Krische & Moertel LLCEau Claire Criminal Defense Lawyers | OWI & Drug Crimes Attorneys2026-08-28T13:04:01Zhttps://www.eauclaireattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1500729/2023/04/cropped-favicon-1-32x32.jpgby Krische & Moertel LLC<![CDATA[Wisconsin marijuana charge: Record, college and aid at risk]]>https://www.eauclaireattorney.com/?p=479692026-08-28T13:04:01Z2026-08-28T13:04:01ZWhat consequences can a student face while the case is pending?
A marijuana charge does not establish guilt. A student is guilty only after a conviction. While the criminal case is pending, a college or university may also begin its own disciplinary process. This may involve deadlines, hearings or requests for information. Early statements can affect both proceedings, so the defense strategy should address the criminal and academic issues together. Relevant evidence should also be preserved, including:
Where the marijuana was found
Who had access to the area
How police found or seized it
Whether the search was lawful
These facts may help challenge the possession allegation or the evidence used to support it.
How can a Wisconsin marijuana case affect life after college?
A Wisconsin marijuana case can affect life long after college. A conviction may appear on background checks and limit some jobs or professional opportunities. The case outcome also matters because a misdemeanor, felony, dismissal or other resolution can have different effects.
Key concerns include:
Background checks: Employers may see a criminal conviction during the hiring process.
Career options: Some jobs and professional fields may limit opportunities after a conviction.
Record clearing: A conviction may remain on a person's record unless the case qualifies for expungement or other relief under Wisconsin law.
Because the criminal case and the school disciplinary process run on separate tracks, understanding both timelines and how each proceeding's outcome can affect the other is one of the most important steps a student can take early in the process.
Next steps after a marijuana possession charge
A marijuana charge in Wisconsin can trigger consequences in multiple directions at once, including a criminal case, a school disciplinary process and a record that follows a student long after graduation. Because both proceedings can move quickly and independently, early action matters. A Wisconsin criminal defense attorney can review how the evidence was obtained, identify weaknesses in the case and help weigh resolution options that minimize lasting damage to a student's record and future plans.]]>On Behalf of Krische & Moertel LLC<![CDATA[Can a first OWI offense lead to license suspension?]]>https://www.eauclaireattorney.com/?p=479682026-08-14T17:35:32Z2026-08-14T17:35:32ZIf you have been arrested for operating while intoxicated (OWI) for the first time, one of your biggest concerns may be what will happen to your driver’s license. Losing the ability to drive can affect almost every aspect of your daily life, such as commuting to work and transporting your family.
A first OWI offense can indeed result in the loss of your driving privilege. However, the consequences can depend on a variety of factors. Here is what you should know if you have been arrested for an OWI.
The consequences of a first OWI
A first OWI offense is typically treated as a civil offense rather than a criminal offense, assuming no aggravating circumstances elevate the charge. Still, a first OWI shouldn’t be taken lightly.Potential consequences can include:
A fine and court costs
Participation in an alcohol education or treatment program
Driver’s license suspension
Installation of an ignition interlock device
One factor that could result in the suspension of your driver’s license is refusing to provide a sample for chemical testing. Under Wisconsin’simplied consent law, driving on public roads means you automatically agree to a breath, blood or urine test if you are arrested for an OWI.Refusing to take a chemical test can lead to the suspension or revocation of your license even if the OWI charge itself is later reduced or dismissed. But taking a chemical test doesn’t mean that your license is safe. If the test’s results show a blood alcohol concentration (BAC) of more than 0.08% or a detectable amount of restricted controlled substances, your license can be suspended for six months. The BAC limit is even lower for someone operating a commercial vehicle or who is under the age of 21.In some circumstances, you may be able to challenge the administrative suspension of your license through an administrative review hearing. This hearing is separate from the actual OWI case. It’s essential to know which type of action you’re facing and the applicable deadlines.A first OWI can have serious consequences for your driving privileges. The outcome depends on the circumstances of your arrest along with the administrative and legal processes that follow. It’s essential that you speak with a legal representative who can review your situation, explain the potential consequences and help you through the process.]]>On Behalf of Krische & Moertel LLC<![CDATA[Should students open the door to the police?]]>https://www.eauclaireattorney.com/?p=479672026-08-05T19:35:34Z2026-08-05T19:35:34ZParents usually give their kids snippets of advice before they head off to college. One they probably don’t think to tell them is whether or not to open the door if the police come knocking.It’s a dilemma that even the most law-abiding students could face because a neighbor was complaining about an overly loud party or because a roommate is suspected of drug dealing.
Turning them away is generally within your rights
You generally do not need to open the door to police unless they have a valid warrant that gives them permission to enter the property. If they turn up without one in the hope that you will let them in to search for drugs they think you or a housemate has, you are entitled to keep the door closed to them. It is usually best to do so. Tell them they are welcome to come back with a warrant. The police are generally only allowed to enter without your permission and without a warrant if there are exigent circumstances. One example is if they are entering to prevent someone suffering imminent harm, or to prevent the imminent destruction of evidence. Of course, they cannot always be sure what is happening behind a closed door. If they do enter on this basis, you may later be able to challenge in court whether the circumstances qualified as exigent or not. In general, it is always advisable to keep the police out of your residence. Learning more about your child’s defense options will be essential if they face criminal charges related to drug possession or dealing, as the situation has the potential to derail their education, as well as other aspects of their life.]]>On Behalf of Krische & Moertel LLC<![CDATA[Can you bring marijuana into Wisconsin from Michigan?]]>https://www.eauclaireattorney.com/?p=479662026-07-21T19:16:17Z2026-07-21T19:16:17ZWisconsin has not yet legalized recreational marijuana. However, nearby Michigan already has. If you live in northern Wisconsin, for example, you could drive over the border into the Upper Peninsula and find plenty of fully legal dispensaries where those who are at least 21 years old can buy marijuana products.As a Wisconsin resident, then, you may find yourself tempted to legally purchase these products in Michigan and then simply drive back home to Wisconsin. Some people even think this makes it legal, just because the initial purchase was legal. But there are actually some significant problems that could lead to arrest and drug charges.
You are still violating Wisconsin laws
To begin with, even though you legally purchased those products in Michigan, you are still in violation of Wisconsin law if you possess them while in the state.Imagine that police officers pull your car over and find marijuana products in the center console. You may have a receipt showing that you bought them legally in Michigan, but that does not change the fact that the officers could arrest you for marijuana possession.
You are also violating federal law
Moreover, marijuana is still illegal at the federal level. This matters because crossing state lines means the federal government has jurisdiction. Driving from Michigan into Wisconsin with marijuana on your person is then a federal crime, even if it would have been legal for you to use those products had you remained in Michigan the entire time.People sometimes make mistakes regarding recreational marijuana, and it can lead to serious charges. If you find yourself in this position, it is imperative that you know about all of your legal defense options.
]]>On Behalf of Krische & Moertel LLC<![CDATA[What happens to your car insurance after an OWI?]]>https://www.eauclaireattorney.com/?p=479652026-07-15T09:49:02Z2026-07-16T05:01:22ZWhat is an SR-22 certificate?
An SR-22 is a certificate your insurer submits to the Wisconsin Division of Motor Vehicles (DMV) to prove that you carry the required liability coverage. You might need an SR-22 to restore your driving privileges after a revocation. The DMV also requires one when you apply for an occupational license after a suspension or revocation.
To obtain an SR-22, contact an insurer licensed to do business in Wisconsin. The insurer sends the filing to the DMV.
You do not need an SR-22 to reinstate your regular driver's license after a standard first-offense OWI revocation. However, you must file an SR-22 to obtain an occupational license during your revocation period.
If you are a first offender, you only need to maintain the certificate while your temporary occupational license is active. If you’re a repeat offender, you need to keep this certificate on file for three years from your reinstatement eligibility date.
A lapsed or canceled policy may lead to another suspension. You need to pay premiums on time and confirm that the filing stays active.
How much might your rates increase?
An OWI conviction often causes a sharp rate increase. Depending on your insurer and overall risk profile, car insurance premiums may rise by an average of 37% to 65% following a first-time OWI conviction. Severe or repeat offenses can trigger significantly higher risk ratings.
The exact change depends on how each company rates risk, and quotes may vary widely. Insurers typically maintain these higher rates for three to five years. Comparing several carriers may help you find a lower rate for similar coverage.
Planning for the added cost
After an OWI, you may need to review your DMV requirements, track all filing dates and avoid any break in coverage. Shopping among several insurers might reduce the financial strain, even when every quote is higher than before. A clear grasp of OWI rules helps you prepare for license limits, reinstatement steps and higher insurance costs.]]>On Behalf of Krische & Moertel LLC<![CDATA[What should parents know if their minor child is charged with a crime?]]>https://www.eauclaireattorney.com/?p=479642026-07-14T12:52:08Z2026-07-14T12:52:08Zjuvenile justice system is different than the adult criminal justice system. Because of this, parents should take the time to understand what moving through the case with their child will involve, as some of the distinctions between the juvenile and adults systems can be surprising.
Purpose of the juvenile justice system
Juvenile courts focus on rehabilitation and accountability. They also work to ensure that the public will remain safe. These courts use a variety of options, such as counseling, diversion, restitution, probation and community service to pursue these goals. It’s possible that the court will order a juvenile to be placed into juvenile detention or that a child will be otherwise removed from their home.
The exact requirements and services set by the juvenile court depend on several factors. The court will consider the child’s age and charge. It may also consider the family situation, school record and prior history with the juvenile court.
Missteps can be catastrophic
Parents whose children are facing criminal charges shouldn’t assume that charges will go away because the minor is young. Instead, the parents should ensure the juvenile’s rights are being respected as they navigate the unique intricacies of the juvenile justice system.
A juvenile charge can be stressful for a minor, as well as their parents. It’s critical that parents work with a skilled criminal defense attorney given all that is at stake.]]>On Behalf of Krische & Moertel LLC<![CDATA[Are you at risk of an OWI during the Fourth of July holiday?]]>https://www.eauclaireattorney.com/?p=479632026-06-28T03:03:27Z2026-06-28T03:03:27ZUnlike some other states, there are no sobriety checkpoints allowed during the upcoming Fourth of July celebrations (or at other times). The interpretation of the state of Wisconsin’s constitution is more liberal than the federal Fourth Amendment and requires police to have “reasonable suspicion” of violations or crimes occurring before initiating traffic stops.Here’s why there are increased arrests for operating while intoxicated (OWI) during this time:
Increased patrols are linked to extra funding
In order to make the roads and highways safer during times of increased traffic, the federal government frequently issues grants to state and local law enforcement agencies. The uptick in funding allows extra patrols in areas where operating while intoxicated is suspected.Police are aware that there tends to be a “drinking culture” surrounding the Fourth of July. In fact, it is considered one of the most dangerous holidays in the year for drunk-driving accidents. As such, the authorities are scrutinizing drivers very closely. Even small traffic mistakes can be seen as signs that a driver is impaired and justify a stop and investigation.
Your defense begins with the traffic stop
The best way to avoid an OWI is to never drive while impaired. But if you wind up stopped on suspicion of OWI, be mindful that your actions and words are being recorded as evidence for any future court proceedings. It’s always in your best interest to be polite and cooperative, without answering questions about where you have been or what you have been doing (or drinking). Refusing to answer police questioning is legal, whereas lying to police is a crime. Exert the right to be questioned only in the presence of your defense counsel.If you are charged with OWI, experienced legal guidance can help you mount a solid defense.]]>On Behalf of Krische & Moertel LLC<![CDATA[Can you lose your job over a marijuana arrest?]]>https://www.eauclaireattorney.com/?p=479612026-06-14T18:30:56Z2026-06-14T18:30:56ZArrest vs. conviction
Wisconsin is considered an “at-will” employment state, meaning an employer can terminate an employee for any reason, provided the reason is not prohibited by law (such as protected class status or retaliation). In some situations, an employer may decide to terminate an employee after learning of a marijuana arrest, especially if there are concerns about workplace safety, company policies or the employee’s ability to perform their job duties.
Wisconsin has protections for arrest records. The law generally prohibits employers from discriminating against applicants or employees just because they have been arrested.
There are exceptions based on the circumstances surrounding the arrest and on whether they are related to the individual’s job responsibilities. For example, if the arrest is for conduct that raises concerns about the employee’s compliance with workplace policies, the employer may have grounds to take action.
However, an arrest is not the same as a conviction. Being arrested does not mean you have been found guilty of a crime. A conviction, on the other hand, can create serious employment consequences, and employers may consider that when making employment decisions, if the offense can affect their job duties.
Individuals with professional licenses, such as health care workers, educators and commercial drivers, may face additional challenges after an arrest or conviction. They may be required to disclose such information to the licensing board, which may conduct an independent review to determine if disciplinary action is appropriate.
If you have been arrested for a marijuana-related offense, it’s crucial to act quickly. Contact a legal representative who can evaluate the charges, identify potential defenses and work toward minimizing the impact on your employment and professional career.]]>On Behalf of Krische & Moertel LLC<![CDATA[Could a criminal charge disrupt your study abroad plans?]]>https://www.eauclaireattorney.com/?p=479602026-06-01T15:04:54Z2026-06-01T15:04:54ZSchool policies may play a role
Your college or university may look at more than your grades when deciding whether you can participate in a study abroad program. Student conduct records and pending disciplinary matters may also become part of the review process. Schools may review factors such as:
A criminal case and a university disciplinary proceeding are separate matters. Even if your criminal case has not reached a final outcome, your school may still decide whether you meet the requirements for a study abroad program.
International travel requirements can vary
The country you plan to visit may also have rules that affect your ability to travel. Some countries ask applicants about criminal history during the visa process. Others focus on convictions rather than arrests or pending charges.
The difference between an arrest, a charge and a conviction can become important because countries do not all use the same standards. In addition, many study abroad programs work with outside organizations that may apply their own eligibility requirements.
Beyond the immediate consequences
Your eligibility for a study abroad program may depend on more than the outcome of a criminal case. School policies, program requirements and international travel rules can all play a role in what opportunities remain available.
When you face a criminal charge, your attention may focus on court dates, possible penalties or school discipline. Study abroad programs, internships and certain career opportunities may also involve conduct reviews or eligibility requirements. Because of this, a criminal charge may affect plans that extend beyond your current semester. The effect can vary based on the facts of your case and the policies of the institutions involved.]]>On Behalf of Krische & Moertel LLC<![CDATA[Aggravating factors that can increase OWI penalties in Wisconsin]]>https://www.eauclaireattorney.com/?p=479592026-06-01T02:47:15Z2026-06-01T02:47:15ZBAC levels far exceeding the legal limit
If your blood alcohol concentration (BAC) is considerably higher than the legal limit (0.08%), courts treat that as an aggravating circumstance, and it can enhance the ensuing penalties. For instance, a BAC of between 0.17% to 0.199% doubles the applicable fines, while a reading of 0.2% and 0.249% triples them.
Having a child passenger in the car
Your sentence may be enhanced if you had a minor passenger (under 16 years old) at the time due to the risk posed to their safety. Courts and prosecutors respond to child endangerment allegations very aggressively. Even a first-time OWI offense becomes dramatically more serious the moment a minor was present.
Prior OWI convictions
Wisconsin's OWI penalty structure escalates sharply with each conviction, regardless of how long ago it was. A second or third OWI conviction brings mandatory minimum jail time among other penalties. The fourth offense and any that follow may trigger felony-level charges, with significantly harsher penalties.
Legal guidance is essential
An OWI charge is serious on its own. Add in aggravating factors, and the stakes quickly increase. It’s not the kind of situation to navigate alone, and the earlier you seek legal support, the better positioned you are to respond effectively. An experienced legal professional can assess the specific factors in your case, challenge evidence where grounds exist and work to protect your rights at every stage of the process.]]>