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Do I have to submit to a Breathalyzer test?
If a police officer pulls you over or suspects you've been driving while intoxicated by alcohol, the officer will request that you take a Breathalyzer test as a part of a larger drunk driving investigation that also includes a field sobriety test. The officer will ask you to do the Breathalyzer test by telling you to blow into a tube. A machine will then analyze the alcohol content of your breath to estimate your state of intoxication.
Breathalyzer tests are known to be plagued by inaccuracies, however, and many drivers don't trust them. This prompts a lot of people to refuse a Breathalyzer test out of the fear that false or inaccurate evidence from the test could later be used against them in court. Fortunately, there are several situations in which a driver can legally refuse to submit to a Breathalyzer test.
If the officer has yet to establish any kind of drunk driving evidence against you, and the officer is merely asking you to perform a Breathalyzer test as a way of fishing for evidence, you may have the legal right to refuse the test in some cases. However, in other cases, refusing a breath test can result in serious criminal consequences and even the suspension of your drivers' license.
2 Madison-area men arrested and charged with heroin crimes
No one intends to get arrested and accused of drug crimes, but sometimes -- whether it's because they were simply in the wrong place at the wrong time or they actually committed a narcotics-related offense -- Wisconsin residents may find themselves in trouble with the law. In one recent case, Madison-area law enforcement authorities arrested and charged two men with possessing large quantities of heroin and selling it to smaller drug dealers in the region.
On June 26, police arrested a 40-year-old Sun Prairie man and a 39-year-old town of Madison man. The arrest was made on tentative heroin possession charges with the intent to maintain a drug house and deliver drugs.
The operation was completed by the Dane County Narcotics Task Force, the Wisconsin State Division of Criminal Investigation. Members of these police agencies entered and searched both of the men's separate residences -- presumably with search warrants -- proceeded to search the homes and ultimately arrested the men.
What is auto-brewery syndrome?
Some people suffer from the rare condition that turns them into a walking beer factory. These individuals -- when they eat anything that has sugar in it -- suffer from an automatic process by which their bodies convert the food into beer, and this makes them unintentionally drunk. Although it's hard to imagine that it could be true, auto-brewery syndrome is real. Not only that, but in a New Jersey drunk driving case last year, a woman successfully defended against her drunk driving charges because of the condition.
The accused woman claimed that she enjoyed drinking as much as a gallon of orange juice a day, and that she was also a recovering alcoholic. On the night of her arrest, the woman says that she had been sober for nearly a decade, but she also felt drunk. In fact, the woman explained to the jury that she had been feeling strange for approximately a year before her DUI arrest. During the arrest, she blew a level .10 when given a Breathalyzer test.
What's the status of federal marijuana decriminalization?
After years of different states legalizing same-sex marriage, the federal government finally legalized same-sex marriage for all across the entire United States. Could the same thing happen for marijuana? Not exactly, but many more states would likely come on board if the federal government decided to legalize the substance.
Senate Minority Leader Charles E. Schumer recently introduced a new piece of law that -- if passed -- would decriminalize marijuana under federal law and remove the drug from the federal government's controlled substances list. The proposed law is dubbed the "Marijuana Freedom and Opportunity Act."
According to Schumer, "The time to decriminalize marijuana is now." the senator described the legislation as "the right thing to do." He said that he hopes the legislation offers an approach that is sufficiently balanced to gain bipartisan support, not only in Congress, but also throughout the nation.
Common household items could be considered drug paraphernalia
When you think about drug paraphernalia, you think about pipes, bongs and needles. However, virtually anything -- even a piece of fruit or other common household items like tin foil -- could be considered drug paraphernalia if authorities find it in the right context.
Imagine police obtain a warrant to search your vehicle or your residence. Now, imagine they search your entire house and they don't find any drugs. However, they do find a digital scale, a crumpled up ball of tinfoil, an apple and little plastic baggies and a pipe. If they don't find any drugs or drug residue to go along with these items, you're probably in the clear. However, if they find these otherwise innocent items in the following contexts, they could be deemed drug paraphernalia:
A digital scale
Many households have digital scales. However, aside from using a scale to count calories, it could also be used to weigh drugs before selling them. If drugs are found with the scale, then it's probably drug paraphernalia.
What are the benefits of plea bargaining?
When things look grim based on the factual scenario in a criminal defendant's lawsuit, and a conviction is likely, the defendant may elect to negotiate a plea deal. Negotiating the plea, or plea bargaining, is a useful defense tactic that benefits both the defendant and the prosecution.
Let's take a look at how plea bargaining benefits both sides of the criminal defense equation:
How plea bargains help defendants
When a guilty verdict is likely in a criminal defense matter, plea bargaining offers a way for the defendant to pursue a less severe punishment and a less severe charge. This could also help the defendant's criminal record: In many cases, the defendant will have a lesser offense listed on the record. There are monetary benefits to the defendant as well because he or she will bypass the legal costs associated with lengthy trial proceedings.
Were you accused of vandalism?
Although you might not think that you're hurting someone's property by spray-painting your initials or a picture on the side of it, the owner of the property could feel differently about it. In fact, the owner – and the police for that matter – might see such an act as vandalism. Vandalism – i.e., the destruction, defacing or harming of someone else's property – is illegal and those who are found guilty of the offense will face various criminal punishments.
If you're not sure what constitutes vandalism under the law, here are a few examples of the crime:
- Intentionally throwing a rock into a neighbor's window and breaking it
- Spray-painting the side of a building with your initials or spray-painting your favorite design on a street sign
- Ripping the picture off a billboard
- Drawing a mustache and glasses on a poster next to a bus stop
- Using a permanent marker to draw on a bathroom stall
- Painting graffiti on a sidewalk
38-year-old man arrested in Belvidere drug bust
Police in Belvidere say that they arrested an accused a man of drug crimes in a recent narcotics bust. Authorities say that they made a routine traffic stop at the Belvidere Oasis last Sunday, and it later led to the arrest.
The police officer who pulled the man over happened to be a Boone County Sheriff's Department K-9 unit. Shortly after conducting the traffic stop, the sheriff's deputy called for backup from Belvidere/Boone County Metro Narcotics officers. The narcotics officers arrived and assisted with a search and seizure operation.
Police say that the search and seizure produced approximately 190 grams of cocaine, approximately 45 grams of heroin and an unspecified amount of cash. The arrested and accused driver, a 38-year-old man who hails from Madison, has been charged with various drug crimes. These include unlawful possession of drugs with the intent to deliver, which is a Class X felony and punishable with six to 30 years of prison upon conviction. He was also charged with two counts of unlawful possession of drugs, which is a Class 1 felony and punishable with four to 15 years in prison upon conviction.
Can you get a DUI if you're not moving?
You have a few drinks at the bar and decide to drive home. On the way there, you notice that your car is running out of gas. You pull into a gas station, fill up and then head into the station to pay.
When you come out, a police officer has stopped at the pump next to yours. You feel nervous, so you go back into the building. Then you realize that looks suspicious, so you go back out and head to your car. The officer says hello to you, and you try to casually say hello back, but you stumble over your words.
You get in the car and turn it on. The officer is still watching you, and suddenly the alcohol hits you a little harder. You put your head down on the steering wheel. The motor is running, but the car is still in park. As you look up, the officer walks over and asks you to get out of the vehicle. You wind up getting arrested for a DUI.
How could this happen? You did not drive anywhere. The car was in park. Don't you have to be driving to get charged with driving under the influence?
Muskego mother gets 2-year prison sentence for drunk driving
A woman from Muskego who has been convicted of drunk driving five times was recently sentenced to serve a two-year prison term as a result of her fifth drunk driving conviction. The woman was also sentenced to extended supervision for an additional three years.
The incident that led to the woman's most recent OWI conviction happened last Christmas Eve. According to the woman's admission, she drank a "ton" of alcohol that evening because she felt like she wanted to die.
While the woman was in an inebriated state, however, her son came home from his work and called 911. After the son made the call, the woman backed out of the driveway in her vehicle and continued into a culvert on the other side of the street. She was able to free the vehicle and drove away. She soon lost control of the car and struck a tree.
When police arrived, she fought the officers, even kicking one officer in the groin while he attempted to arrest her. Officers eventually deployed a stun gun to control the woman but it wasn't entirely successful. Eventually, police were able to make the arrest and book the woman in jail.
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