At present, many Wisconsin drivers who have had their licenses revoked due to drunk driving convictions can apply for provisional or occupational licenses. These licenses allow individuals to drive to and from work or to and from locations that are stipulated at the time the licenses are issued. Provisional licenses can be a good compromise for individuals who have lost driving privileges to maintain their jobs and responsibilities as they earn back their rights to have full drivers licenses.
According to the Wisconsin Department of Transportation, OWI convictions have dropped a lot over the last few years. For example, in 2010 there were more than 32,000 OWI convictions in the state while just last year there were just over 24,000. Many people credit the state's SafeRide program with helping to cut down on drunk driving within Wisconsin's borders, but the SafeRide program has run into financial problems as the number of drunk driving convictions has gone down.
Is an involuntary blood draw for the purposes of performing blood alcohol tests a violation of a person's Fourth Amendment right to avoid unreasonable searches and seizures? American citizens, including those who reside in Wisconsin, are guaranteed this protection by the mentioned amendment to the United States Constitution. However, law enforcement offices all across the country often test individuals against their wills for alcohol and other substances when those individuals are suspected of drunk or drugged driving. This post will look at some of the issues behind this debate.
Each state in the country has its own DUI and drunk driving laws. In Wisconsin, a first DUI offense is generally punished less severely than a second DUI offense. However, as a driver accrues DUI convictions the penalties that he can encounter increase dramatically.
As several prior posts on this Wisconsin DUI defense law blog have discussed, a breathalyzer test measures the concentration of alcohol that a person has in his system at the time he blows his breath into the testing device. A breathalyzer reading at or in excess of .08 generally indicates an impermissible level of alcohol in a driver's body. However, a reading below .08 does not guarantee that a driver will avoid arrest on DUI or another drunk driving-related charge.