Recently, a bill signed by Governor Scott Walker, took effect in Wisconsin. Under the bill, individuals stopped for first offense drunk driving will no longer be able to refuse having their blood drawn to determine blood alcohol content without further penalty. Police are now able to ask judges for search warrants in order to obtain a blood sample from the first offense drunk drivers. Previously law enforcement officials could only obtain a search warrant on second or consequent offenses. The bill has sparked much debate between defense attorneys and lawmakers. Defense attorneys argue that search warrants are meant to be used for crimes and require probable cause. First offense OWIs are not considered a crime. Many attorneys are arguing that this opens the door for police officers to obtain warrants easier without probable cause. Lawmakers on the other hand are arguing that this is the closing of a “loophole” in the previous OWI protocol. If you find yourself facing OWI charges, feel free to call Attorney Tara Adolph at (920) 634-2212 to schedule an initial consultation.
