3 Proposed Bills Would Increase Penalties for Drunk Driving in Wisconsin

The Wisconsin legislature is considering three bills that would increase penalties for people convicted of drunk driving.

A quick breakdown of the proposed legislation:

  • One bill would establish a five-year minimum prison sentence for individuals convicted of homicide by intoxicated use of a vehicle. Currently, there is no minimum sentence for this offense.
  • The second bill would raise the minimum prison sentence for fifth and sixth OWI convictions from six months to 18 months.
  • And the third bill would prohibit all drivers convicted of OWI from driving any vehicle — not just their own — without an ignition interlock device.

Lawmakers in favor of the increased penalties are more confident that the legislation will be passed this year because the Tavern League of Wisconsin has said it supports the bills.

The Tavern League has long lobbied against increased penalties for OWI, but the association now says it supports the bills, particularly because they target repeat offenders and fatal accidents.

As efforts to penalize drunk drivers appear to be gaining more traction, anyone arrested for OWI will need a strong legal defense.

No one arrested for drunk driving is automatically convicted. You have a right to defend against the charge. If you have been arrested for OWI, here are some important questions to ask:

  • Did the police officer have a right to stop your vehicle?
  • Did the officer properly administer any standardized field sobriety tests?
  • Did the officer have probable cause to arrest you?

Not everyone arrested for OWI is guilty, and police officers do make mistakes. Don’t let an error in police procedure or a violation of your rights lead to a conviction. Speak with an OWI defense lawyer as soon as possible.

Wisconsin Lawmakers Push for Legalization of Medical Marijuana

“We’re not criminals. We no longer want to live in the shadows of society.”

Those are the words of a Gulf War veteran who recently spoke at a Capitol news conference in Madison. He was referring to his use of marijuana to treat his back pain and PTSD. He said that, compared with the many drugs prescribed to him over the years, cannabis has been the most effective in treating his symptoms.

Wisconsin lawmakers appear to be heeding the call for marijuana law reform.

Two medical marijuana bills were recently introduced in the Wisconsin legislature. One bill would legalize use of cannabis for medical purposes, and the other bill (seen as a backup measure) calls for a referendum on the issue, allowing voters to decide whether medical marijuana should be available to patients.

Lawmakers in favor of legalizing medical marijuana were recently encouraged to hear Assembly Speaker Robin Vos express his willingness to consider legalization.

What does the proposed legislation say?

If approved in the legislature, the medical marijuana bill would do a number of things, including:

  • Allow patients with certain conditions to acquire and possess medical marijuana
  • Allow registered patients to possess no more than 12 plants and 3 ounces of flowers or leaves
  • Allow the state to license dispensaries, each of which would have to be located at least 500 feet from schools

The bill would also allow for patients to be prosecuted if they drive under the influence of marijuana or use marijuana on school grounds or public transit.

Currently, marijuana laws and penalties are not consistent across Wisconsin.

As we discussed in a recent post, Wisconsin has a patchwork of marijuana laws. Some cities have decriminalized possession of small amounts of cannabis, but possessing any amount of marijuana is still illegal on the state level.

If you find yourself facing any kind of drug charge in Wisconsin, do not hesitate to mount your best defense. For more on that, please see Kim & LaVoy’s drug offense overview