Wisconsin Court of Appeals applied a two-prong test in a recent drunk driving conviction on appeal by Attorney Tracey A. Wood. The Court agreed with Attorney Wood that probable cause must exist for a stop to be legal, and the evidence obtained from an illegal stop cannot be used to convict a person of the crime of driving while under the influence.
Driving under the influence includes driving while intoxicated with alcohol, as well as drugs.
Wisconsin drunk driving laws prohibit a person from driving a motor vehicle while under the influence. Under the influence means that the person has some agent in their bloodstream that has an effect upon them. In the past, police officers usually arrested people for being under the influence of alcohol. Today however, authorities are cracking down on prescription drugs, as well as over-the-counter drugs.
Note that an OWI in Wisconsin (Wisconsin's DUI laws) does not mandate that a person being drunk to be arrested for an OWI - commonly known as a drunk driving offense - but rather that the person be unable to maintain control of the vehicle.
Attorney Tracey A. Wood said, "Prosecutors are stepping up their efforts against prescription OWI DUI (“drugged drivers”), but DUI defense attorneys are taking them on, and often winning" in a recent article published in Lawyers USA (formely Lawyers Weekly).
OWI Laws include Prescription Drugs
Under Wisconsin law, it is illegal for a person to drive with a prescription drug in their bloodstream that prohibits them from maintaining control of the vehicle.
In most instances, we know those prescription drugs which are likely to impair driving, because they carry a warning label on the prescription drug bottle to alert us to the fact that we shouldn't drive when taking the drug. There are however many other prescription drugs that can impair driving, but are not labeled. In some cases, the actual prescription drug is unlikely to cause a problem for most people, but may react on certain individuals in an unfavorable manner that causes a lack of judgment, depth perception, distance perception or causes dizziness and other side effects that impede a person's ability to drive.
OWI Laws Include Over-the-counter medication
Just as Wisconsin law prohibits driving while under the influence of a prescription drug, so it also prohibits driving while under the influence of an over-the-counter medication if that medication impairs the driver's ability to maintain control of the vehicle.
It may be true that only a handful of people are affected negatively by over-the-counter medications, but there are those rare occassions when the medication reacts differently on a person, or a combination of them or alchol lead to impairment.
Crackdown on Prescription Medications & Over-the-Counter Drugs
The crackdown on driving under the influence of prescription medications or over-the-counter drugs has resulted in an increased number of arrests charging people with an OWI in Wisconsin. Whether those arrests are the result of an attempt to increase arrests at all costs, which may result in less such arrests in the future, is yet to be determined. In the meantime, the attorneys at Van Wagner & Wood are continuing to successfully represent people charge with prescription drug and over-the-counter drug OWI's.
Free Initial Consultation
Van Wagner & Wood offers an initial brief, but very professional "first-impression" analysis to anyone who has been charged with a drunk driving offense or previously convicted and believes the conviction to be wrong or the sentence unduly harsh. To arrange your consultation or speak with an attorney right away, please call the law firm of Van Wagner & Wood.
Madison: 608-284-1200 wisconsin: 1-866-262-4599
You can use the form to the right to request a callback, or submit the online drunk driving form, and request a callback or reply email.
Appeals & Serious Crimes - Homicide - Murder - State - Federal
Van Wagner & Wood's attorneys represent people on every type of criminal appeal, from post conviction remedies to intermediate courts in Wisconsin - the Wisconsin Court of Appeals - and Wisconsin Supreme Court, as ell as appeals under federal jurisdictions to the United States Court of Appeals. Attorney Tracey Wood frequently represents people appealing drunk driving (or related) convictions to the Wisconsin Court of Appeals.
Drug Crimes
Van Wagner & Wood's criminal defense attorneys represent
people charged with drug related crimes, in both Federal and state cases. Those
attorneys most frequently represent people charged in the state of Wisconsin.
Federal Drug Charges: Van Wagner & Wood criminal defense
attornes routinely handle drug and other cases charged by a Federal agency.
State Drug Charges: Van Wagner & Wood's criminal defense
attorneys routinely handle drug related criminal cases for people residing in
Wisconsin, and most frequently residing in the following areas: Adams County,
WI (Adams, Wisconsin Dells), Ashland County, WI (Ashland), Barron County, WI
(Barron), Bayfield County, WI (Washburn, Bayfield), Buffalo County, WI (Buffalo
City, Mondovi), Burnett County, WI (Siren), Chippewa County, WI (Chippewa Falls),
Clark County, WI (Abbotsford), Columbia County, WI (Columbus, Wisconsin Dells),
Crawford County, WI (Prairie du Chien), Dane County, WI (Belleville, Black Earth,
Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield,
DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton,
Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie,
Verona, Waunakee, Windsor), Dunn County, WI (Menomonie), Eau Claire County,
WI (Abbotsford, Eau Claire), Grant County, WI (Mount Hope, Lancaster, Fennimore),
Green County, WI (Monroe), Iowa County, WI (Mineral Point, Dodgeville), Jackson
County, WI (Black River Falls), Jefferson County, WI (Jefferson), Juneau County,
WI (Mauston), La Crosse County, WI (LaCrosse, Lafayette, Darlington), Marathon
County, WI (Wausau), Monroe County, WI (Sparta), Pepin County, WI (Durand),
Pierce County, WI (River Falls), Polk County, WI (St Croix Falls), Portage County,
WI (Stevens Point), Price County, WI (Park Falls), Richland County, WI (Richland
Center), Rock County, WI (Janesville), Rusk (Ladysmith), St Croix County, WI
(Hudson), Sauk County, WI (Sauk City, Wisconsin Dells), Taylor County, WI (Medford),
Trempealeau County, WI (Whitehall), Waushara County, WI (Columa, Wautoma), Washburn County, WI (Spooner), and Wood
County, WI (Wisconsin Dells).
Drunk Driving (OWI, DUI, DWI)
Van Wagner & Wood's attorneys frequently represent people charged with every type of drunk driving offense in the state of Wisconsin - from OWI - 1st, 2nd, 3rd or 4th misdemeanor offense to 5th and higher felony offenses. The successful criminal & drunk driving defense firm also represents people against vehicular homicide while intoxicated charges, as well as operating after suspension or revocation. Attorney Tracey A. Wood is highly regarded as Wisconsin's foremost authority on drunk driving laws & defense. Attorney Christopher T. Van Wagner has been three-times honored with the Martin Hanson Advocates Prize for numerous homicide acquittals.
Van Wagner & Wood's attorneys represent people across the state of Wisconsin, and have appeared in nearly every court, the most frequent of which include: Madison, Wisconsin Dells, Baraboo, Monroe, Darlington, Jefferson, Waukesha, Portage, Montello, Friendship, Mauston, Lancaster, Prairie du Chien, Wautoma, Wisconsin Rapids, Stevens Point, Wausau, Black River Falls, Viroqua, La Crosse, Eau Claire and Janesville, Wisconsin.
Federal Crimes
Van Wagner & Wood's criminal defense attorneys handle Federal
cases throughout the state of Wisconsin and Federal appeals cases throughout
the nation. The attorneys at Van Wagner & Wood have handled Federal cases
for more than twenty years, cases and appeals ranging from Federal conspiracy,
drug charges of possession, intent to deliver, sell, distribute controlled substance,
securities fraud, mail fraud, wire fraud, domestic terrorism, Internet crimes
money laundering, to kidnapping.
The criminal defense attorneys at Van Wagner & Wood represent
people charged with Felony Murder, Homicide, Negligent Homicide, Reckless Homicide,
Vehicular Homicide, Reckless Endangerment, First-degree Intentional Homicide,
and Second-degree Intentional Homicide. Those attorneys most frequently represent
people accused or charged in the state of Wisconsin. Often times, they are called
upon by a client residing outside of the state of Wisconsin, which they represent
in very serious crimes such as Felony Murder or Homicide. Van Wagner & Wood 's attorneys have handled cases for clients in Florida, Kansas, Oklahoma, California, New Jersey, Minnesota, and Illinois.
Van Wagner & Wood's criminal law defense lawyers frequently appear in Wisconsin Circuit Courts in Madison, Wisconsin for Dane County; Chippewa Falls, Wisconsin for Chippewa County Circuit Court; Menomonie, Wisconsin for Dunn County Circuit Court; Eau Claire, Wisconsin for Eau Claire Circuit Court; Lancaster, Wisconsin for Grant County Circuit Court; Monroe, Wisconsin for Green County Circuit Court; Mauston, Wisconsin for Juneau County Circuit Court; La Crosse, Wisconsin for LaCrosse County Circuit Court; Wausau, Wisconsin for Marathon County Circuit Court; Sparta, Wisconsin for Monroe County Circuit Court; Stevens Point, Wisconsin for Portage County Circuit Court; Janesville, Wisconsin at Rock County Circuit Court; Baraboo, Wisconsin at Sauk County Circuit Court; Wisconsin Dells at Columbia County Circuit Court; Wisconsin Rapids at Wood County Circuit Court; Waukesha, Wisconsin at Waukesha County Circuit Court; Elkhorn, Wisconsin at Walworth County Circuit Court. They also appear at Oneida Circuit Court in Rhinelander, Wisconsin; Langlade Circuit Court at Antigo, Wisconsin.
If your case is in another area of Wisconsin, please contact an attorney at Van Wagner & Wood to discuss it.
