Krische & Moertel LLC Eau Claire Criminal Defense Lawyers | OWI & Drug Crimes Attorneys 2026-10-20T21:12:34Z https://www.eauclaireattorney.com/feed/atom/ WordPress /wp-content/uploads/sites/1500729/2023/04/cropped-favicon-1-32x32.jpg by Krische & Moertel LLC <![CDATA[Caught with marijuana at a Wisconsin border? Know the risks ]]> https://www.eauclaireattorney.com/?p=48222 2026-10-20T21:12:34Z 2026-10-20T21:12:34Z What criminal charges apply at the border Wisconsin does not recognize out-of-state medical marijuana cards. Anyone stopped near the state line faces the same charges that apply throughout the state. Depending on the quantity and packaging found in the vehicle, law enforcement may charge the individual with simple possession or possession with intent to deliver. Courts retain sentencing discretion within statutory ranges and penalties vary based on the circumstances of each case.

What penalties and consequences may apply

Wisconsin law sets a tiered penalty structure. Common outcomes include the following:
  • First-time possession: Classified as a misdemeanor under Wis. Stat. § 961.41(3g)(e), applicable to possession of any quantity of marijuana. Maximum penalties include 6 months of incarceration and a fine up to $1,000.
  • Repeat possession: Elevated to a Class I felony under Wis. Stat. § 961.41(3g)(am) for any second or later possession conviction. This carries a maximum sentence of 3.5 years imprisonment and fines reaching $10,000.
  • Possession with intent to deliver: Charged as a Class H through Class E felony under Wis. Stat. § 961.41(1m), depending on circumstances. Penalties can reach up to 15 years in prison along with fines as high as $50,000.
Each outcome carries additional consequences beyond the sentence imposed. Under Wis. Stat. § 961.50, Wisconsin courts have the authority to suspend driver privileges for Chapter 961 drug convictions and § 961.50(2)(a) governs immediate eligibility for an occupational license upon a first conviction suspension. A conviction also leaves a permanent criminal record affecting employment, housing and professional licensing.

How to protect legal rights

Anyone stopped near the Wisconsin state line has the right to remain silent and may decline consent to a vehicle search. Officers with probable cause may still conduct a warrantless search regardless of that refusal. Contacting a Wisconsin criminal defense attorney immediately after an arrest gives the individual the best opportunity to challenge the stop, dispute the search and evaluate realistic defense options.]]> On Behalf of Krische & Moertel LLC <![CDATA[Can police use your bar tab as evidence in an OWI case?]]> https://www.eauclaireattorney.com/?p=48218 2026-09-29T04:59:58Z 2026-09-29T04:59:58Z You close out your tab at a downtown Eau Claire bar, start the drive home and see flashing lights in your mirror. When you later learn that the prosecution has your receipt, that slip of paper may feel like proof of everything, though it usually tells only part of the story. Here is what a bar tab can and cannot show in a Wisconsin operating while intoxicated (OWI) case.

A bar tab can show what you ordered

A receipt or credit card statement may list each drink, its price and when you ordered it or closed the tab. Police may request these records from the bar, and prosecutors can often obtain them through a subpoena or search warrant. Still, a tab records purchases rather than consumption. It generally cannot show who drank each beverage, whether anyone finished every glass or the amount of alcohol you personally consumed. Six beers on a receipt do not prove that you drank all six.

Other evidence can add context to the tab

Because a receipt has clear limits, officers rarely rely on it alone. Wisconsin OWI cases often turn on the totality of the circumstances, meaning all the facts considered together rather than one detail. The broader evidence may include your driving, the smell of alcohol, slurred speech, what you told the officer and open containers in your vehicle. Field sobriety tests and breath or blood results also carry weight and are frequent points of dispute in OWI cases.

The timeline can affect what the tab proves

Receipt time stamps matter because the law focuses on your condition while driving, not while sitting at the bar. Two drinks bought at 9 p.m. tell a different story than two bought at 12:45 a.m. right before you left. Your blood alcohol concentration (BAC) can keep rising after drinking stops as your body absorbs alcohol. As a result, the number recorded during testing may differ from your alcohol level earlier in the night. Under Wisconsin's three-hour testing rule, courts can generally treat a breath, blood or urine sample taken within three hours of driving as evidence of your alcohol level when you drove. A later sample may still come in, but typically only if an expert provides testimony that establishes its relevance.

Gaps in the evidence can affect the case

Real nights out rarely match a neat receipt. You might have opened a tab for friends, bought a round for the table or shared a pitcher. Some drinks may have sat untouched when you left, and the closing time may reflect when a server processed the transaction rather than when you consumed your last drink. These gaps do not automatically weaken a charge because every case depends on its own facts, but they can raise questions about the evidentiary weight a receipt should receive.

Reviewing the full timeline can clarify your options

A bar tab is one piece of evidence, and its meaning depends on everything around it. What you bought, who drank it, when you drove and when police tested you all shape how a court may view that receipt. If you face an OWI charge, write down your timeline of the night while details are fresh, including who joined you and what they ordered. An experienced defense attorney can then compare your account with the prosecution's evidence and explain your options.]]> On Behalf of Krische & Moertel LLC <![CDATA[Can legal CBD oil get you arrested in Wisconsin?]]> https://www.eauclaireattorney.com/?p=47973 2026-09-28T07:02:38Z 2026-09-28T07:02:38Z What makes CBD legal in Wisconsin? Wisconsin generally defines hemp as cannabis and its derivatives containing no more than 0.3% delta-9 THC by dry weight, or the maximum concentration allowed under federal law up to 1%, whichever is greater. Products that do not meet the applicable hemp definition may be treated as controlled substances under Wisconsin law, depending on the product and circumstances. A label alone does not prove that a product meets the legal requirements. Its actual contents also matter.

Why can CBD create legal questions?

Police officers may not be able to tell legal hemp from illegal marijuana by appearance alone. Wisconsin courts have recognized that hemp and CBD may explain why a product looks like marijuana. However, officers can consider all the facts when deciding whether probable cause exists. Mislabeling can also create problems. A product may contain more THC than the label states. Lab tests can help determine whether it meets the legal definition of hemp. If testing shows that a product does not qualify as legal hemp, Wisconsin's controlled-substance laws may apply.

How can you reduce legal problems?

Keep CBD products in their original packaging. Save receipts and lab reports that show the product's contents. Before buying CBD, ask the seller for current lab testing results. If police question you about a CBD product, avoid making claims about its contents that you cannot verify. You can also ask to speak with a criminal defense attorney about your rights.

What should you do if you are arrested?

Keep the product packaging, receipts and lab reports. These records may help show where you bought the product and what it contained. A criminal defense attorney can review the product, test results and circumstances of the police encounter to identify possible legal issues.]]> On Behalf of Krische & Moertel LLC <![CDATA[How Wisconsin’s absolute sobriety law affects under-21 drivers]]> https://www.eauclaireattorney.com/?p=47970 2026-09-20T11:25:38Z 2026-09-20T11:25:38Z What Wisconsin's absolute sobriety law requires Wisconsin requires drivers under the age of 21 to maintain absolute sobriety. Unlike the .08% blood alcohol concentration (BAC) standard for adult drivers, the under-21 rule does not require a specific BAC level. Any amount of alcohol in the driver's system can violate the rule. The .02% figure sometimes associated with Wisconsin's impaired-driving laws applies in other situations under state law. It is not the standard for every under-21 driver.

Can a designated driver still face a violation?

Being the designated driver does not create an exception to the absolute-sobriety rule. If you have alcohol in your system while driving, your intention to stay sober does not change the legal standard. That does not mean every food, drink or personal-care product with trace alcohol will lead to an OWI violation. Test results and legal consequences can depend on the circumstances and the testing method.

What under-21 designated drivers should know

If you are under 21, avoid alcohol entirely before driving. Be cautious with products that contain small amounts of alcohol, since they may still matter in a testing situation. If police stop you and accuse you of violating Wisconsin's alcohol-related driving laws, the details of the stop and the testing process may matter. Wisconsin has separate procedures for chemical testing and license consequences, so review the specific facts rather than assuming a single reading automatically proves the case.

What if you are accused of violating the law?

Keep the citation and any paperwork given to you by law enforcement. Write down what happened while the details are fresh, including when you last consumed anything that could contain alcohol, what testing was done and what the officer said. If you face an underage alcohol-driving allegation, a Wisconsin attorney can review the statute, the stop and the testing evidence. The consequences can include license-related penalties, so understanding the allegation matters.

What under-21 designated drivers should remember

Wisconsin's absolute sobriety rule leaves no room for assuming that a small amount of alcohol is acceptable for drivers under the age of 21. If you plan to be the designated driver, it is recommended to avoid alcohol entirely before driving and know how the rule applies to your license.]]> by Krische & Moertel LLC <![CDATA[Wisconsin marijuana charge: Record, college and aid at risk]]> https://www.eauclaireattorney.com/?p=47969 2026-08-28T13:04:01Z 2026-08-28T13:04:01Z What 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=47968 2026-08-14T17:35:32Z 2026-08-14T17:35:32Z If 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’s implied 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=47967 2026-08-05T19:35:34Z 2026-08-05T19:35:34Z Parents 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=47966 2026-07-21T19:16:17Z 2026-07-21T19:16:17Z Wisconsin 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=47965 2026-07-15T09:49:02Z 2026-07-16T05:01:22Z What 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=47964 2026-07-14T12:52:08Z 2026-07-14T12:52:08Z juvenile 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.]]>