The mark of a good attorney is when she finds a way to use her opponent’s evidence against them. August 2024 brought Attorney Lisa Pierobon Mays’ client K.K. (initials used to preserve client’s anonymity) a successful settlement by intimidating opposing counsel with his own medical expert’s report.

KK worked for a machine fabricator which required him to repeatedly lift 50-pound parts when fabricating grain shoots. From July 23 thru July 26, 2022, KK was tasked to repeatedly bend at the waist from floor to chest to lift, load, and unload heavy parts into a machine. In doing so, he felt a pop and pain sensation in his low back with ongoing throbbing pain. Realizing that this was more than a pulled muscle, KK promptly informed his supervisor of his pain who instructed him to go home to rest, apply ice, and medicate. The next day, KK had worsening pain, so he went to urgent care and then follow-up with his primary doctor. He was prescribed strong pain medication and physical therapy. Despite weeks of therapy, KK had no improvement so his doctor ordered MRI imaging of his spinal cord in October 2022. The 2022 MRI showed a disk herniation in his low back requiring surgery. The surgery was performed in July 2023.

Before the disk herniation discovery, the workers compensation carrier accepted responsibility for the claim, meaning they were paying workers compensation benefits and agreed that the injury occurred at work. However, once the insurance carrier got notice that an MRI showed a serious disk herniation, they scheduled KK for a medical examination with a doctor of their choosing. The insurance carrier self-named this examination an “independent medical examination,” however nothing could be further from the truth as such examinations are far from independent, complete or even honest.

The so-called Independent Medical Examiner met with KK only once in April 2023 and from that he declared that his work-injury was no more than a lumbar strain and that all he needed was a four-week course of physical therapy.  With this, all benefits were denied, and KK was left to fend for himself in terms of his finances and medical treatment expenses.  This was devastating for KK and his family; KK had never suffered pre-existing issues with any part of his back.  He did everything his employer asked of him repeatedly, over days, lifting heavy 50-pound material causing injury.  He reported his injury immediately, sought medical treatment, and tried everything to get better.  When he became too expensive with an upcoming surgery, the workers compensation carrier found a hack doctor to deny his claim arguing that he suffered no more than a strain when an MRI indicated a disk herniation.

With the insurance denial, KK was forced to find legal counsel to fight for him.  He contacted Mays Law Office and hired Attorney Lisa Pierobon Mays in May 2023 before his July 2023 surgery.  The surgery was successful, and the surgical findings were consistent with the MRI for a disk herniation.  KK was able to return to work and is now working without restrictions.

Attorney Lisa Pierobon Mays filed an appeal with the State for the workers compensation insurance carrier’s denial of benefits.  A hearing was scheduled for August 1, 2024.  Before this hearing, the insurance company expressed interest in settlement.  Attorney Pierobon Mays responded that while Client KK would be interested in settlement short of going to hearing, the settlement monies would have to be enticing if the insurance carrier wanted a closed file.  Attorney Pierobon Mays told opposing counsel that she would not discount the claim too much as she felt confident that she would win the claim at hearing.  Attorney Pierobon Mays noted to opposing counsel that the report of their doctor was poor.  First, the report pre-dated the July 2023 surgery, so it was missing any discussion of the July 2023 surgery and the surgical findings which proved that KK suffered more than a lumbar strain, and in fact had a disk herniation with stenosis.  So, the surgical findings substantiated the seriousness of the work injury and undermined the credibility of the insurance doctor.  Moreover, remember the insurance company’s doctor accepted that an injury had occurred at work and that physical therapy was necessary with a period of healing and restricted work.   Yet, the insurance carrier never paid the therapy bills nor did they pay KK a lost time benefit while he was unable to work without restriction.  Failure by an insurance company to pay conceded benefits is illegal in Wisconsin under our Workers Compensation Act.  Attorney Pierobon Mays made it clear to opposing counsel that, if a successful settlement was not reached prior to the August hearing then she would file a penalty claim (awardable up to $30,000) for failing to pay a conceded/undenied benefit.  Opposing counsel fought back very little because he knew that he was trapped due to the poor handling of the claim and the facts and evidence were in favor of a win for KK.

KK‘s workers compensation injury claim was settled before the hearing giving KK more money in his pocket than if he had gone to hearing and won!  Moreover, the insurance carrier was responsible for paying back the private health carrier and a large portion of the unpaid medical expense.  KK was very happy with the results that Attorney Lisa Pierobon Mays got for him.  He avoided having to testify at a hearing, got more money in his pocket, and did not have to worry about past medical treatment expense.  He has returned to work with no residual symptoms from his back injury and working without restriction.

Mays Law Office is proud to announce another successful representation and result for a Wisconsin injured worker who recovered workers compensation benefits.  Feeling frustrated too?  Call Mays Law Office at 608)291-9402.  Attorney Lisa Pierobon Mays is only a call away for a free consultation to answer all your questions

If you are facing an OWI charge in Wisconsin, there is a lot you need to know. While most people have a general understanding that OWI charges will land them in court, there are many more facts that most people don’t know about facing a drunk driving charge under Wisconsin law.

So, what do you need to know to protect yourself? Here are ten important facts that most people don’t know about facing an OWI in Wisconsin:

Fact #1: Drunk Driving Arrests Can Lead to Multiple Charges

One fact that many people don’t know is that a drunk driving arrest can potentially lead to a variety of different charges. For example, along with OWI, many people will also face charges for open container violations and implied consent violations—among other offenses.

Causing a severe or fatal accident while driving under the influence can lead to additional charges as well. When facing charges in Wisconsin, you must be aware of all the charges you need to defend against.

Fact #2: The Penalties for OWI Charges Can Be Severe

Even if we focus solely on “standard” OWI charges, the consequences of getting arrested for drunk driving in Wisconsin can be severe. First-time OWI offenders face hundreds of dollars in fines, surcharges, and a six- to nine-month driver’s license suspension. Those arrested with a blood alcohol concentration (BAC) of 0.15 percent or above also face mandatory ignition interlock device installation or participation in a 24/7 sobriety program for 12 months. For repeat offenders, Wisconsin’s OWI penalties are even more significant.

Fact #3: An OWI is a “Major Violation” Under Wisconsin’s Habitual Traffic Offender (HTO) Law

Another critical fact to be aware of is that an OWI is a “major violation” under Wisconsin’s habitual traffic offender (HTO) law. Under the HTO law, if you get convicted of (or plead guilty to) four significant violations in five years, you will lose your driver’s license for five years. If you get caught driving while your license is suspended under the HTO law, you can face up to $7,500 in fines and 18 months in jail, plus an extension of your driver’s license suspension.

Fact #4: Prosecutors Don’t Need Your BAC to Secure an OWI Conviction

For many people, one of the most surprising facts about Wisconsin’s OWI laws is that prosecutors do not need their BAC to secure a conviction. In Wisconsin, it is against the law to operate a motor vehicle while “[u]nder the influence of an intoxicant . . . to a degree which renders [you] incapable of safely driving.” Proving that you were incapable of safely driving involves showing the effects of your alcohol consumption, not your level of blood alcohol concentration.

Fact #5: If Prosecutors Have Your BAC, They Don’t Need Other Evidence

However, if prosecutors have your BAC, this is all the evidence they need. This is because Wisconsin’s OWI laws also make it illegal to drive with a “prohibited alcohol concentration.” For non-commercial drivers age 21 and older, a prohibited alcohol concentration is a BAC of 0.08 percent. If prosecutors can prove that your BAC was over the legal limit, they do not also need to prove that you were “incapable of safely driving.” They only need to establish one or the other.

Fact #6: You Can Assert a Successful Defense Even if You Admitted to Driving Drunk

Let’s say you admitted to driving drunk during your traffic stop. This is a widespread mistake. If you acknowledged that you were under the influence, does this mean your case is already over?

The short answer is “No.” Even in this scenario, there are a variety of defenses that an experienced OWI lawyer may be able to assert on your behalf. If you are in this situation, we encourage you to read Why You Shouldn’t Plead Guilty Even If You Admitted to Driving Drunk in Wisconsin.

Fact #7: Successfully Defending Against an OWI Charge is Not Easy

While there are several ways to defend against OWI charges in Wisconsin, avoiding unnecessary consequences is difficult. To execute a successful defense strategy, you need to know how the law protects you and be able to use these protections effectively in court.

Fact #8: Pretrial Diversion is Not an Option in Wisconsin OWI Cases

Pretrial diversion is a program that allows first-time offenders to avoid the life-altering consequences of an OWI conviction. But there’s one problem: This program is not available in Wisconsin. While OWI defendants used to be able to divert their cases from trial in many instances, this is no longer an option. As a result, if you are facing an OWI charge, you must either focus on negotiating a plea deal or concentrate on fighting your charge in court.

Fact #9: The Costs of an OWI Conviction Can Far Exceed Your Fines and Surcharges

While the fines and surcharges for OWIs can be substantial, these are not the only costs you will incur if you get convicted. Your insurance premiums will increase substantially—almost certainly cost you hundreds (if not thousands) of dollars annually. From license reinstatement costs to the cost of losing your job as a result of your conviction (which can be a genuine possibility), OWIs can lead to a wide range of other expenses as well.

Fact #10: Hiring an Experienced OWI Lawyer Can Be Your Least Costly Option

Given these costs, hiring an experienced OWI lawyer can be your least costly option after a drunk driving arrest in Wisconsin. If your lawyer can help you avoid an OWI conviction (even if this means accepting a plea bargain), your legal fees will be well worth it.

Get Help from an Experienced OWI Lawyer in Madison, WI

Are you facing an OWI charge in Wisconsin? If so, we encourage you to contact us promptly for more information. For a free, no-obligation consultation, call 608-291-7609 or tell us how we can reach you online now.

The number one question asked of our attorneys in social settings is “Should I blow or not blow if stopped by the police?”  The cheap and easy response is blow if you know you will pass.  However, it’s more complicated than that in understanding your rights and the risks.

When pulled over under suspicion of operating while intoxicated (OWI) in Wisconsin, you might be faced with a crucial decision: whether or not to submit to an evidentiary chemical test of your blood, breath or urine. This decision can significantly impact your legal situation, and understanding both the legal and practical implications is essential.

Understanding the Legal Context

Wisconsin, like all states, has an Implied Consent Law. This means that by driving on public roads, you have implicitly consented to chemical testing (breath, blood, or urine) if an officer has probable cause to believe you are under the influence of alcohol, drugs or a combination thereof. Refusing to take an Implied Consent test has both immediate and long-term consequences.

Immediate Consequences of Refusing

1. Automatic License Revocation: In Wisconsin, refusing to take an Implied Consent test results in the issuance of a Notice of Intent to Revoke Operating Privilege form which law enforcement will file with the applicable court. If you fail to request a hearing to contest the refusal allegation within 10 business days, adverse judgment will be entered against you and your license will be revoked commencing 30 days from the date of notice. For a first offense, the revocation period is one year with a 30-day wait period before you would be eligible for even an occupational license. For a second offense, the revocation period is two years with a 90-day wait period before you would be eligible for an occupational license. For a third offense or greater, the revocation period is three years with a 120-day wait period before you would be eligible for an occupational license. In all cases the court will order that any vehicle owned or operated by you be equipped with an Ignition Interlock Device (IID). The court will additionally order that you complete an Alcohol and Other Drug Abuse (AODA) assessment and complete any recommended education or counselling. Failure to do so will result in a separate non-compliance revocation and render you ineligible for an occupational license. This revocation is separate from any criminal charges or penalties that may arise from the underlying OWI arrest itself.
2. Potential for a Search Warrant: If you refuse any Implied Consent test, the arresting officer may, and in most cases will, obtain a search warrant to compel a blood test. This can lead to further complications and delays, and a blood test may be more incriminating if it shows a higher blood alcohol concentration (BAC) than what might have been indicated by a breath or urine test, in the event that one of those methods was what was originally requested. More importantly, if a compelled blood draw is performed, you will potentially have incurred the penalties for refusing in vain.
3. Evidentiary Concerns and Potentially Increased Penalties: Even if a compelled blood draw is not performed, the refusal itself can be used as evidence of guilt in court. Prosecutors may argue that your refusal indicates a consciousness of guilt. In other words, a judge or jury may presume that the reason you refused an implied consent test is that you knew that it would likely be incriminating. Recent U.S. Supreme Court rulings have held that an individual has a protected constitutional right to refuse a blood draw and cannot be criminally punished for exercising such a protected right. That said, the reality is that a sentencing judge will be aware of your lack of cooperation and while no express punishment is permissible, it is likely to influence his or her sentencing decision. And there is no such prohibition on increased penalties if a breath or urine test is originally requested.
4. Long-Term Considerations
   1. Impact on Legal Strategy: If you refuse an Implied Consent test, your defense attorney may have fewer options to challenge the evidence against you. For example, the burden of proof in a refusal hearing is significantly lower than the burden of proof in the underlying OWI.  This is particularly problematic in a first offense OWI, where the penalties for the refusal are more onerous than those of the underlying OWI. In other words, even if you have a winning strategy for a defense to the OWI, you may end up in a worse position if you are convicted of the refusal but avoid the OWI. On the other hand, if you agree to the test and your BAC is above the legal limit, the evidence against you is straightforward, but there might still be avenues to contest the legality of the stop, arrest or the administration of the test.
   2. Insurance and Driving Record: An OWI conviction, combined with a license revocation, can impact your driving record and insurance rates for years to come. A refusal can exacerbate these issues, leading to increased insurance premiums and potential difficulties in getting coverage.

When Might Refusal be Considered?

Refusing an Implied Consent test might be considered if you believe the test could lead to an inaccurate result, particularly if you have concerns about the test’s reliability or the potential for a false positive. Additionally, if you are aware that your BAC is significantly over the legal limit, some might argue that refusing the test could be a strategic move to avoid more compelling evidence of intoxication. However, as stated above, law enforcement will almost certainly obtain a search warrant for a compelled blood draw rendering the refusal futile. The reality is that refusing an Implied Consent test is a mistake in nearly every situation.

Consulting a Legal Professional

Given the complexities of OWI cases, consulting a DUI lawyer who specializes in Wisconsin law is crucial if you’ve been charged with a refusal and underlying OWI. Here at Mays Law Office, LLC, our experienced drunk driving attorneys can provide personalized advice based on your case specifics, help you understand the potential outcomes, guide you through the legal process, and develop and execute winning defense strategies.

If you have been arrested for drunk driving in Wisconsin, it will be important for you to quickly familiarize yourself with Wisconsin’s drunk driving laws. Drunk driving convictions can have serious consequences; and, while you might have options for avoiding a conviction, leveraging these options requires a clear understanding of the law and how it applies to your specific circumstances.

Of course, you should also hire a drunk driving lawyer to represent you—and your lawyer will be able to explain everything you need to know. But, learning the basics before your free initial consultation will help ensure that you can work with your lawyer as effectively as possible.

What You Need to Know About Wisconsin’s Drunk Driving Laws

So, what do you need to know about Wisconsin’s drunk driving laws? Here are some of the basics:

OWI and PAC: Wisconsin’s Drunk Driving Offenses

While most states use the term driving under the influence (DUI), Wisconsin does not. Instead, Wisconsin’s drunk driving laws establish two different offenses: operating while intoxicated (OWI) and driving with a prohibited alcohol concentration (or PAC). Under Section 346.63(1) of the Wisconsin Statutes:

• Operating While Intoxicated (OWI) – “No person may drive or operate a motor vehicle while . . .[u]nder the influence of an intoxicant . . . to a degree which renders him or her incapable of safely driving.”
• Driving with a Prohibited Alcohol Concentration (PAC) – “No person may drive or operate a motor vehicle while . . . [t]he person has a prohibited alcohol concentration.” A “prohibited alcohol concentration” is 0.08 percent in most cases, though it is possible to face a PAC charge with a blood alcohol concentration (BAC) of just 0.02 percent in certain circumstances.

As you can see, under Wisconsin’s OWI statute, prosecutors do not need evidence of your BAC to secure a conviction. This means that you can be convicted of OWI even if you refuse the breath test or are unable to register a BAC reading. Generally speaking, OWI and PAC charges carry the same penalties under Wisconsin law, though having a significantly elevated BAC (0.15 percent or above) can enhance the penalties that are on the table in a PAC case.

Wisconsin’s Implied Consent Law

Another factor that can enhance the penalties you are facing is a violation of Wisconsin’s implied consent law. In fact, if you violate Wisconsin’s implied consent law, you can face penalties regardless of whether you are guilty of OWI or PAC. Wisconsin’s implied consent law states:

“Any person who . . . operates a motor vehicle upon the public highways of [Wisconsin]. . . is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol . . . .”

Basically, if you drive on Wisconsin’s public roads, you give your implied consent to a BAC test if the police pull you over on suspicion of drunk driving. If you revise to take a BAC test, you can be charged with an implied consent violation, which can carry penalties including:

• A 12-month driver’s license suspension
• Mandatory ignition interlock device (IID) installation
• Mandatory alcohol assessment and treatment

But, while Wisconsin drivers need to comply with the state’s implied consent law, the police need to comply with the law as well. If the police did not fully comply with the law during your drunk driving stop, this could provide a defense in your case.

Wisconsin’s Drunk Driving Penalties

Regardless of whether you are facing an OWI charge or a PAC charge, you are facing steep penalties under Wisconsin’s drunk driving laws. Depending on the circumstances of your case, if convicted, you could face penalties including:

• Fines
• Surcharges
• Driver’s license suspension
• Mandatory IID installation or 24/7 sobriety program
• Jail time

Various factors can increase the penalties for OWI and PAC charges in Wisconsin as well. For example, if you caused an accident or had a minor under age 16 in your vehicle at the time of your arrest, this could increase the risks of your drunk driving case significantly.

Wisconsin’s Ignition Interlock Law

As discussed above, mandatory IID installation is a potential penalty for both implied consent violations and OWI/PAC charges. Under Wisconsin law, mandatory IID installation is required in some cases. Specifically, the judge must order mandatory IID installation if either: (i) your BAC was 0.15 percent or above; (ii) you have a qualifying prior drunk driving conviction; or, (iii) you refused to provide a BAC sample during your traffic stop.

Plea Bargaining in Wisconsin Drunk Driving Cases

While some states prohibit plea bargaining in drunk driving cases, Wisconsin does not. If you are facing an OWI or PAC charge and do not have a strong defense available (and do not qualify for diversion), then negotiating a plea bargain could be the best option for minimizing the consequences of your arrest. Before you seek a plea bargain, however, there are several important factors to consider, and you will want to ensure that you are making an informed decision based on the advice of an experienced drunk-driving lawyer.

Schedule a Free Consultation with a Drunk Driving Lawyer in Madison, WI

Do you need to know more about Wisconsin’s drunk driving laws? If so, we encourage you to contact us promptly. To schedule a free consultation with a drunk driving lawyer at Mays Law Office in Madison, please call 608-305-4518 or tell us how we can help online today.

If you are facing an OWI charge in Wisconsin, you are probably wondering what you can do to get your charge dismissed. Maybe you made a mistake, or maybe you didn’t, but regardless you want to know what you can do to get out of going to court and move on with your life.

So, how do you get an OWI dismissed in Wisconsin?

We need to start with a point of clarification: While it is possible to get an OWI charge dismissed before trial in some cases, there are no guarantees. Regardless of the facts of your case, a conviction is a very real possibility. It is up to you to fight your OWI charge; and, to learn about the options you have available in your case, you will need to speak with an experienced Madison OWI lawyer as soon as possible.

2 Options for Getting an OWI Dismissed in Wisconsin

While the options you have available depend on the unique circumstances of your case, there are generally three options for seeking dismissal of an OWI charge in Wisconsin. To be clear, we are talking about seeking dismissal before trial. Fighting your OWI charge at trial is always an option, and there are several defenses an experienced Madison OWI lawyer may be able to assert on your behalf in court.

With this in mind, the options for getting an OWI charge dismissed before trial in Wisconsin include:

Option #1: Keep the Prosecution’s Evidence Out of Court

One option is to keep the prosecution’s evidence out of court. If prosecutors cannot use their evidence against you, they won’t be able to meet their burden of proof—and you should not have to stand trial.

Keeping the prosecution’s evidence out of court involves proving that the police or prosecutors violated your constitutional rights. If the police violated your constitutional rights, any evidence that they obtained in violation of your rights can be deemed inadmissible in court. If prosecutors violated your rights, their violation may have made it impossible for you to receive a fair, speedy, and impartial trial.

Some examples of potential constitutional violations in OWI cases include:

• The police pulled you over without reasonable suspicion
• The police arrested you without probable cause
• The police failed to read your Miranda rights before interrogating you
• Prosecutors have withheld evidence that is relevant to your defense
• Prosecutors have engaged in other misconduct depriving you of your rights

If the police or prosecutors have violated your constitutional rights—and if you can prove it—you may be entitled to dismissal of your OWI charge. When you hire an experienced Madison OWI lawyer to represent you, your lawyer will determine whether your constitutional rights have been violated; and, if so, your lawyer will determine what this means for your case. While constitutional violations can warrant dismissal in some cases, in others the judge may find that the violation does not preclude a fair trial.

Option #2: Show that the Prosecution’s Evidence Doesn’t Prove Your Guilt Beyond a Reasonable Doubt

Even if the prosecution’s evidence is admissible in court, an experienced Madison OWI lawyer may still be able to help you secure a dismissal by showing that the prosecution’s evidence doesn’t prove your guilt beyond a reasonable doubt. “Beyond a reasonable doubt” is the burden of proof in any criminal OWI (in Wisconsin, any 2nd or greater offense), and it is up to the prosecution to meet this burden. As a defendant, you do not have to prove anything at trial. Prosecutors will present their case first; and, if they don’t meet their burden of proof, you will be entitled to an acquittal without needing to present any evidence in your defense.

This also means that you can seek dismissal before trial if prosecutors don’t have the evidence they need to secure a conviction. If the prosecution’s evidence is lacking, there is no reason to waste your time—or the court’s time—with a trial. During the early stages of your case, your lawyer will be able to learn what evidence prosecutors have in their possession (unless they improperly withhold evidence), and then your lawyer will be able to use this information to determine whether a motion to dismiss is warranted.

What About Negotiating a Plea Bargain?

What about negotiating a plea bargain? This is an option in Wisconsin OWI cases, and negotiating a plea bargain can save you from an OWI conviction. However, your “plea” will still involve accepting responsibility for a violation of Wisconsin law—usually reckless driving. As a result, while this can also be a good option in some cases, here too, you will want to be careful to ensure that you are considering all of the options you have on the table.

Discuss Your Options with an Experienced Madison OWI Lawyer in Confidence

Are you facing an OWI charge in Wisconsin? If so, we encourage you to contact us for more information. To discuss your case with an experienced Madison OWI lawyer in confidence, call 608-302-6614 or request a free consultation online today.