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If someone has five or six beers within an approximately five-hour period, would it most likely be legal to drive with children?: Someone I know says he had 5-6 beers within about five hours (male, approx. 190lbs), and then drove children home, which was a 30 minute drive. I'm wondering if there could be any legal issue with this if the person was "legal to drive," as they said. Ethics might be a separate issue here...

Asked 3 days ago in DUI & DWI

Jeffrey’s answer: It is against the law to operate a motor vehicle while under the influence of alcohol, or with a prohibited alcohol concentration, which, for a first offense, is .08 grams per 210 liters of breath. A person is under the influence if his ability to drive safely is impaired by the consumption of alcohol. In other words, even though a driver's BAC may be under .08, if the alcohol impaired his ability to drive, then he is not legal to drive. As a very general matter, using a chart published by the DMV to estimate BAC, a 190 pound man who consumed 5-6 beers over the course of 8 hours is not likely to be over the legal limit; but, as the chart notes, the best way to determine blood-alcohol concentration is through a chemical test of blood, breath, or urine.

Answered 3 days ago.

Child custody and support : I am 17 and my newborn is 4 months. After the birth of my baby I didn't get a chance to file child support on the father of my child because my family was already dealing with my grandfather's illness (cancer). Then on the week of his funeral I received a paternity petition from the father of my child requesting relief of child support, child custody, health care expenses, and more. He has hired a lawyer. I am a full time high school student (junior) and living with my parents. He filed child support and child custody before I could file child support on him. What are the Wisconsin State law to help and protect my rights as the mother?

Asked 4 days ago in Child Support

Jeffrey’s answer: In essence, the petition that the father has filed merely seeks to have him legally adjudicated the father. Once he is adjudicated, the court will address the issues of custody, placement, and support. Just because he is demanding all of these things does not mean the court will award it to him. If, as seems likely, you are awarded primary placement of the child, the court will order the father to pay you child support. You should definitely take steps to obtain legal representation, though. This is not something you should try to handle yourself.

Answered 4 days ago.

My 18 yo son was in a single car MVA. Blew a 0.03 and cited for Absolute Sobriety. Any chance of this getting reduced?: Was driving home and fell asleep behind the wheel. Hit a guard rail and flipped his car on its side. No injuries or others involved. Thank god! Had been drinking much earlier in the night and blew a 0.03 at the scene. Given a few citations, one of which was for Absolute Sobriety. Any chance this could get amended or reduced?

Asked 4 days ago in DUI & DWI

Jeffrey’s answer: There is a chance that the prosecutor will amend it, but it is not very likely. Many jurisdictions are very firm when it comes the absolute sobriety tickets. This is especially true where there is an accident.

Answered 4 days ago.