facing child pornography charges may also present evidence to undermine the strength of the prosecution’s case or prove their innocence. Let’s take a closer look at the types of evidence that might be used in a child pornography case. Digital Evidence In recent years, child pornography cases frequently involve materials transmitted over the internet and stored on computers or other electronic devices. As a result, many child pornography cases these days involve digital evidence. Investigators may execute search warrants to seize suspects' computers, external hard drives, USB storage devices, tablet computers, and smartphones to search them for child pornography or evidence of downloading or distributing child pornography. Investigators may also obtain communications data warrants to obtain evidence from cloud storage providers such as Google, Microsoft, or Dropbox. Law enforcement might also seek copies of messages from suspects’ social media accounts, which may contain evidence of child pornography distribution. Investigators may also collect metadata from electronic devices, cloud storage accounts, or social media accounts that may also contain relevant evidence for a child pornography case. Forensic Analysis Digital evidence may often require forensic analysis by prosecution and defense experts. The parties may retain specialized investigators with expertise in extracting and preserving data from electronic devices and online accounts, especially if a party has attempted to delete data or destroy a device. Forensic investigators may use metadata to reconstruct activity on a computer, tablet, phone, external hard drive, or cloud storage account. Forensic analysis can also help support defenses in a child pornography case, such as by proving that a third party used a defendant’s computer network or IP address to download or distribute child pornography. Witness Testimony Witness testimony can also serve a critical role in child pornography cases. For example, individuals may have observed a defendant engage in the alleged activity or saw child pornography on the defendant’s devices. Prosecutors may also present testimony from co-defendants/co-conspirators who have agreed to testify against a defendant about their activity. When a defendant sits for an interrogation by police, prosecutors may use the defendant’s statements as part of their case. Parties may also present testimony from forensic experts to explain to the jury how they analyzed the digital evidence or metadata in the case. Physical Evidence Some child pornography cases may involve physical evidence, including when defendants possess hard copies of illicit photographs or videotapes. Prosecutors may also present photographs or videos taken during searches of a defendant's home, business, storage unit, or other property to prove various allegations, such as the amount of child pornography allegedly possessed by the defendant. Contact a Child Pornography Defense Attorney Today  If you’ve been charged with child pornography offenses, hiring experienced legal counsel can help you defend your rights and reputation. Contact Cohen Law Offices today for a confidential consultation with a sex crimes defense attorney to discuss your legal options for pursuing a favorable outcome to your charges.