Southworth Law Office, LLCSouthworth Law Office, LLC2026-07-23T21:56:59Zhttps://www.wisdellslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1405045/2026/03/cropped-Southworth-site-icon-32x32.pngOn Behalf of Southworth Law Office, LLC<![CDATA[Can you challenge a breath test in a Wisconsin OWI case?]]>https://www.wisdellslaw.com/?p=471872026-07-23T21:56:59Z2026-07-23T21:56:59ZA breath test result can feel like the end of the road, particularly when prosecutors treat that single number as conclusive proof of impairment. You may assume the case is decided before you ever reach a courtroom. Breath test evidence, however, remains subject to scrutiny and challenge.
Why the test is not the final word
A breath test looks scientific, but people and machines run the process. Both can make mistakes. Wisconsin law sets strict requirements for how officers collect breath evidence.Under Wisconsin Statutes § 343.305, officers must follow the state's implied consent testing rules when they request a sample. They must read you the required warnings and honor your right to an alternative test. If they skip a step, the result might be challenged in court.
Common grounds for questioning a result
Several issues could weaken the breath test evidence against you. Here’s what you need to know:
Unlawful stop: Police need a valid legal reason to pull you over.
Procedural errors: The officer must follow required steps, including the observation period before testing
Machine problems: The device needs regular maintenance and calibration to stay accurate.
Medical factors: Conditions such as diabetes or acid reflux might affect a reading.
Timing: Your alcohol level at testing may differ from your level while driving.
If any of these deficiencies surface in your case, the result could carry substantially less evidentiary weight.
What a defense review can uncover
Every OWI prosecution turns on its particular facts. A defense attorney may examine police reports, body camera footage and maintenance logs. Officer conduct throughout the stop and the testing sequence also warrants attention.Such a review might expose a procedural defect, a malfunctioning device or a stop lacking legal justification. Any of these findings could alter how the evidence holds up.
What this means for your OWI case
A breath test is one piece of evidence, not a verdict. The stop, the testing process, the machine and your health can all affect its reliability. Knowing this can help you make informed decisions about your OWI defense options instead of assuming the number is final. If your case involves disputed evidence or repeat charges, a defense lawyer's review may prove valuable.]]>On Behalf of Southworth Law Office, LLC<![CDATA[Arrested for OWI? What vacationers in Wisconsin need to know]]>https://www.wisdellslaw.com/?p=471802026-07-10T16:47:31Z2026-07-10T16:47:31ZPoints to remember when hit with a Wisconsin OWI
When you're arrested as a visitor, a few unique rules apply to your situation. Understanding these key points right away will help you avoid costly mistakes and protect your driving privileges:
The strict 10-day clock of the Division of Motor Vehicles (DMV): The moments right after your arrest are the most critical. You have exactly 10 days to mail a formal request to the Wisconsin Department of Transportation for an administrative review hearing. If you miss this deadline, Wisconsin will automatically suspend your driving privileges within their borders on the 31st day.
The impact on your home state license: Don't assume that what happens in Wisconsin stays here. Through the national Driver License Compact, Wisconsin reports OWI events to your home state's DMV. One report can lead to a matching suspension or restrictions on your primary license.
Handling the multi-county system: Wisconsin Dells is unique because the area spans four different counties (Sauk, Columbia, Adams and Juneau). Knowing exactly which agency pulled you over determines which court holds your files and what specific legal procedures apply to your case.
Minimizing your travel back to the state: In many instances, a local defense attorney can file specific legal waivers that allow them to appear at routine status hearings on your behalf. This prevents you from needing to buy plane tickets or take time off work for simple court dates.
It's very important to take swift action and preserve all the information from your traffic stop for the protection of your driver's license and future. Doing so can help you move past this stressful experience.
How to protect your rights after a resort-area arrest
The actions you take in the hours and days following a traffic stop on a Wisconsin road heavily influence the final outcome of your case. Because the state uses everything you say and do to construct a conviction, protecting your interests requires immediate action.
You should exercise your right to remain silent by politely refusing to answer incriminating questions about your activities and asking for an attorney instead. Additionally, avoid posting anything about your arrest on social media where prosecutors can monitor it, and immediately write down every detail of the stop — including the weather, the officer's words and the timing of your tests — before your memory fades.]]>On Behalf of Southworth Law Office, LLC<![CDATA[What if drugs were found in a car but were not yours?]]>https://www.wisdellslaw.com/?p=471762026-07-10T03:40:59Z2026-07-10T03:40:59ZA traffic stop can upend your entire night within minutes. Officers discover drugs in the vehicle, and suddenly you face charges for contraband that may not belong to you. Proximity to drugs is not equivalent to legal possession of them.
How Wisconsin law defines possession
UnderWisconsin Statutes § 961.41(3g), possession of a controlled substance without a valid prescription constitutes a criminal offense. The statutory language never requires that the drugs be located on your person. Prosecutors frequently pursue these charges under a legal theory known as constructive possession. Under that theory, they contend you knew of the drugs' presence and exercised control over the area containing them.
Questions that shape your defense
Several facts can shape whether the state can tie the drugs to you. Here’s what you need to know:
Knowledge: Whether you knew the drugs were in the vehicle.
Ownership: A borrowed or shared car weakens claims of control.
Location: Drugs hidden in a trunk or console may not point to a passenger.
Other occupants: When several people had access, no single person clearly controlled the item.
The search: Police need legal grounds to stop and search the car.
If any of these facts favor you, the charge or the search itself may be open to challenge.
Why your words at the scene matter
These arrests frequently follow routine traffic stops in Wisconsin Dells and throughout Central Wisconsin. They become especially likely when multiple occupants share the vehicle at the time of the stop. Officers may question each occupant separately and press for explanations at the scene.Casual or offhand statements can supply the state with proof it otherwise lacks. Speculating about who owns the drugs can implicate you and expose others in the vehicle. You retain the option to state politely that you will not answer questions without a lawyer.
Protecting your future after a shared-vehicle arrest
A drug charge arising from someone else's vehicle often restson a fragile theory. The state must establish both knowledge and control, not mere presence in the vehicle. Vehicle ownership, the drugs' location, the presence of other passengers and the legality of the search all carry weight.Recognizing these distinctions can help you avoid missteps that transform a weak case into a conviction. If your circumstances involve multiple occupants or a contested search, a defense lawyer's input may prove valuable. ]]>On Behalf of Southworth Law Office, LLC<![CDATA[How long might a WI drunk driving conviction stay on your record?]]>https://www.wisdellslaw.com/?p=471632026-06-11T23:55:27Z2026-06-15T23:53:34Zremain on your record forever in Wisconsin. This means that it will appear on court records, driving records, insurance history and background checks. It can continue to impact various aspects of a person’s life, including their employment opportunities and professional licensing. It may also have an impact on future drunk driving charges, if there are any.
Understanding the records where the conviction may show up
Drunk driving convictions show up on driving records and criminal records. A criminal record is what appears in background checks. In some cases, there may also be a civil record of a drunk driving case.
Some people wonder if a drunk driving conviction can be expunged in Wisconsin. Expungements in this state are very specific and won’t apply in all cases. Even if you hope to clear or limit access to a drunk driving conviction, the conviction can continue to affect the points on your driver’s license and insurance underwriting.
A drunk driving conviction can also affect your ability to maintain your current career if it requires professional licensing, a commercial driver’s license or a clean driving record. Employers may also have specific protocols related to criminal convictions of all sorts, including drunk driving.
Understanding exactly how a drunk driving conviction will affect you is important, especially when it comes to how long it will remain on your record and how that will impact you. Working with a legal professional who understands how to handle drunk driving defenses may be beneficial if you’re concerned about how a potential conviction will affect your future.]]>On Behalf of Southworth Law Office, LLC<![CDATA[Can a drunk driving conviction affect your professional license?]]>https://www.wisdellslaw.com/?p=471612026-06-11T23:35:45Z2026-06-11T23:35:45Zreport the conviction to your licensing board or agency. This is true for a host of professionals, including nurses, health care professionals, auctioneers, teachers, commercial drivers and a host of other regulated occupations.
Reporting and discipline concerns
Wisconsin’s Department of Safety and Professional Services provides self-reporting requirements for certain convictions. If you have a professional license, you need to determine if you need to report the drunk driving conviction, when the report is due and what information you have to provide. If you don’t report when you should, it can create a separate issue.
Once you report the conviction, you may be subject to an investigation, request for documents, reprimand, education requirements, restrictions, suspension, monitoring and other disciplinary measures. Not every drunk driving conviction will lead to discipline, but understanding the process is critical.
Some professionals may be subjected to even harsher disciplinary measures. For example, commercial drivers face additional concerns because their livelihood depends on being able to drive, which requires a commercial license. Health care workers and those in safety sensitive roles may also face significant professional challenges, including questions about substance use.
Early attention to the defense strategy options for a drunk driving charge may be beneficial if you count on a professional license to continue your career. These cases can be challenging, so it’s likely beneficial to work with a skilled legal team who understands your circumstances and the goal of your defense.]]>On Behalf of Southworth Law Office, LLC<![CDATA[Punishments For Driving With A Suspended License In Wisconsin]]>https://www.wisdellslaw.com/?p=462082026-04-14T09:27:27Z2018-12-12T06:00:00Z
12-30 points = 6 month suspension
30+ points = 1 year suspension
If you have a regular driver license or a commercial driver license (CDL):
12-16 points = 2 month suspension
17-22 points = 4 month suspension
23-30 points = 6 month suspension
30+ points = 1 year suspension
What Are The Penalties For Driving With A Suspended License In Wisconsin?In the state of Wisconsin, law currently states that penalties for driving with a suspended license could include the following:
Civil forfeiture - driving with a suspended license will probably result in a fine unless there are repeat offenders. Most infractions require a find of $50-200, but more serious infractions, such as DUI or OWI can result in fines of up to $2,500.
Criminal charges - in more serious cases, such as if driving with a suspended license and being charged with an OWI/DUI, jail time and hefty fines are common. If seriously bodily harm or a death occurred, the person can also be charged with a Class H felony. This is dependent on many factors, including whether the offender is aware of their driving privileges.
Jail time - if there are other enhancers or prior tickets for driving while suspended, the accused may face significant jail time, the length of which is entirely dependent on the situation.
Further suspension - if you have a history of infractions and get caught with a suspended license, you can expect a suspension extension in addition to other potential punishments.
How To Reinstate Your License In WisconsinOnce your suspension has expired and you've fulfilled all requirements given to you by the court (paid your fines, shown proof of insurance, etc.), then you can apply to have your license reinstated. You can do this online, by mail or by visiting your local DMV.We advise anyone with a suspended license to stay off the roads. But if you have a suspended or revoked license and are pulled over, contact us before making any statements to law enforcement. It does not matter whether or not you have a “good” reason for being behind the wheel, the prosecution will do their best to prove you are guilty. Having an attorney on your side defending and advising you in this critical time could mean a difference in verdicts. To arrange your free consultation with a skilled Wisconsin defense lawyer, please call us today at [nap_phone id="LOCAL-CT-NUMBER-2"] or contact us online..]]>On Behalf of Southworth Law Office, LLC<![CDATA[The Most Popular White Collar Crimes in Wisconsin]]>https://www.wisdellslaw.com/?p=462132026-03-26T12:10:18Z2018-10-04T05:00:00Z
The offender must be an employee of the affected business
The offending employee does not have permission to appropriate the misappropriated assets
The employee has legal access/holds a position of power over the stolen assets
By this definition, somebody that sells the company car without permission is actually embezzlement. It can even pertain to retail employees slipping money from the cash register into their own pockets -- however, it only becomes a felony when the amount stolen exceeds $2,500.If you’re interested in learning more about embezzlement in Wisconsin, click out our other blog about it. Cyber CrimesComputer Crimes defines a broad spectrum of offenses. Computer crimes, sometimes referred to as cyber crime, is the act of knowing and willingly stealing a company’s or individuals private information. Some of the typical crimes include:
Implanting a virus or other contaminant into a computer
Gaining admittance to systems that you are not authorized to access
Cyberbullying -- yes, this is a crime!
Modifying or managing programs of data
Using encryption in the commission of another crime
Using a computer to defraud
In order to prosecute, it must be proven that the alleged offender acted was willfully and knowingly. Offenses against computers, data and programs carry class Amisdemeanor penalties, but a cyber crime turns into a felony if:
Offenses against computer data is used to defraud or obtain property
If the crime deals damage greater than $2,500 or if it impairs government operations
If it poses risk of death or harm to any individual
In 2014, Wisconsin ranked 22nd in the nation for internet crime complaints according to Ready Wisconsin. Wisconsin also ranked 20th in the nation on money lost to internet crimes -- reported losses totaled $9,235,027.Tax EvasionTax Evasion, also referred to as tax fraud, is intentionally failing to pay your taxes. Tax evasion is commonly associated with income taxes, but businesses can fail to report state sales taxes and employment taxes. Actually, tax evasion can occur on all types of taxes a business is required to pay. Some of these taxes include: property taxes, excise taxes on use or consumption, gross receipts tax and franchise taxes. According to the Wisconsin Department of Revenue, it is:"required to post information about delinquent taxpayers on the Internet if they owe: more than $25,000, including tax, interest, penalty, fees, and costs, and the amount is unpaid more than 90 days after all appeal rights have expired. The 2007 Wisconsin Act 20 expanded individuals qualified for Internet posting. On January 4, 2008 the delinquent taxpayer list was updated to include delinquent taxpayers who owe: more than $5,000, including tax, interest, penalty, fees, and costs, and the amount is unpaid more than 90 days after all appeal rights have expired."You really don't want to be on that list! If you have been accused of any of the above crimes, it's important to know your rights, as they can carry heavy penalties if the crime is severe enough. Contact us to speak with experienced defense attorneys that will defend your rights and ensure your needs are met.]]>On Behalf of Southworth Law Office, LLC<![CDATA[Types of Theft: Defining Fraud, Larceny and Embezzlement]]>https://www.wisdellslaw.com/?p=462112026-03-26T12:10:21Z2018-09-04T05:00:00Zdefinition, "intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right." So, essentially, it's tricking somebody into giving up their property by misrepresenting facts -- theft with the stipulation that intentional deception was at play. There are various types of fraud that can be prosecuted in the state of Wisconsin. Here are some of the most common:
Mortgage - the act of fabricating information or forging documents and presenting them to a financial institution to secure a mortgage loan.
Healthcare - anyone who knowingly makes, uses, or causes to be made or used a false record or statement to obtain approval or payment of a false claim for medical assistance.
Mail - the process of soliciting through the mail (via USPS or a private shipping company) money in exchange for a product or service that never arrives.
Wire - the intentional use of a communication device to defraud another person out of money or any item(s) of value.
Credit card - when someone:
takes someone else's credit card to purchase goods or services
uses their own credit card to make purchases knowing the account is expired or revoked
sells goods or services with the knowledge that the credit card was illegally obtained or being used without authorization
Identity - the use of another's personal information without authorization to defraud a third party.
The punishment for fraud in Wisconsin is largely situational, since it is based on the value of the damages done to the victim. That being said, when damages amount to under $2,500 it's generally considered a misdemeanor. But damage $2,500 and above is considered a felony and carries more severe penalties on a case-by-case basis.Larceny in WisconsinLarceny is just a fancy word that means, "the theft of personal property." This umbrella term is vague by nature to cover a wide spectrum of crimes and appears in the Wisconsin statutes simply as "theft", or someone who, "intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property." Again, punishments for theft in Wisconsin vary on a case-by-case basis. There are many factors that can push a misdemeanor theft to a felony, including:
if the stolen property is a firearm
if the stolen property is a domestic animal
if the stolen property was taken during an emergency crisis (e.g. looting during an environmental disaster)
if the theft exceeds $2,500 in value
if the victim is a "person at risk", meaning they are a resident or a patient in a specialty care facility
If the crime constitutes a theft of trade secrets. "'Trade secret' means information (a formula, pattern, compilation, program, device, method, technique or process) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use."
EmbezzlementWe have already extensively covered embezzlement in the past, so for more detailed information, see our previous article.But just as a quick synopsis: embezzlement is hard to define in Wisconsin law -- it tends to lie somewhere between theft and fraud. But the most solid definition of embezzlement is, "the theft or misappropriation of funds placed in one’s trust or belonging to one’s employer." Embezzlement is, at its core, theft. However, the term specifies that the offender has legal access to the funds/property, yet they misuse or assume possession of the funds/property without employer knowledge or permission. Technically, a cashier stealing from the cash register is embezzlement.Theft is an umbrella term that covers the unlawful and unpermitted taking of property from another person or organization. While the terms 'embezzlement', 'fraud' and 'larceny' are mere subsets of theft, being accused of any of these crimes holds a lot of weight. The punishments can be severe, depending on the situation, and can significantly damage your reputation. If you're accused of any of these crimes, you need experienced defense attorneys at your side to stand up for you. We at Southworth & Stamman will give you the best defense possible and will protect your rights, your integrity and your freedom. Contact us today to schedule a legal consultation.]]>On Behalf of Southworth Law Office, LLC<![CDATA[Possession of Prescription Drugs in Wisconsin & The Opioid Epidemic]]>https://www.wisdellslaw.com/?p=462072026-04-10T15:21:42Z2018-06-25T05:00:00Z
made directly from the opium poppy plant (the same one that heroin is made from) or
synthetically created with similar structure to the poppy plant.
Although doctors won't prescribe you street heroin for your back pain, prescription opioids are made from the same chemical compounds because they are extremely effective at relieving moderate to severe pain. Many of these prescription drugs are dangerous because of their highly addictive nature and the fact that the users will feel a "high" similar to heroin, leading to increased chances of misuse; and much like heroin, overdoses are possible and common with prescription pain pills. Due to the "high" and addictive qualities of prescription drugs, it's not uncommon for patients to get hooked on them and eventually make the shift to street heroin -- it's cheaper and easier to get, after all. Because of the similarities in terms of abuse and addiction between prescription drugs and heroin, law enforcement take prescription drug possession very seriously. Having prescription opioids but no prescription is a very serious offense and will result in severe punishment.What are the penalties for prescription opioid possession in Wisconsin?In Wisconsin, unlawful opioid possession isn't taken lightly. Drugs such as hydrocodone (Vicodin), oxycodone (OxyContin, Percocet), codeine, morphine (Kadian, Avinza), and fentanyl, to name a few, are considered Schedule II narcotics. First offenses are not taken into consideration -- right off the bat, it's considered a Class I felony with the potential for a prison sentence no longer than 3.5 years and/or a maximum fine of $10,000.As a bit of a side note, there are other well-known prescription painkillers that aren't classified as narcotics, but the possession of which still carry $500 fines and 30 days in jail. These include ketamine, anabolic steroids and clonazepam.Can I get in trouble if my opioids were prescribed?If you are prescribed opioids by your doctor, you are not liable to be charged with possession. However, if you sell or give away your pills to anybody, even if the recipient has/had a similar prescription, you are considered a drug dealer in the eyes of the law and can be prosecuted. Your prescription was given to you and only you by your doctor for your individualized care. It's optimized for your body and sharing pills with others has high potential for misuse, overdose and even fatality.How do I get rid of my prescription after I'm done?In the end, the point is: don't possess drugs if they weren't given to you officially by a doctor. Possession of narcotics is punished very severely in Wisconsin, so keep an eye on your prescriptions to ensure nobody steals them; and if you have any pills leftover from your treatment, dispose of them properly. You don't want anybody abusing them or ingesting them (intentionally or even unintentionally when it comes to little children). There are drug take-back programs, which are the safest and most "official" way of drug disposal. However, if there's not take-back organization available near you, you can also:
Mix your pills with an unpalatable substance like dirt, cat litter or used coffee grounds
Seal the mixture in a bag
Toss the bag in the trash, scratch off any personal information on your pill bottles and toss those out as well
Some very powerful medicines have fatal potentiality if improperly ingested. These can be flushed down the toilet, as long as they are approved for this disposal method. Ask your doctor if it's safe to flush extras when you receive the prescription.
What do I do if I'm charged with possession of prescription drugs in Wisconsin?Being charged with a felony does not mean you should lose all hope. Our attorneys can defend you against prescription drug charges. As with all charges brought against you, the sooner you are able to speak with an attorney the better chance you have of obtaining a favorable outcome. If you are looking to aggressively fight these types of accusations, please contact us today to arrange a free consultation with one of our attorneys.If you feel that a loved one is abusing prescription drugs, please remember that there are resources that can help them get on the road to recovery. The current opioid crisis in this country is alarming and anyone can develop an addiction. If you are looking to speak with someone please reach out to the Wisconsin Department of Health Services.]]>On Behalf of Southworth Law Office, LLC<![CDATA[Possession of THC & The Laws in Wisconsin]]>https://www.wisdellslaw.com/?p=462122026-03-26T12:10:27Z2018-05-29T05:00:00ZWisconsin THC Possession Laws
Marijuana legalization seems like it's constantly in the news these days. Nine states (at the time of this article's posting) -- Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont and Washington plus the District of Columbia -- have legalized it for recreational use; and more states seem to be headed in that direction. However, the laws of other states do not apply to your own. "But it's legal in California!" is not a legal defense for possession in the state of Wisconsin. As of now, it is still a crime to possess THC because it's considered a Schedule I Controlled Substance alongside heroin, LSD and cocaine. Generally speaking, marijuana possession convictions are less severe than other Schedule I drugs, but it still has potential for significant penalties -- especially for repeat offenders.
"Possession" Defined
To prove possession in Wisconsin, it must be proven beyond reasonable doubt that the accused:
Knows the offending substance is an illegal, controlled substance
Knowingly has the drug on their person
Is in physical control of the drug (meaning they have access to it and ensures that the accused is held responsible if it's found in a car, home, etc.)
Additionally, "joint possession" is a term that indicates multiple people have physical control of the drug. For instance, if marijuana is found in a car with multiple people in it, everyone in the car could be charged since everybody in the car has potential control over the drug.
What Are the Penalties for THC Possession In Wisconsin?
For first-time convictions, THC possession considered a misdemeanor. “The person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction." (Wisconsin Legislature).
With repeat offenses come harsher penalties and an upgrade from misdemeanor to a Class I Felony. Each subsequent conviction carries with it a maximum of $10,000 in fines and up to 3.5 years in prison.
Other things to note:
Any drug conviction carries a possible 5-year driving privilege suspension
College students found guilty of drug possession risk losing federal student loans and grants
If THC is found during a traffic stop, the accused may be subject to an OWI (Operating While Intoxicated) investigation and possible charges
Those found guilty of THC possession within 1,000 feet of a school or public park may have to complete 100 hours of community service
Penalties Intensify if Intent to Sell Is Proven
Wisconsin drug laws dictate that if the accused intended to sell or distribute THC, they are automatically charged with a felony. Punishments are dependent on the amount:
200 grams or less:Class I felony; max. $10,000 fine and/or 3 years, 6 months of imprisonment
200-1,000 grams:Class H felony; max. $10,000 fine and/or 6 years in prison
1,000-2500 grams:Class G felony; max. $25,000 fine and/or 10 years in prison
2,500-10,000 grams:Class F felony; max. $25,000 fine and/or 12 years in prison
10,000+ grams:Class E felony; mx. $50,000 fine and/or 15 years in prison
As former prosecutors, we know the strategies used by the State and work aggressively on behalf of our clients to ensure their rights are secure. With law offices in Wisconsin Dells, we serve clients throughout Central Wisconsin and can help you whether you are a resident of the state or just visiting.
The sooner our attorneys can start working on your behalf, the better chance you have of obtaining a favorable result. To arrange your free initial consultation, please contact our law offices online or by telephone at [nap_phone id="LOCAL-CT-NUMBER-2"].]]>