Wisconsin Criminal Law Handbook
Wisconsin Compilation of Collateral Consequences (developed in 2017 by Collateral Consequences Resource Center for use by Wisconsin practitioners) Civil Consequences of Conviction: The Impact of Criminal Records under Wisconsin Law. What if your legal book research was never constrained by time or place? Immigration Law Handbook Immigration Law Handbook is the go-to desktop immigration handbook, issued annually, for complete immigration and homeland security law coverage. Federal Criminal Laws and Rules: Volume 1 and Volume 2. THE WISCONSIN JURY HANDBOOK. Under Wisconsin law, jurors are eligible for up to five (5) days. Criminal case the plaintiff seeks to convict a party accused of committing a crime, violating a state statute, or violating a county, city or village ordinance. The party accused of. Wisconsin Department of Justice. Executive Profiles; Office of Open Government; Office of School Safety. Wisconsin public records, open meetings laws; making a public records request, Public Records/Open Meetings (PROM) Hotline. Evidence handbook; Crime Lab forms; work for the Crime Lab. The central idea of an arrest is the taking or detaining of a person by word or action into custody so as to subject his liberty to the actual control and will of the person making the arrest. Wisconsin Council on Criminal Justice Publication [Place of publication not identified]: [publisher not identified], [1975?] Madison, Wis.: Training and Standards Bureau, Wisconsin Justice Dept., Division of Law Enforcement Services.
Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. This overview of key landlord-tenant laws in Wisconsin will get you started.
Required Landlord Disclosures in Wisconsin
Wisconsin Criminal Law Handbook 2016
Under Wisconsin law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as any major problems that affect the rental’s habitability and the identity of anyone authorized to act on the landlord’s behalf. For a full list, see Wisconsin Required Landlord Disclosures.
Wisconsin Security Deposit Limit and Return
Residential real estate transactions; fraud and misrepresentation, tort action, 895.10.
Wisconsin state law does not limit how much a landlord can charge for a security deposit. However, it does limit when it must be returned (within 21 days after a tenant moves), and sets other restrictions on deposits. SeeWisconsin Security Deposit Limits and Deadlines for more on the subject.
Small Claims Lawsuits in Wisconsin
Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $10,000. There is no limit in eviction cases. See Filing a Security Deposit Lawsuit in Wisconsin Small Claims Court for advice for tenants filing suit. Landlords defending a security deposit lawsuit should check out Wisconsin Landlord’s Guide to Security Deposit Disputes in Small Claims Court.
Wisconsin Unconditional Quit Notices and Other Rent Rules
State law regulates several rent-related issues, including how and when landlords can use an Unconditional Quit notice to file for eviction when a tenant has failed to pay the rent on time. For details, see Wisconsin Termination for Nonpayment of Rent and Other Rent Rules.
Tenant Rights to Withhold Rent in Wisconsin
Tenants may withhold rent if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Wisconsin Tenant Rights to Withhold Rent.
Wisconsin Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give Wisconsin tenants with a leases of less than one year or that are year-to-year who have failed to pay rent on time an unconditional quit notice that gives the tenant 14 days to move out before the landlord can file for eviction. SeeState Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Wisconsin.
Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Wisconsin
Several other landlord-tenant laws in Wisconsin affect both property owners and renters, including:
- restrictions on landlord’s right to access rental property (Wisconsin landlords must provide advance notice of entry)
- tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see Wisconsin State Laws Prohibiting Landlord Retaliation for details)
- special protections for tenants who are victims of domestic violence (see Wisconsin State Laws Affecting Tenants in Domestic Violence Situations)
- procedures for how landlords must handle abandoned property left behind by tenants, and
- fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).
Where to Find Wisconsin Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. To access the statutes, go to the Wisconsin Laws and Legal Information section of the Nolo site and find the link to your state laws.
If you just want to browse through the Wisconsin landlord-tenant law, you can find state statutes at Wis. Stat. Ann. § § 704.01 to 704.95; Wis. Admin. Code § §134.01 to 134.10. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.”
In addition to accessing state laws via Nolo’s website, Wisconsin statutes are available in many public libraries and in most law libraries that are open to the public (typically found in a county courthouse or at the state capitol or in a publicly-funded law school).
Local Ordinances Affecting Wisconsin Landlords and Tenants
Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. Many municipalities have websites —just search for the name of a particular city in Wisconsin and then do a search when you’re on the site.
State and Local Government on the Net and Municode are good sources for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Wisconsin.
Federal Landlord-Tenant Laws and Regulations
While most landlords and tenants will primarily be concerned with state law in Wisconsin, several federal laws come into play. Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, covering discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 50 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations (“CFR”), also organized by subject into 50 separate titles.
To access the U.S. Code and Code of Federal Regulations online, see Nolo’s Federal Law Resources page. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. Finally, check USA.gov, the official U.S. website for government information.
Nolo Resources on Legal Research and Landlord-Tenant Law
Nolo’s Laws and Legal Research page includes links to state and federal laws, explains how to research and understand statutes, and provides advice on finding local ordinances and court cases, including Supreme Court cases. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.
You’ll also find a wealth of information in the Landlords and Renters’ Rights sections of the Nolo website and Nolo books, such as Every Landlord’s Legal Guide and Every Tenant’s Legal Guide.
As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant's own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant's cooperation with the police.
Jail Time
In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.
Wisconsin Criminal Law Handbook Pdf
For a DUI or DWI that's been classified as a felony—either because the driver killed or injured someone or because it's the driver's third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.
Fines
In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.
Driver's License Problems
A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender's license for 90 days; a second offender's license for one year; and a third offender's license for three years.
Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.
Wisconsin Criminal Law Firm
However, sometimes it's possible to obtain a 'hardship license' to drive to and from places like work and school during a suspension.
Some states take further steps to make sure the person (particularly a repeat offender) doesn't get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender's car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person's BAC is above a preset level (usually .02% to .04%), the car won't start.
Alternative Forms of Punishment
A number of states' court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.
Young Offenders
A minor who is arrested for driving while under the influence of alcohol or drugs won't get any breaks from punishment -- in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime.
In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.
Other Consequences
In addition to legal penalties, the driver's insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person's driving record. And a drunk driving charge stays on a person's driving record for many years. Plus, if the driver's license is suspended, the insurance company is likely to cancel the insurance policy.
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Certain jobs may be closed to those who've been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.
Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.
DUI/DWI Penalties by State
To find out what the fines, jail time, and other penalties for a drunk driving conviction are in your state, choose from the list below:
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
D.C.
Florida
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming