Cleghorn Jones Trial Attorneys Cleghorn Jones Trial Attorneys 2026-09-17T10:43:08Z https://www.cleghornjones.com/feed/atom/ WordPress /wp-content/uploads/sites/1104732/2025/03/cropped-site-icon-cj-32x32.jpg On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[Is a first offense OWI really that serious? 3 things to know]]> https://www.cleghornjones.com/?p=48628 2026-09-17T10:43:08Z 2026-09-17T10:43:08Z A first OWI charge can feel like a single bad night that should soon be behind someone. Wisconsin law, however, treats a first offense as more than a traffic matter. Even without jail time, a conviction can affect driving privileges, finances and daily routines. Understanding what the charge may involve can help put the situation in perspective. Here are three things to know about a first offense OWI:

1. The first offense still carries consequences

Wisconsin sets a $150 to $300 forfeiture for a first offense, along with an OWI surcharge. A conviction can also take away regular driving privileges for six to nine months. Losing the ability to drive can create practical problems, particularly for people who rely on a vehicle for work, school or family responsibilities. Depending on the circumstances, an occupational license may provide limited driving privileges for certain necessary trips.

2. Certain circumstances can change the outcome

Not every case follows the same path. Factors such as the driver's alcohol concentration or a refusal to provide a requested chemical sample can bring additional consequences. For example, Wisconsin may require an ignition interlock device when a driver's blood alcohol concentration reaches 0.15 or higher. The device can restrict when and how the person drives after the conviction. Refusing a chemical test can also result in a separate driver's license revocation under Wisconsin's implied consent law. That consequence operates separately from the underlying OWI case.

3. Some requirements continue after the case

The consequences do not necessarily end when the court proceedings conclude. Wisconsin requires people with OWI convictions to complete an alcohol or drug assessment and follow a Driver Safety Plan. Those requirements can affect a person's schedule and responsibilities well beyond the initial traffic stop. Completing them may also play a role in restoring driving privileges.

A first offense can have lasting effects

A first offense may not carry the same consequences as a repeat violation, but the charge still deserves careful attention. The circumstances surrounding the traffic stop, chemical testing and alleged offense can all affect what happens next. Taking the situation seriously does not mean assuming the worst. It means understanding the potential consequences and addressing the case based on its specific facts. Anyone facing an OWI charge in Wisconsin should consider speaking with an attorney who can review the circumstances and explain the legal options available.]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[What is Wisconsin’s implied consent law?]]> https://www.cleghornjones.com/?p=48624 2026-08-14T09:19:36Z 2026-08-17T08:54:34Z How implied consent works in Wisconsin When you drive on Wisconsin's public roads, the law deems you to have given consent to chemical testing under certain circumstances. For an ordinary operating while intoxicated (OWI) investigation, an officer generally must have probable cause to believe you were driving under the influence before requesting a chemical test. The test may involve a breath, blood or urine sample to check for alcohol or controlled substances. Officers must provide information about the testing request and the consequences of refusal. They generally use Wisconsin's standardized "Informing the Accused" form to explain these consequences before asking whether you will submit to testing. The process gives you a choice: you can submit to the requested test or refuse it. Refusal, however, can lead to a separate revocation of your driving privileges. The test results or the fact that you refused may also be used in court.

Consequences of refusing chemical testing

Refusing a chemical test can trigger a license revocation separate from any OWI charges you may face. A first refusal generally results in a one-year revocation. Repeat refusals can lead to longer revocation periods, depending on your driving record and other circumstances. You can face these consequences even if an OWI charge does not result in a conviction. Wisconsin also allows the fact that you refused testing to be used as evidence in court. Refusal can carry other consequences as well. For example, Wisconsin requires ignition interlock devices for drivers who refuse certain breath or blood tests at a traffic stop.

When testing may be required

The rules depend on the circumstances surrounding the stop or crash. In a typical OWI case, an officer may request chemical testing after arresting a driver for an applicable OWI offense. The officer generally must have probable cause to believe the driver committed the offense. Wisconsin also has a separate provision for certain serious crashes. If a vehicle is involved in an accident that causes death or great bodily harm, an officer may request a chemical test only if the officer has reason to believe the operator violated a qualifying state or local traffic law and the officer detects the presence of alcohol or drugs. These rules can also apply differently when a driver is unconscious or otherwise unable to withdraw consent. In those circumstances, Wisconsin law provides different procedures for obtaining chemical samples.

Your rights during the testing process

Wisconsin's implied consent law does not give you a general right to consult with an attorney before deciding whether to submit to a chemical test. Wisconsin courts have held that the right to counsel does not apply to this stage of the implied consent process. You can refuse a requested test, but doing so can result in license revocation and other consequences. If you believe an officer improperly treated your response as a refusal, Wisconsin provides a process for challenging the revocation through a refusal hearing.

Understanding your obligations

Wisconsin's implied consent law creates specific obligations for drivers who face a lawful request for chemical testing. Driving on Wisconsin's public roads means the law deems you to have given consent to testing under certain circumstances, but you can refuse a requested test and face the consequences. A refusal can lead to a separate license revocation and may affect an OWI case. Knowing how the testing process works and what can happen after a refusal can help you understand what is at stake when an officer requests a chemical test.]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[Can you still drive after an OWI in Wisconsin?]]> https://www.cleghornjones.com/?p=48621 2026-07-28T13:49:03Z 2026-07-28T13:49:03Z Who may qualify after an OWI? An occupational license lets you drive at set times, in listed areas and for approved reasons. To qualify, you must live in Wisconsin and meet state rules. Your right to apply depends on why you lost your license, your driving record and any wait period. After a first alcohol-related OWI conviction, you can generally apply right away. A second or later alcohol conviction usually requires a 45-day wait. Drug-related OWI cases and test refusals follow different rules. The Wisconsin Department of Transportation (WisDOT) will deny your request if you never had a driver’s license or the state canceled it. You also will not qualify if you have two or more suspensions or revocations from separate events within one year. After a second or later OWI conviction, you must complete an Intoxicated Driver Program assessment. You also need an SR-22 insurance form on file with WisDOT. If a court orders an ignition interlock device, you must follow that order before you drive.

Where and when may you drive?

Your license states when, where and why you may drive. It often covers trips to work, school, medical visits or worship. It might also cover basic home needs, such as buying food or taking a child to day care. Wisconsin limits you to 12 driving hours per day and 60 hours per week. You may split those hours into separate time blocks. Your license will also list the counties and states where you plan to drive. Another state might not accept a Wisconsin occupational license. Consider checking that state’s rules before you travel. In addition, you cannot use the license for leisure trips or commercial driving.

Understand your driving limits

A restricted license may ease some of the strain that follows an OWI-related license loss. Understanding the rules and preparing a realistic schedule could help you seek lawful driving hours that fit your work, school and household needs.]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[Wisconsin’s alternatives to jail for nonviolent offenses]]> https://www.cleghornjones.com/?p=46744 2026-01-23T09:24:52Z 2024-10-11T17:48:45Z Imprisonment is not the only option on the table for those facing drug charges in Wisconsin. The state offers alternatives to jail time for non-violent offenders, especially those dealing with substance abuse. These programs focus on treating the causes of criminal behavior instead of just dealing with the results. The goal is to help offenders break free from addiction and avoid returning to crime. By offering treatment and support instead of only punishment, Wisconsin hopes to reduce both prison populations and the costs that come with them.

Treatment Alternatives and Diversion (TAD) programs

One of Wisconsin’s main efforts is the Treatment Alternatives and Diversion (TAD) program. This program allows people to get substance abuse treatment, case management, and other services instead of going to jail or prison.  These programs are available in 57 counties and 3 tribes in Wisconsin. The funding for TAD programs increased to $9.7 million for both 2023 and 2024. TAD programs include different options like pre-charge diversion, post-charge diversion, and drug courts. 

Success and benefits of alternative programs

These alternative programs have shown positive results. For example, Sawyer County once ranked as one of Wisconsin’s highest for jail populations. However, it reduced its jail numbers by almost 40% since 2017 by using alternative programs.  These programs not only help individuals stay out of jail but also benefit the entire community. Such initiatives save taxpayers money, reduce overcrowded prisons, and allow offenders to stay connected to their families and communities.  Wisconsin’s focus on rehabilitation and treatment shows a commitment to a more compassionate criminal justice system. If someone successfully completes a TAD program, they may have their charges reduced or even dismissed, helping them rebuild their lives without a criminal record.]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[How to handle media attention after an arrest]]> https://www.cleghornjones.com/?p=46743 2026-01-23T09:26:23Z 2024-09-13T02:12:04Z Dealing with the media after an arrest can add stress to an already difficult situation. Whether the charges involve you or someone else in your family, it’s normal to feel concerned about how this will impact your reputation.  Rash reactions could quickly turn a private matter into public news or turn the community against you. Staying calm and making thoughtful decisions during this time can keep challenging circumstances from becoming worse. 

Be careful when speaking to the media or news outlets

First, avoid speaking to the media without thinking through the consequences. News reporters may seem friendly. They might even express what appears to be a genuine interest in telling your side of the story. However, it’s all too easy to say something that others may take out of context.  Usually, the wise approach is to politely decline interviews. If you feel you must make a statement, keep it brief and focus on protecting your privacy.

Watch your social media activity

Social networks are another area of major concern. As the name states, it’s social media, so the same precautions apply to interacting with other people on these platforms. It’s tempting to vent your frustration online, but remember that anything you post is something that someone else can share publicly. Even deleting a post doesn’t guarantee someone won’t be able to see or share it. Try to stay offline, or at least limit your social media use. You might achieve this by setting your accounts to private settings. It’s also a good idea to speak with your family members about how to handle the situation. All should stay on the same page and present a united front. Make sure younger and older ones understand the importance of not sharing details or opinions publicly.  In the end, how you deal with media attention can affect both your personal life and your family’s future when you’re defending yourself or family against criminal charges. By staying calm and being mindful of what you share, you can limit the impact of unwanted media coverage and focus on getting through the case with as little damage as possible.]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[Understanding the court process for drug offenses]]> https://www.cleghornjones.com/?p=46742 2026-01-23T06:06:16Z 2024-08-14T21:35:02Z Understanding the court process for drug offenses can be complex. Legal terminology and court procedures might seem overwhelming, but breaking them down can make the process more accessible.

Initial steps in drug charge cases

When someone faces drug charges, the process begins with an arrest. Following this, an arraignment takes place where the defendant is formally charged and enters a plea. In Wisconsin, this is typically done within 48 hours of arrest. During this hearing, the judge will determine bail and set future court dates.

Court procedures and potential outcomes

After the arraignment, the case progresses to pre-trial motions, where the defense and prosecution might challenge evidence or seek to exclude certain information. A crucial part of this phase is discovery, where both sides exchange evidence. This step is essential for ensuring a fair trial. If the case goes to trial, a jury or judge will hear the evidence and render a verdict. If the verdict is not favorable, the defendant can appeal the decision. Sentencing, if the defendant is convicted, will occur after the trial and can vary based on the severity of the drug offenses.

Navigating the process: key considerations

Throughout the court process, it’s important for defendants to understand their rights and the legal implications of their decisions. Each phase of the process, from arraignment to sentencing, involves critical decisions that can impact the outcome of the case.

Understanding the court process

Decoding legal jargon and understanding the court process for drug offenses can simplify a daunting experience. By familiarizing yourself with these key stages, you can navigate the legal system with greater confidence.]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[Differing charges for heroin, fentanyl, and cocaine]]> https://www.cleghornjones.com/?p=46741 2026-01-23T10:08:00Z 2024-07-16T20:44:11Z Drug charges in Wisconsin carry serious consequences, but the specific substance involved can significantly impact the legal outcomes. Understanding how heroin, fentanyl, and cocaine charges differ can help you navigate the legal landscape more effectively.

Heroin charges

Heroin possession in Wisconsin has very strict penalties, and even a small amount can lead to felony charges. If you get caught, you could face up to 3.5 years in prison and fines of up to $10,000. If you have 3 grams or more, it suggests intent to distribute, and these charges can lead to up to 40 years in prison and fines reaching $100,000.

Fentanyl charges

Possession of any amount of fentanyl can result in up to 3.5 years in prison and fines up to $10,000, similar to heroin. However, distribution charges are much more stringent, and possessing 10 grams or more of fentanyl with intent to distribute can lead to up to 40 years in prison and fines up to $100,000. Even smaller amounts, such as 3 to 10 grams, can result in up to 25 years in prison and fines up to $50,000.

Cocaine charges

Simple possession of any amount of cocaine can result in up to one year in jail and a fine of up to $5,000 for a first offense, which is a felony. Possessing between 1 to 5 grams with intent to distribute can result in up to 10 years in prison and fines up to $25,000, and possessing more than 40 grams can lead to up to 40 years in prison and fines up to $100,000. 

Final thoughts on drug charges

Each drug charge comes with unique legal implications because each substance carries unique penalties, reflecting their potential harm and societal impact. The distinctions in charges highlight the state's efforts to combat drug abuse and distribution effectively. ]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[How to support your child through drug addiction]]> https://www.cleghornjones.com/?p=46740 2026-01-23T06:06:28Z 2024-06-27T21:22:10Z Supporting a child through drug addiction following a sports injury is challenging. However, parents can access various resources in Wisconsin to help their children overcome addiction. It is important to understand some steps to effectively support the child during this difficult time.

Recognize the signs

Look for changes in behavior, such as withdrawal from social activities, decline in academic performance, and mood swings. Parents can also notice signs like weight loss and poor hygiene.

Open communication

Create a safe and non-judgmental environment for your child to express their feelings. Let your child know that you are there to support them. Listen actively and empathetically. Allow them to share their struggles and fears.

Seek professional help

Consult with healthcare professionals who specialize in addiction and adolescent care. In Wisconsin, numerous resources are available, including addiction counselors, therapists, and rehabilitation centers. 

Develop a treatment plan

Work with healthcare providers to develop a comprehensive treatment plan. It may include individual therapy, family counseling, support groups, and medical treatment. 

Encourage healthy activities

Encourage your child to engage in healthy, alternative activities that can help them cope with stress and pain. Physical activities, such as swimming or yoga, can be beneficial. Additionally, fostering hobbies like art, music, or reading can provide positive outlets for their emotions.

Monitor progress and stay involved

Regularly monitor your child's progress. Attend therapy sessions, participate in support groups, and maintain open communication with healthcare providers. Celebrate small victories and remain patient through setbacks. Supporting a child through drug addiction following a sports injury requires compassion, patience, and proactive involvement. By recognizing the signs, you can help your child navigate the path to recovery.]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[How does a Wisconsin OWI affect auto insurance?]]> https://www.cleghornjones.com/?p=46739 2026-01-23T06:06:36Z 2024-05-20T18:36:42Z Higher premiums Following an OWI, people often experience a notable increase in auto insurance premiums. Insurance companies view OWI convictions as red flags for risky behavior on the road. As a result, they adjust premiums to mitigate potential financial losses. These premium hikes can persist for several years, depending on the severity of the offense and the individual's driving history. For some, the increased cost of insurance may become a financial burden. It can impact the ability to maintain coverage or afford other necessities.

SR-22 requirements

Those convicted of OWI may need SR-22 certificates as proof of financial responsibility. An SR-22 is a form that proves a driver has the minimum necessary auto insurance coverage. Courts often mandate this requirement as part of the OWI sentencing process. Failing to maintain an SR-22 can lead to further legal consequences. For example, it may lead to license suspension or revocation. Insurance companies may also charge higher premiums for policies that include SR-22 filings.

Long-term consequences

The impact of an OWI on auto insurance can extend beyond immediate financial implications. A conviction remains on a driving record for several years, influencing insurance rates during that time. Even after completing any mandated rehabilitation programs or probationary periods, individuals may still face elevated insurance premiums. This long-term effect serves as a reminder of the consequences of driving under the influence. It also underscores the importance of making responsible choices behind the wheel. Insure.com reports that the average Wisconsin driver with a first-time OWI sees insurance rates rise by 46%, or an average of $527 per year. Many Wisconsin residents with drunk driving convictions find that they face elevated insurance rates for about five years after a conviction.]]> On Behalf of Cleghorn Jones Trial Attorneys <![CDATA[Recognizing signs of prescription drug abuse in your teen]]> https://www.cleghornjones.com/?p=46737 2026-01-23T06:06:41Z 2024-04-22T22:50:08Z Behavioral changes A key indicator of prescription drug abuse in teenagers is changes in behavior. Look out for sudden mood swings, irritability, agitation or hostility. Teens may also exhibit secretive behavior, withdrawing from family and friends. They may also begin avoiding social activities they once enjoyed.

Physical signs

Physical signs of prescription drug abuse can also be apparent. Keep an eye out for changes in appearance, such as bloodshot eyes, dilated pupils or sudden weight loss or gain. Teens may also experience frequent headaches, nausea or other unexplained health issues.

Academic and social problems

Prescription drug abuse can impact a teen's academic performance and social life. Watch for declining grades, skipped classes or sudden disinterest in school activities. Teens may also experience changes in their social circle, associating with new friends who exhibit risky behaviors or have access to prescription drugs.

Missing medications

If prescription medications go missing from the household, it could be a sign that a teenager is abusing them. Keep track of prescription medications and monitor usage closely. If medications disappear faster than they should, it may indicate a problem. Open communication and education about the risks of substance abuse are necessary in supporting teens struggling with prescription drug abuse. With early intervention and support, teens can overcome substance abuse and lead healthy, fulfilling lives.]]>