Driving under the influence (DUI) is a crime under Wisconsin law. It carries steep penalties, and having a DUI conviction on your record can impact many aspects of your life.

But, if you are facing a DUI charge, this does not necessarily mean that you will be convicted. Prosecutors must prove that you are guilty—and they must do so “beyond a reasonable doubt.”

So, what does it take to prove a DUI charge in Wisconsin?

Understanding the “Elements” of a Wisconsin DUI

The crime of driving under the influence (technically, operating under the influence, or OUI, in Wisconsin) is defined in Section 346.63(1) of the Wisconsin statutes. This section of the law states:

“No person may drive or operate a motor vehicle while: (a) Under the influence of an intoxicant [or] controlled substance . . . to a degree which renders him or her incapable of safely driving . . . ; or (b) The person has a prohibited alcohol concentration.”

To see what prosecutors need to prove in order to secure a DUI conviction, we need to break Section 346.63(1) down into its “elements.” In Wisconsin, these are the elements of a DUI charge:

• You were driving or operating a motor vehicle; and,
• You either (a) were under the influence to a degree that renders you incapable of safely driving, or (b) had a “prohibited alcohol concentration.”

1. Driving or Operating a Motor Vehicle

Under Wisconsin law, you don’t actually have to be driving in order to be convicted of DUI. Wisconsin law allows prosecutors to pursue charges in cases in which someone is “driving” or “operating a motor vehicle.” So, what’s the difference?

Section 346.63(3)(a) of the Wisconsin Statutes defines “driving” as follows:

“‘Drive’ means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.”

Section 346.63(b) of the Wisconsin Statutes defines “operating” as follows:

“’ Operate’ means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.”

Basically, “driving” means what you think it means. If you are going somewhere in your car, truck or SUV and you are behind the wheel, then you are driving for purposes of Wisconsin’s DUI law.

However, you can also face a DUI charge for “operating” a motor vehicle. Using any of the controls of a motor vehicle constitutes operating for purposes of Wisconsin’s DUI statute. This includes putting the key in the ignition (or pushing the button on your dashboard or key fob). It also includes releasing the handbrake, shifting out of park, or even turning the wheel from the passenger seat. Thus, not only is it possible to get a DUI if you are parked, but it is also possible to get a DUI as a passenger.

The last definition we need to examine is the definition of a “motor vehicle.” This definition appears in Section 340.01(35). A motor vehicle includes any “device in, upon, or by which any person or property is or may be transported or drawn upon a highway” that is “self-propelled.” This includes pretty much anything you could possibly think of as a vehicle, although electric bicycles are specifically excluded.

2. Driving Under the Influence or With a “Prohibited Alcohol Concentration”

So, let’s assume you were driving or operating a motor vehicle. The next question is whether you were legally impaired. Wisconsin law gives prosecutors two ways to prove impairment—they can present evidence to show that you were “incapable of safely driving,” or they can present evidence of your “prohibited alcohol concentration.”

Driving Under the Influence To a Degree That Renders You Incapable of Safely Driving

In Wisconsin, prosecutors do not need to prove that your blood alcohol concentration (BAC) was above the legal limit to secure a conviction. While this is an option, it is not the only option prosecutors have available. Thus, while disputing the reliability of your BAC reading can be an effective defense strategy in some cases, it is important not to assume that you will be found not guilty if your breath or blood test result is unreliable.

Besides your BAC, there are a number of ways prosecutors may seek to prove that you were legally impaired. Some examples include:

• The arresting officer’s testimony regarding your driving behavior
• The arresting officer’s testimony regarding your speech, physical appearance, or unsteadiness
• The arresting officer’s testimony regarding your performance on the field sobriety tests (FSTs)
• Body camera or dash camera footage
• Your statements during your traffic stop or after your arrest

Driving with a “Prohibited Alcohol Concentration”

Regardless of whether you were “incapable of safely driving,” prosecutors in Wisconsin can also secure a DUI conviction by proving that your BAC was over the legal limit. The Wisconsin Statutes refer to this as “prohibited alcohol concentration,” because different BAC limits apply under different scenarios. For example:

• In most cases, adults over the age of 21 cannot drive with a BAC of 0.08% or above.
• Adults over the age of 21 who have three or more prior DUI convictions cannot drive with a BAC of 0.02% or above.
• Adults over the age of 21 who have previously refused a breath test or who have previously received a DUI with a BAC of 0.15% or above cannot drive with a BAC of 0.02% or above.

Even if you took a breath test and blew over the legal limit, it may still be possible to fight your DUI. There are several potential ways to challenge a BAC reading—and there are several other potential defenses to Wisconsin DUI charges as well. The key is to build a defense based on the particular facts of your case, and hiring an experienced defense lawyer will give you the best possible chance to avoid life-altering consequences.

Get a Free Wisconsin DUI Defense Consultation

Are you facing a DUI charge in Wisconsin? If so, we can help. To speak with an experienced Madison DUI lawyer in confidence, call 608-305-4518 or request a free consultation online now.

Our law firm, Mays Law Office, LLC was named a top favorite for Best Law Firm by Madison.com People’s Choice.

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If you’ve been injured on the job in Wisconsin, you may be entitled to workers’ compensation benefits. But, even if you are clearly entitled to compensation, this doesn’t mean that it will be easy to collect the benefits you deserve. You need to take several steps to protect your rights, and there are also several costly mistakes you need to avoid.

Here are 10 common mistakes you need to avoid when filing for workers’ compensation benefits in Wisconsin:

1. Waiting Too Long to Report Your Injury

In Wisconsin, you only have 30 days to report a job-related injury. If you wait longer than 30 days, you could lose your right to workers’ compensation benefits.

However, while you have up to 30 days, you really shouldn’t wait any longer than necessary. Even if you report your injury within 30 days, waiting could make it more difficult to prove that you are entitled to benefits. Your employer may try to dispute that the accident happened, and your employer’s insurance company may try to argue that you can’t prove your injury is work-related.

2. Including Inaccurate Information on Your Injury Report

When reporting your injury to your employer, you need to be as accurate as possible. You do not want to say anything that isn’t true. Do not make any assumptions; if you don’t know something, state that you don’t know. Even if you inadvertently provide false or misleading information, this could create problems for your workers’ compensation claim.

3. Seeing a Company Doctor

Under Wisconsin law, you have the right to see a doctor of your choosing (this isn’t the case in all states). You should exercise this right—and you should not see a company doctor if one is available to you. If you needed emergency treatment and you saw a company doctor, that’s okay, but you will want to choose your own doctor going forward.

4. Failing to Follow Through with Your Medical Care

Once you receive a diagnosis and treatment recommendations, you need to follow through with your medical care. Ignoring medical advice is among the most common mistakes workers make after getting injured on the job. If you ignore your doctor’s advice, not only could this hinder your recovery, but it could lead to challenges with your workers’ compensation claim as well.

If you aren’t sure what your doctor has recommended, you should call the office to inquire. Make sure you get your prescriptions filled and make arrangements to be at all of your follow-up appointments on time.

5. Returning to Work Too Soon

As part of following your doctor’s advice, you need to make sure you do not return to work too soon. Even if you feel good enough to work, you still need to rest if this is what your doctor recommends. Broken bones, strains and tears, tendonitis, and other common types of work injuries can take several weeks or months to heal, and resuming work too soon could lead to setbacks with your recovery. If the insurance company says that you are responsible for these setbacks, your additional medical expenses might not be covered.

6. Letting the Insurance Company Calculate Your Benefits

Most employees who file for workers’ compensation on their own let the insurance company calculate their benefits. While the insurance company might calculate your benefits correctly, it also might not. To make sure you receive the full benefits to which you are legally entitled, you will want to double-check the insurance company’s calculation and raise any concerns you have.

This is especially important concerning disability benefits. Temporary and permanent disability benefits are calculated differently, and the amount you are entitled to receive depends on your individual circumstances. The insurance company might try to pay less than the full amount you are owed; and, if it does, you will need to know so that you can address the issue promptly.

7. Accepting a Denial of Benefits

Sometimes insurance companies will deny benefits outright. If you receive a denial of benefits, you should not let this be the last word on your claim. Instead, you should talk to a lawyer to find out if the denial was justified. If it weren’t (as is often the case), your lawyer would be able to deal with the insurance company for you and work to address any issues that may be responsible for your denial.

8. Failing to Prepare for Your Independent Medical Exam (IME)

After you file for workers’ compensation benefits, your employer’s insurance company may say that you need to attend an independent medical exam (IME). This is an exam conducted by a doctor who works with an insurance company. As such, it really isn’t “independent” at all.

Before attending an IME, you need to prepare. You need to know what to say, what not to say, and what to do once the exam is over. A lawyer can help you with this as well.

9. Giving Up on Your Claim

Given all of the challenges involved in filing for workers’ compensation benefits, some workers simply give up. They get tired of dealing with the insurance company, and they decide that the hassle isn’t worth any benefits they may eventually be able to recover.

However, you should not give up on your claim under any circumstances. Job-related injuries can be incredibly costly, and you deserve to collect benefits if you qualify. Down the line, you will be happy that you put in the effort to file a successful claim.

10. Trying to Handle Your Situation on Your Own

If you need to file for workers’ compensation, you don’t have to handle your situation on your own. A lawyer can help you, and you can hire a lawyer at no out-of-pocket cost. Legal fees for workers’ compensation claims are capped at 20 percent of the amount in dispute, and an experienced lawyer may be able to help you recover far more than you could recover on your own.

Schedule a Free Workers’ Comp Consultation at Mays Law Office

Do you need to file a claim for workers’ compensation benefits? If so, we encourage you to contact us for a free, no-obligation consultation. To speak with an experienced workers’ compensation lawyer at Mays Law Office in confidence, call 608-302-6614 or tell us how we can reach you online now.

When the police pull you over and ask if you’ve been drinking, you need to make a lot of very important decisions in a very short period of time. One of these decisions is whether to take the breathalyzer test.

Wisconsin, like all other states, has an “implied consent” law. Under this law, you give your consent for the police to take a breath, blood, or urine sample when you get pulled over on suspicion of DUI. Typically, the police ask suspects to take a breath test, as this test can be performed quickly on the side of the road using a breathalyzer device.

Criminal Penalties for Violating Wisconsin’s Implied Consent Law

Just like any other law, you can break Wisconsin’s implied consent law. In other words, you can refuse to take a breathalyzer test during a DUI stop. However, just as there are consequences when you break any other law, there are consequences for breaking Wisconsin’s implied consent law as well.

These consequences can be substantial.

For a first-time offense, violating Wisconsin’s implied consent law carries the following penalties: (i) loss of your driver’s license for one year, (ii) mandatory installation of an ignition interlock device (IID) for one year; and, (iii) a 30-day waiting period before you can apply for an occupational license (a limited driver’s license that allows you to drive back and forth to your job). If you have a child under the age of 16 in your vehicle, these penalties double.

If you have a prior conviction on your record, you will face enhanced penalties as a repeat offender.

Crucially, you can be convicted of an implied consent violation and face penalties for refusing a breath test even if you were not driving under the influence. If the police lawfully stopped you and requested that you take the breathalyzer in accordance with Wisconsin’s implied consent law, you were required to comply. It doesn’t matter if you weren’t actually drunk behind the wheel.

Inference of Guilt for Refusing a Breathalyzer Test in Wisconsin

In addition to facing penalties under Wisconsin’s implied consent law, you can also face what is known as a “negative inference” in your DUI case. Basically, this means that prosecutors will be able to use your refusal of the breathalyzer test as evidence against you.

Does this mean that you stand no chance of avoiding a DUI conviction? Absolutely not. While prosecutors will assert that you refused to take a breath test because you knew you were drunk, your attorney can argue that this wasn’t actually the case. Maybe you weren’t aware of the implications of Wisconsin’s implied consent law. Or, maybe you refused the test because you didn’t want to risk a “false positive.” Or, maybe you were concerned about taking the test for other reasons. Whatever the case may be, a skilled attorney will be able to argue that the factfinder (i.e. the judge or jury) shouldn’t use your refusal against you.

How To Defend Against an Implied Consent Violation in Wisconsin

In order to protect your driver’s license and avoid installing an IID device in your vehicle (at your expense) as the result of refusing a breathalyzer test during a DUI stop, you must request a hearing within 10 days. You will want to have an attorney represent you at this hearing, as you need to present a sound defense strategy, and you need to do everything you can to avoid losing your driver’s license for a year (or longer if you are being charged as a repeat offender).

Some examples of potential defenses to implied consent violations in Wisconsin include:

• Your DUI Stop was Unlawful – The police cannot stop you for any reason. In order to conduct a traffic stop, the police must have “reasonable suspicion” that you have committed or are in the process of committing a crime. If your traffic stop was unlawful (i.e. because the police racially profiled you), this could provide a justification for your breath test refusal.
• The Officer Did Not Have Reason to Believe that You Were Driving Drunk – In order to validly request a breath test before arresting you, the arresting officer must “detect[] any presence of alcohol” on your person or have other “reason to believe” that you were driving drunk. If the arresting officer did not detect the presence of alcohol or have other reason to believe you were driving drunk, this may provide you with a defense.
• The Officer Failed to Provide All Required Information – Prior to administering a breath test, an officer conducting a DUI stop must read the statement required under Section 343.305(4) of the Wisconsin Statutes. If the officer fails to provide any of the information required under Section 343.305(4), this may provide you with a defense as well.

These are not the only potential defenses to a breath test refusal in Wisconsin. An experienced DUI attorney will be able to thoroughly evaluate the circumstances of your case and identify all of the defenses you have available.

What to Do if You Refused a Breath Test During a DUI Stop in Wisconsin

Given the potential for severe consequences and the requirement to request a hearing within 10 days, what should you do if you refused a breath test during a DUI stop in Wisconsin?

At this point, you need to discuss your situation with an attorney. In addition to determining what defenses you have available, an experienced attorney can request a hearing on your behalf, begin building your defense strategy immediately, and begin working on your DUI defense. Don’t forget, fighting your refusal charge is just the first part of the process. You also need to fight your DUI—as DUI convictions carry substantial penalties in Wisconsin as well.

Schedule a Free Consultation with a Middleton, WI DUI Defense Attorney

Did you refuse a breath test during your DUI stop? If so, it is strongly in your best interests to speak with an attorney promptly. To schedule a free consultation with a Middleton DUI defense attorney at Mays Law Office, call 608-305-4518 or tell us how we can reach you online now.

For many workers in Wisconsin, recovering their losses after suffering a job-related injury involves filing a claim for workers’ compensation benefits. If you have been injured and are wondering if you are eligible to file, here is an overview of what you need to know:

5 Important Facts about Workers’ Compensation Eligibility in Illinois

1. Workers’ Compensation is a “No Fault” System in Wisconsin

In Wisconsin, workers’ compensation is a “no fault” system. This means that proof of fault is not required in order to file a claim with your employer. Even if you simply tripped going up the stairs, you can file a claim as long as your injury is “job-related” (more on this below).

This access to “no fault” benefits comes with a tradeoff. While you can file a workers’ compensation claim even if your employer is not at fault for your injury, the amount your employer has to pay is limited. Employers that comply with Wisconsin’s workers’ compensation law are immune from job injury lawsuits in most cases. As a result, while eligible employees can file claims regardless of fault, the benefits that are available through workers’ compensation are limited to:

• Medical benefits
• Partial wage replacement benefits (also referred to as disability benefits)
• Training and vocational benefits

However, many injured employees are still entitled to substantial workers’ compensation benefits. If you have been seriously injured, and if you are unable to work as a result of your injury, it will be important for you to work with an experienced Madison workers’ compensation lawyer to make sure you seek the full benefits you deserve.

2. Workers’ Compensation Benefits are Available to Employees

In order to be eligible for workers’ compensation benefits, you must be classified as an employee. Under Wisconsin law, independent contractors are not eligible to file for workers’ compensation. As explained by the Wisconsin Department of Workforce Development (DWD):

“All employees working for an employer (other than farmers) with three or more workers are protected immediately by the Worker’s Compensation Act. Employers with fewer than three workers come under the law if they pay wages of $500 or more in any quarter of a calendar year. . . . Farm workers are covered if the farm employer has six or more employees on 20 or more days in a calendar year.”

While most employees are covered, some are not. Specifically, Wisconsin’s workers’ compensation law does not apply to:

• Domestic servants
• Employees who do not work “in the trade, business, profession or occupation of the employer”
• Small farm employees
• Volunteers
• Qualifying religious sect members
• Employees of Native American tribal enterprises
• Employees who are covered under federal workers’ compensation programs

What if you fall into one of these categories? Or, what if you are an independent contractor? If you are not eligible for workers’ compensation benefits under state or federal law, then you will need to seek compensation through other means. One option may be to file a personal injury lawsuit against your employer. You could also have a claim against another party (i.e. a property or vehicle owner, depending on how you got injured), and an attorney can assess your eligibility for other government benefits (i.e. Social Security disability) as well.

3. Workers’ Compensation Covers Most Causes of Job-Related Injuries

Since workers’ compensation is a “no fault” system, most causes of job-related injuries are covered. While your injury must be “job-related,” you do not need to be engaged in performing your specific job duties at the time you get injured in order to be eligible for benefits. For example, the following are all common causes of job-related accidents that can justify claims for workers’ compensation benefits:

• Slipping and falling while walking to the bathroom or kitchen
• Slipping and falling in the parking lot
• Hurting your back while squatting, twisting, or bending
• Accidents that occur while you are traveling for work

These, of course, are in addition to job-related accidents such as falls, collisions, tool and machinery accidents, and exposure to harmful substances or electrical currents. Regardless of what happened, if you have been injured on the job in Wisconsin, you should speak with a local attorney about your legal rights.

4. Workers’ Compensation Covers Most Types of Job-Related Injuries and Illnesses

In Wisconsin, workers’ compensation covers virtually all types of job-related injuries, and it covers most types of job-related illnesses. Eligible employees can collect workers’ compensation benefits for:

• Physical injuries from accidents and repetitive stress (including soft tissue injuries, nerve damage, broken bones, herniated discus, concussions, and other types of injuries)
• Impairment or loss of hearing, vision, or other bodily function
• Mental harm (including “nervous disorders, hysteria, and traumatic neurosis”)
• Occupational diseases  resulting from “exposure over a period of time to some employment-related substance, condition or activity”

What about COVID-19? As the Wisconsin DWD explains, “[t]he short answer is maybe.” If a qualifying employee is able to demonstrate that his or her diagnosis is the result of exposure at work, then that employee should be able to file a successful claim for benefits.

5. Our Madison Workers’ Compensation Lawyers Can Determine Your Eligibility

Given the challenges involved with determining your eligibility and making sure you receive the full benefits to which you are legally entitled, it will be important for you to speak with a lawyer about your workers’ compensation claim. At Mays Law Office, we provide full-service legal representation for injured workers. We can assess your eligibility for all types of claims; and, if you are entitled to compensation, we can help you seek the maximum compensation available. To find out if you are eligible for workers’ compensation benefits, contact us for a free consultation today.

Speak with a Madison Workers’ Compensation Lawyer for Free

Were you injured on the job in Wisconsin? If so, our Madison workers’ compensation lawyers can assess your legal rights and help you fight for the compensation you deserve. To get started with a free, no-obligation consultation, call us at 608-305-4518 or tell us about your situation online today.