Analysis of 2025 Wisconsin Act 90 (Senate Bill 413) Wisconsin lawmakers recently enacted 2025 Wisconsin Act 90, a law that modifies several statutes involving sexual assault victims, criminal investigations, and reporting protections. The legislation expands certain immunity protections for victims and those seeking assistance, extends the statute of limitations for prosecuting second-degree sexual assault, increases the length of…
Field sobriety tests (FSTs) are roadside exercises used by law enforcement to help determine whether a driver may be impaired. In Wisconsin OWI cases, these tests are used to establish probable cause for arrest and may later be introduced as evidence in court. However, FST results are not chemical tests, and their reliability can be…
OWI penalties in Wisconsin escalate based on three primary statutory factors: prior offenses, alcohol concentration, and aggravating circumstances such as minor passengers or injury. While a first-offense OWI is typically treated as a civil forfeiture, repeat offenses and specific enhancements can elevate a case to a criminal misdemeanor or felony with significantly increased exposure. Wisconsin’s…
In most Wisconsin OWI cases, refusing a chemical test does not prevent law enforcement from obtaining a blood sample. Officers frequently seek a warrant and obtain blood evidence even after a refusal. Refusal also triggers a separate legal proceeding that can result in license revocation and additional penalties. For many drivers, refusing testing does not…
No, your license is not automatically suspended the moment you are arrested for OWI in Wisconsin. In most cases, a 30-day temporary driving period begins on the date of arrest or notice, and a suspension takes effect later unless a hearing is requested within the required 10-day window. The exact timing depends on whether chemical…
After an OWI arrest in Wisconsin, a driver typically faces two parallel legal processes: a criminal (or civil forfeiture) court case and an administrative action affecting driving privileges. The court process begins with an initial appearance where release conditions may be set, while the administrative process can trigger an automatic license suspension with strict deadlines…
Criminal cases in Wisconsin can take anywhere from a few weeks to more than a year to resolve, depending on the type of charge, whether the case is a misdemeanor or felony, and how the case proceeds through the court system. Cases that resolve early may conclude quickly, while felony cases involving motions, hearings, or…
In Wisconsin, a preliminary hearing is a court proceeding in felony cases where the State must show probable cause that a felony was committed and that the defendant likely committed it. The hearing typically occurs shortly after the initial appearance and determines whether the case may proceed to trial. Although the burden of proof is…
In Wisconsin criminal cases, bail and bond are conditions of release set by the court to ensure a defendant’s appearance, protect the community, and prevent witness intimidation. Bail may only be imposed if the court makes specific findings under Wisconsin law, and any bail amount must be reasonable and not excessive. Whether bail is set…
In Wisconsin, an initial appearance is the first court hearing after an arrest, where the judge formally advises the defendant of the charges, addresses bail or bond conditions, and determines representation by counsel. It typically occurs within 48 hours of arrest and sets the procedural foundation for the rest of the criminal case. Although no…