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What is OWI?
Drunk driving is a serious problem in Wisconsin. In 2022 alone, there were almost 8,000 serious car accidents on Wisconsin roads, with alcohol contributing to 1/3 of the wrecks. These accidents claimed the lives of about 200 people and injured hundreds more. To combat this problem, the state of Wisconsin takes drunk driving seriously.
While many other states use driving under the influence (DUI) or driving while intoxicated (DWI) as the term for impaired driving, Wisconsin uses OWI. OWI stands for operating while intoxicated. The term covers a broader range of potential criminal behavior than DUI or DWI since an individual does not necessarily have to be driving a vehicle to be arrested.
The broader scope of OWI allows police officers to intervene in situations where an intoxicated person in control of a car may pose a risk but is not actively driving the vehicle. For example, if someone were sitting in a parked car with the motor running on the side of the road, and that person was above the legal blood alcohol level for driving, a Wisconsin police officer might arrest them for OWI.
A potential mitigating factor to an OWI arrest is if you had any children in the vehicle with you at the time. Even if you were not actively driving your car, you can still be arrested and charged with OWI if your BAC was above the legal limit. Potential penalties increase exponentially if you have children in the car at the time. That’s why, if you or a loved one have been arrested for OWI with a minor passenger, you must contact an experienced defense attorney.
Is OWI With a Minor in the Vehicle a Civil or Criminal Offense?
In many instances, a first-time OWI is a civil offense. Individuals convicted of a civil offense will generally not face any jail time. Instead, they will be penalized with fines and a license suspension or revocation. Additionally, they would probably have to attend mandatory drug and alcohol assessment classes and potentially a driving course.
OWI with a minor passenger is a criminal offense, even if you have never been arrested before. This means someone arrested for OWI with a minor passenger faces fines and license revocation, plus potential time in prison.
What Are the Penalties for OWI With a Minor in the Vehicle?
Wisconsin takes OWI with minors very seriously. In an effort to discourage drivers from both OWI and OWI with a minor, there are severe penalties in place. Having a minor in the vehicle while operating intoxicated is what is called an enhancer. An enhancer is an element of a crime that makes the penalties more severe. In this instance, OWI is the crime, while having a minor in the vehicle is the enhancer. This means someone convicted of OWI would face penalties for OWI, with enhanced penalties for having a minor present. Under Wisconsin law, a minor is defined as someone under 16.
Even for a first offense, someone convicted of OWI with a minor potentially faces enhanced penalties including but not necessarily limited to:
- Between $350 and $1,100 in Fines
- Between Five Days and Six Months in Jail
- A Revoked/Suspended License
If someone has previously been arrested for OWI or OWI with a minor, penalties will increase based on different factors. These factors can include how many times the person has been arrested before and their level of intoxication.
Depending on how intoxicated the driver was at the time of the arrest, penalties can double, triple, and potentially even quadruple. This is why, if you or a loved one were arrested for OWI with a minor, an attorney might be the only thing standing between you and prison time.
What are Potential Defenses to OWI With a Minor Passenger?
Just because someone was pulled over and arrested for OWI does not make them guilty. There are many potential defenses to an OWI arrest. A skilled defense attorney can review the specific circumstances of your case and help build a defense.
One potential defense is to challenge the traffic stop. A police officer must have reasonable suspicion to pull you over. Reasonable suspicion means the officer had reason to believe you had committed or were in the process of committing a crime. Even if the officer administered a breathalyzer test and it determined you were intoxicated, an attorney may be able to have the results suppressed if the officer didn’t have a reason to pull you over.
Another potential defense is challenging the accuracy of a breathalyzer test. Breathalyzers require regular maintenance and calibration. Many police departments do not take the upkeep and care of their breathalyzers seriously. A skilled attorney may be able to challenge the accuracy of the specific device used during your arrest.
These are only a few potential defenses to OWI with a minor passenger. Specific defenses will vary according to your precise circumstances. One of our skilled OWI attorneys can craft a custom defense strategy for you following a case review.
What Should I Do if I’m Arrested for OWI With a Minor Passenger?
OWI with a minor passenger is a serious offense. You could face years in prison, pay hefty fines, and end up with a criminal conviction whose stigma follows you for the rest of your life. No one wants to be known as a person who drove drunk with children in the car. If you or a loved one have been arrested for OWI with a minor passenger, it’s essential you contact one of the skilled defense attorneys at West & Dunn.
At West & Dunn, we believe in a strong yet compassionate defense. We don’t just consider the case; we consider the person. We’ll review the complete circumstances of your case and help develop a custom defense strategy designed to help you resume your life, conviction and stigma-free.
An arrest can be frightening, but it doesn’t have to be the end of the world. With an attorney from the West & Dunn team in your corner, you stand a fighting chance at freedom. If you or a loved one were arrested for OWI with a minor passenger, don’t hesitate to contact one of our team today at 608-975-3042 to schedule your case consultation.
