There are two important facts you need to know about taking the field sobriety tests (FSTs) in Wisconsin. First, taking the FSTs is not mandatory. You have the right to refuse the field sobriety tests during your DUI stop, and prosecutors cannot secure a conviction based on the fact that you chose not to voluntarily submit to the FSTs.

Second, if you take the field sobriety tests, your test results will only be used against you. Prosecutors will use your “failure” as evidence of guilt; and, if you do not dispute this evidence successfully, your decision to take the FSTs could lead to a conviction at trial.

Ways a Madison DUI Lawyer May Be Able to Challenge Your Field Sobriety Test Results

But, while failing the field sobriety tests can have severe negative repercussions, it is possible to challenge poor performance on the FSTs in many cases. Here are 12 examples of ways a Madison DUI lawyer may be able to challenge your field sobriety test results in court:

1. Failure to Provide Adequate Instructions

Before administering the field sobriety tests, the police must provide adequate instructions in the language you can understand. If your arresting officer failed to provide you with appropriate instructions, this means that you had virtually no way of passing the FSTs.

2. Failure to Administer the Standardized Tests

There are three “standardized” field sobriety tests that police in Wisconsin are supposed to use: (i) the walk-and-turn test, (ii) the one-leg stand test, and (iii) the horizontal gaze nystagmus test. If your arresting officer administered any other type of test (i.e. asking you to outstretch your arm then put your finger to your nose), your performance on this test shouldn’t be used against you.

The police are supposed to use the standardized FSTs because these tests have proven to be the most reliable (when they are administered appropriately). However, studies have shown that even these tests only provide an accurate assessment of a driver’s impairment level around 80% to 90% of the time.

3. Improper Administration of the Standardized Tests

When administering the standardized field sobriety tests, the police must follow a rigid set of protocols. If they don’t (or if prosecutors cannot prove that they did), this can entitle a driver to have his or her FST results kept out of court.

4. Uneven or Unstable Ground

The standardized field sobriety tests are designed to be performed on flat ground with no hazards or obstructions. If the police had you perform the field sobriety tests on a sloped shoulder, if the ground was muddy or slick, or if there were rocks or debris on the ground, these are all factors that could invalidate the results of your FSTs.

5. Poor Weather or Lighting Conditions

The standardized field sobriety tests are also designed to be performed in good weather and lighting conditions. If it was raining or snowing when you got pulled over, or if it was dark or dimly lit, these factors could have negatively impacted your performance on the FSTs. Puddles, ice or snow on the ground, and being blinded by passing cars’ headlights are also common factors that can cause failure regardless of a driver’s level of intoxication.

6. Testing Your Physical Agility

While the field sobriety tests are intended to test a driver’s level of intoxication, what they often test is a driver’s physical agility. Even when they are not under the influence of alcohol, many people struggle to stand on one leg for an extended period of time or walk heel-to-toe without losing their balance. If you lacked the physical agility required to pass the field sobriety tests, then your test results in no way suggest that you are guilty of DUI.

7. Testing Your Ability to Follow Instructions

Many people fail the standardized field sobriety tests because they have difficulty following the arresting officer’s instructions. If you were unable to follow along, this does not necessarily mean that you were drunk. It could simply mean that you had trouble remembering everything the officer told you or that you misinterpreted the instructions in some way.

8. Testing Your Ability to Focus Under Stress

There is no denying that getting pulled over is stressful. It gets even more stressful when the officer asks if you have been drinking and then asks you to step out of the car. If you, like many people, find it difficult to focus when you are under stress, you could very easily fail the FSTs even if you are completely sober.

9. No Quantitative Scoring System

Unlike the breathalyzer, which measures your blood alcohol concentration (BAC), the field sobriety tests do not have a quantitative scoring system. Instead, your “failure” is based on the arresting officer’s subjective interpretation of your performance. Even if you make one minor mistake during one field sobriety test, this can be enough for an officer to arrest you for being drunk behind the wheel.

10. Improper Interpretation of Your Performance

It is not at all uncommon for the police to misinterpret drivers’ performance on the field sobriety tests. From failing to observe the entire test to not having a clear understanding of a test’s parameters, there are a variety of issues that can lead to an improper interpretation of a driver’s performance.

11. No Second Chance

Typically, once you make a mistake on a field sobriety test, that’s it. You don’t get a second chance. Even if you are fully capable of passing the tests, you won’t get the opportunity to do so.

12. Alternate Explanations for a “Failed” Test

From physical injuries to unstable shoes, and from health conditions to baggy clothes, there are numerous issues that can explain a “failed” field sobriety test. If there is any alternate explanation for your failure, an experienced Madison DUI lawyer should be able to use this to help protect you.

Discuss Your Case with a Madison DUI Lawyer in Confidence

Did you fail the field sobriety tests during your DUI stop in Madison? If so, we encourage you to contact us promptly for more information. While it may be possible to challenge your FST results, it may be necessary to assert other defenses as well. To discuss your case with an experienced Madison DUI lawyer in confidence, call 608-305-4518 or tell us how we can reach you online now.

While some injured workers are treated fairly in Wisconsin, most unfortunately are not. Most injured workers are treated rudely, even with skepticism as to whether they truly were hurt. One could even ask if Adjusters are trained to belittle the Wisconsin injured worker. Don‘t put up with it, call Mays Law Office at 608-305-4518 for a free consultation and tips on what the workers compensation carrier won’t tell you, such as… 

You are entitled to 100% reimbursement for medical mileage to/from doctor and therapy appointments; 

If you are getting a lost time benefit (also called TTD benefit), is the average weekly wage calculated correctly – most are not; 

You can choose your own doctor/medical provider – never treat with the “company doctor”; 

If instructed to see an IME or so–called “Independent Medical Examiner” there is nothing “independent” about this exam. You have rights on how to handle these insurance-paid exams; 

Nurses assigned to attend your medical appointments do not have the automatic right to come into your exams or guide your medical treatment; 

Employers have to offer you accommodating work that meets your physical restrictions while healing from a work injury, if not then a lost–time benefit needs to be paid to you for missing work; 

If your injury is severe enough to cause permanent disability and you have lost your job, or an equivalent paying job, then likely you are eligible to pursue Retraining or a loss of Earning Capacity 

Claim; 

If your injury is severe enough that it leaves you disfigured, such as a serious scar, limp, amputation then you are entitled to an additional benefit called Disfigurement. 

Be cautious – don’t let the workers compensation insurance carrier stall, claiming week after week that they are “investigating” your injury. Likely, if the claim takes more than two weeks to investigate then it will be denied. Call Mays Law Office immediately. Never accept a denial of your work injury without calling or E–mailing Mays Law Office first, Ipmays@mayslaw.net 

At Mays Law Office, Attorney Lisa Pierobon Mays is happy to talk to you at any time during the workers compensation process. However, there are crucial moments when you absolutely need to talk to us, such as: 

Call an attorney if the employer refuses to believe that you were injured at work or refuses to file the accident claim with their workers compensation carrier; 

Call an attorney if the employer fires you for reporting a work injury; 

Call an attorney if two weeks passes after your work injury and you have received no benefits for either lost time from work or payment of your medical bills; 

Call an attorney before going to any doctor appointment set up by the workers compensation carrier, especially if they claim it is an “Independent Medical Examination.” This is false and nothing about it is “independent or fair. 

Call an attorney if the workers compensation doctor disagrees with your doctor and the insurance company stops paying for your medical treatment or tells you to not follow the advice of your own doctor; 

Call an attorney if you cannot work and now the workers compensation carrier is not paying you a lost time benefit; 

Call an attorney if the workers compensation carrier wants you to sign a document in exchange for a money settlement; 

Call an attorney if you have physical restrictions and can do some level of work but the employer refuses to allow you back and now the workers compensation carrier is not paying you a lost time benefit; 

Call an attorney if your injury is so severe that you have concerns that you will never be well enough to return to the same type of employment. 

Lastly, always feel welcome to call Mays Law Office at any time you have questions. At Mays Law office, you will talk to a Wisconsin attorney who concentrates their practice in representing injured workers. At Mays Law Office you will work with an attorney, not just an assistance or paralegal. Have a question, Call (608)257–0440 or Toll Free (866)257–0440 or E-mail Ipmays@mayslaw.net 

These days, more people than ever are working from home. While most employees who work at home spend their time in front of a computer, accidents can still lead to injuries. These injuries can be expensive, and they can make it difficult (if not impossible) to do your job.

So, if you got injured while working at home in Wisconsin, are you eligible for workers’ comp?

Employees Who Work at Home are Generally Eligible for Workers’ Comp

In general, employees who work at home are eligible to receive workers’ comp benefits when they get injured on the job. Employers cannot avoid liability for job-related injuries simply by having their employees work from home. While many work-at-home injuries result from slip-and-fall and trip-and-fall accidents, accidents involving tools and equipment are common as well, and many employees are just as susceptible to repetitive stress injuries at home as they are in the office. As long as an injury is job-related (and an employee otherwise qualifies for benefits), it doesn’t matter where the injury occurs.

But, this does not mean that filing a successful workers’ comp claim will be easy. Among other issues, there is a good chance that your employer (or its insurance company) will question whether your injury is truly work-related. If you file a claim because you slipped and fell in the bathroom, for example, your employer (or its insurance company) may argue that you can’t prove you fell during work time. What if you fell before your workday started? What if you were taking a break from working (and not simply going to the bathroom in the middle of working)? If you can’t prove that you were “at work” when the accident happened, you will struggle to collect the benefits you deserve.

Another issue that can make it more difficult to obtain workers’ comp benefits for a work-at-home injury is that there aren’t any witnesses. When you get injured in the office or at a job site, there will often be someone there who can confirm that you got injured on the job. At the very least, you can report your injury right away; and, if you weren’t injured when you got to work, your injury report will help confirm that you did in fact get injured during the workday.

Steps You Can (and Should) Take if You Got Injured While Working at Home

With these challenges in mind, there are some important steps you should take if you have suffered a job-related injury while working from home. As soon as possible, you should:

1. Document Where and When the Accident Happened

When seeking workers’ comp for a work-at-home injury, it is important to have thorough documentation. Take photos of the location where you got injured, the issue that caused your injury (i.e. a slippery floor or dangerous tool), and the injury itself. If you take these photos with your phone, they should be accurately time-stamped. If you were working on a computer or tablet, save your work—as this will also create a timestamp that can help prove you were injured within the scope of your employment.

2. Report Your Injury to Your Employer

With work-at-home injuries, it is especially important to report your injury to your employer right away. Unnecessary delays will open up more opportunities for your employer (or its insurance company) to argue that you can’t prove that your injury is job-related.

When you report your accident, provide as much information as possible, and do not embellish any details. Stick to the facts. Make sure you have a copy of your report before you submit it to your employer.

3. See a Doctor

You will want to see a doctor as soon as possible. In Wisconsin, you are not required to see a company-approved doctor, and you should not let your employer tell you where to go for treatment. Tell your doctor exactly what happened, describe your symptoms in detail, and let your doctor know that you will be filing for workers’ compensation.

4. Follow Your Doctor’s Advice

Depending on the nature and severity of your injury, you may be able to go back to work right away, or you may need to take time off. Even if you are working from home, if your doctor says you should rest, you should rest. If you ignore your doctor’s advice, not only could it take longer for you to recover, but it could also become much more difficult to secure full workers’ comp benefits.

5. Talk to a Madison Workers’ Comp Lawyer

Given the challenges involved in obtaining benefits for a work-at-home injury, it is best to seek help from a Madison workers’ comp lawyer promptly. You can get a free initial consultation, and it costs nothing out-of-pocket to hire a lawyer to handle your claim. Your lawyer can deal with your employer (and its insurance company) on your behalf, and your lawyer can help you avoid mistakes that could jeopardize your recovery.

Are You Still Eligible for Workers’ Comp if You Could Have Prevented Your Injury?

A common question we get from individuals who suffer job-related injuries at home is whether they are still eligible for benefits if they could have prevented their injuries. For example, what if you slipped on a wet floor because you had recently taken a shower? Or, what if you were using your own tools and they weren’t in great shape?

In Wisconsin, workers’ comp is a “no fault” system. This means that employees can file claims for benefits regardless of who is at fault for their injuries (with only a few very narrow exceptions). Just as you could have filed a claim if you accidentally injured yourself at the office or on a job site, in most cases you can file a claim if you got injured at home even if the accident was due to an issue within your control.

Schedule a Free Consultation with a Madison Workers’ Comp Lawyer

If you were injured working at home in Wisconsin and need to file for workers’ comp benefits, we encourage you to get in touch. To schedule a free consultation with a Madison workers’ comp lawyer as soon as possible, call 608-305-4518 or request an appointment online now.

You got arrested for drunk driving. You are facing a DUI charge (technically, an operating while intoxicated (OWI) charge in Wisconsin), and you are facing all of the various penalties that go along with it. So, you need to know: Can you beat a Wisconsin drunk driving case? Or, is it time to accept the consequences of your arrest?

There are several potential ways to beat a drunk driving case in Wisconsin. As a result, under no circumstances should you throw in the towel. Even if you were driving drunk, you may have defenses available. Additionally, even if you cannot avoid a conviction entirely, fighting your DUI charge could result in a reduced sentence—and this could significantly mitigate the costs and other consequences you incur.

10 Potential Ways to Fight a Wisconsin DUI or OWI Charge

Every drunk driving case is unique, and the defenses that are available to someone else might not be available to you. On the same token, you may be able to assert defenses that were not available to someone you know who got convicted of DUI.

To find out what defenses you can use to fight your DUI, you will need to discuss the details of your case with an attorney. With this in mind, here are 10 potential ways to fight a drunk driving charge in Wisconsin:

1. Challenging Your Traffic Stop

The police cannot pull you over just because they want to. In order to conduct a traffic stop, the police must have “reasonable suspicion” to believe that the driver (or a passenger) is engaged in (or has been engaged in) unlawful activity. If the police pulled you over without reasonable suspicion—including if they pulled you over based on your race, color, or ethnicity—then you may be entitled to have all of the government’s evidence excluded from your drunk driving case. Without evidence, the prosecution won’t be able to secure a conviction.

2. Challenging Your Arrest

In addition to challenging your traffic stop, it may also be possible to challenge your arrest. While a traffic stop requires reasonable suspicion, an arrest requires “probable cause.” If the police did not have reason to believe that you were driving drunk but arrested you anyway, this could also provide grounds for having the government’s evidence excluded from your case.

3. Challenging Your Field Sobriety Test Results

If you took the field sobriety tests (FSTs) during your drunk driving stop, the prosecution will almost certainly try to use your test results against you. However, it is possible to challenge field sobriety test results in various ways. Did the arresting officer carefully observe the entire test? Was the ground uneven or unsteady? Was the area where you performed the tests dimly lit? These are just a few examples of numerous potential issues that could call your FST results into question.

4. Challenging Your Breathalyzer Test Result

Just as there are several possible ways to challenge FST results, there are several possible ways to challenge breathalyzer test results as well. Did the arresting officer provide all required information before administering the test? When was the last time the breathalyzer device was calibrated? Do you have a health or medical condition that could have impacted your blood alcohol concentration (BAC) reading? Again, these are just a few examples of numerous potential issues your lawyer may be able to raise in order to fight your DUI.

5. Asserting the “Rising BAC” Defense

When you consume alcohol, your BAC does not rise immediately. Rather, it rises gradually over time. Thus, if you drove shortly after drinking, it is possible that your BAC was below the legal limit when you were behind the wheel even though you registered 0.08% or above on the breathalyzer. This is known as the “rising BAC” defense, and it will prove effective for preventing the prosecution from meeting its burden of proof in many drunk driving cases.

6. Providing an Alternate Explanation for Your Appearance

In addition to FST and breathalyzer test results, police officers may consider various other factors when deciding whether to make a drunk driving arrest. This includes factors related to your appearance. However, while bloodshot eyes, a flushed face, and other appearances can be indicative of alcohol intoxication, they can have a variety of other explanations as well.

7. Providing an Alternate Explanation for Your Driving Behavior

Likewise, while drifting from your lane or slowing down unexpectedly can be signs of impairment, they can also have a variety of other explanations. Did you see something on the road? Was your mind wandering? Did your passenger interfere with your driving? Here too, there are multiple potential explanations besides being drunk behind the wheel.

8. Asserting Your Right to Remain Silent

One of the best ways to protect yourself after a drunk driving arrest is to assert your right to remain silent. It is true that anything you say can be used against you (although there are some exceptions), so staying silent will limit the prosecution’s options for securing a conviction.

9. Asserting Your Right to an Attorney

When you get arrested for drunk driving in Wisconsin, it is extremely important to assert your right to an attorney. Hiring an experienced attorney will give you the best chance to beat your DUI, and you should schedule a free consultation as soon as possible.

10. Raising Questions about the Prosecution’s Case

Finally, regardless of the circumstances involved in your case, the prosecution has the burden of proving your guilt beyond a reasonable doubt. If you can raise questions about the prosecution’s case (i.e. by questioning the validity of your BAC reading), this alone can be enough to avoid a finding of guilt.

Get a Free Consultation about Your Wisconsin Drunk Driving Case

Have you been arrested for drunk driving? If so, Madison DUI attorney Stephen Mays can help. To find out if you may be able to beat your Wisconsin drunk driving case, call 608-305-4518 or request a free consultation online now.