Waterford, WI Criminal Defense Attorney

The Fox River through Waterford is one of the more actively-patrolled inland waterways in Racine County. Wisconsin DNR Conservation Wardens and the Racine County Sheriff's marine unit work the river through the boating season, with concentrated enforcement on summer weekends and during regional events. § 30.681 applies the same .08 BAC threshold to boat operation as to motor-vehicle OWI, and the field-sobriety-test administration on a boat ramp or shore is admissible against the operator the same way it would be on a roadside.

The hidden cost is the prior-counting rule, and it is routinely described backwards. A first-offense BOAT-OWI conviction in Waterford is a forfeiture of $150 to $300 under § 30.80(6)(a)1., no jail, no criminal record. But it does count as a prior within the boating regime: under § 30.80(6)(a)2., a second boating or refusal conviction within 5 years carries $300 to $1,000 and 5 days to 6 months in jail. It does not count toward a vehicle OWI. § 343.307(1) sets out what a court counts for a vehicle-OWI penalty, and boating, snowmobile and ATV convictions are not on that list. We counsel BOAT-OWI clients about the real exposure, which is the 5-year boating ladder, not a phantom vehicle-OWI prior.

Waterford sits in southwestern Racine County, but the village's commercial reach and resident commute pattern extend into Waukesha County to the north. Highway 83 north of the village crosses the county line; Highway 36 connects Waterford to Mukwonago in Waukesha County; the village commercial district draws customers from both counties.

For criminal defense, the county line matters. A speeding stop or OWI investigation a quarter mile north of the Racine County line is filed in Waukesha County Circuit Court, not Racine. Waukesha County's DA's office runs a different charging and plea posture than Racine County's; the trial calendar is faster; the bond schedules are different. We handle cases in both jurisdictions for Waterford-area clients, but it is worth knowing at the time of the stop which county the conduct occurred in, because that determines everything that follows.