Joel A. Mogren
Attorney at Law
When experience counts 

111 East Wisconsin Avenue
Suite 1925
Milwaukee, WI 53202
Google Voice 414.367.4067
414.326.3261

A CONVICTION FOR OPERATING WHILE UNDER THE INFLUENCE HAS SERIOUS CONSEQUENCES (Click on any OWI below to find out the penalties). 



CASE DISMISSED.


After investigating an OWI-3rd, Attorney Mogren convinced the State that his client was not the driver of a vehicle involved in an accident.  As a result of Attorney Mogren's investigation and advocacy, the State dismissed the case against his client.


EVIDENCE SUPPRESSED and CASE DISMISSED.


In an OWI-2nd offense, Attorney Mogren successfully litigated a stop and arrest motion.  The Court found that there was no probable cause to arrest the defendant and therefore any evidence seized from the arrest had to be suppressed.  As a result of this successful motion, the State dismissed the case.  


CASE DISMISSED


In OWI-1st, the  State failed on several occasions to be prepared for a motion filed by Attorney Mogren.  Attorney Mogren argued that the ongoing delays were unfair to his client and the Court agreed and dismissed the case.

 

NOT GUILTY! OPERATING WHILE UNDER THE INFLUENCE OF A DRUG.


In Kenosha County, Wisconsin, Attorney Mogren won an Operating While Under the Influence of a Drug. 

 

The prosecution presented the testimony of a State Trooper and entered a squad camera video into evidence that showed the defendant in a highly impaired state and an admission of driving by the defendant.

 

Attorney Mogren argued that the government failed to present enough proof that the defendant actually operated the vehicle while impaired by the drug detected in the defendant's blood.

 

Thirty-two (32) minutes later the Jury returned its verdict of "Not Guilty!"


OWI 6th AMENDED TO OWI 4th.


Attorney Mogren filed a motion challenging the legality of two of his client's prior convictions. The result of this motion was that Attorney Mogren's client plead guilty to an OWI-4th -- a misdemeanor -- and went to the county jail for less than one year.  Unfortunately for this defendant, his prior attorneys had never considered this legal challenge, and therefore, he was sentenced to prison where he wrongly served nearly three years.


The amount of alcohol in a person’s body is measured by the amount of the alcohol in blood. This is called the blood alcohol concentration, or BAC.

For the purposes of law enforcement, BAC is used to define intoxication and provides a measure of impairment. In Ontario and the rest of Canada, the maximum legal BAC for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood (0.08). Driving with BAC in excess of 0.08 is a criminal offence.

BAC levels are affected by many factors, including:

How fast you drink. Alcohol consumed quickly will result in a higher BAC than when consumed over a long period of time.
Gender. Women generally have less water and more body fat per pound of body weight than men. Alcohol does not go into fat cells as easily as other cells, so more alcohol remains in the blood of women.
Body weight. The more you weigh, the more water is present in your body. This water dilutes the alcohol and lowers the BAC.
Amount of food in your stomach. Absorption is slowed if you’ve had some
What does BAC mean?

The amount of alcohol in a person’s body is measured by the amount of the alcohol in his or her blood. This is called the blood alcohol concentration, or BAC.


In Wisconsin, a driver is considered legally impaired when his or her BAC  is 80 milligrams of alcohol in 100 milliliters of blood (0.08).  If a person's BAC is (0.08), the law presumes that the person is legally intoxicated. This means that any person stopped and arrested with  a BAC of (0.08) is presumed to be intoxicated and therefore in violation of the law.  


Even if a person does not have a BAC of (0.08) or more while operating a motor vehicle, a person can still be found guilty of an OWI in Wisconsin. If a prosecutor can show that the person was impaired, and that the person's impairment caused him or her to lack the ability to safely operate a motor vehicle, a person can be convicted.


This is a violation of Wis. Stat. 346.63 Operating under influence of intoxicant or other drug.

(1)?No person may drive or operate a motor vehicle while:
(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.
346.63(1)(b)(b) The person has a prohibited alcohol concentration.
(1)?No person may drive or operate a motor vehicle while:
(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.
346.63(1)(b)(b) The person has a prohibited alcohol concentration.


(1)?No person may drive or operate a motor vehicle while:
(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.
346.63(1)(b)(b) The person has a prohibited alcohol concentrati

BAC levels are affected by many factors, including:

  • How fast you drink. Alcohol consumed quickly will result in a higher BAC than when consumed over a long period of time.
  • Gender. Women generally have less water and more body fat per pound of body weight than men. Alcohol does not go into fat cells as easily as other cells, so more alcohol remains in the blood of women.
  • Body weight. The more you weigh, the more water is present in your body. This water dilutes the alcohol and lowers the BAC.
  • Amount of food in your stomach. Absorption is slowed if you’ve had something to eat.
The amount of alcohol in a person’s body is measured by the amount of the alcohol in blood. This is called the blood alcohol concentration, or BAC.

For the purposes of law enforcement, BAC is used to define intoxication and provides a measure of impairment. In Ontario and the rest of Canada, the maximum legal BAC for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood (0.08). Driving with BAC in excess of 0.08 is a criminal offence.

BAC levels are affected by many factors, including:

How fast you drink. Alcohol consumed quickly will result in a higher BAC than when consumed over a long period of time.
Gender. Women generally have less water and more body fat per pound of body weight than men. Alcohol does not go into fat cells as easily as other cells, so more alcohol remains in the blood of women.
Body weight. The more you weigh, the more water is present in your body. This water dilutes the alcohol and lowers the BAC.
Amount of food in your stomach. Absorption is slowed if you’ve had something to eat.

To calculate what a person's BAC may be, follow the link to the Wisconsin DMV website.  The use of anyBAC calculator should be for illustrative purposes only, and should not used by a person to determine if  he or she, or any other person, is either legally able and/or capable of safely operating a motor vehicle.