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Driving under the influence of any substance that can impair your ability to drive or make good decisions while operating a vehicle is illegal in Wisconsin. However, the Badger State has some unique laws when it comes to how drunk driving charges are prosecuted and what the potential consequences are.
In Wisconsin, drunk driving is called an OWI, which stands for “operating while intoxicated.” Knowing how the Wisconsin court deal with OWI charges and what drunk driving defense options there may be can help you understand your options if you’ve been arrested.
Get sound legal advice about your DUI defense options when you work with our Wisconsin DUI defense attorneys. Our criminal defense attorneys have years of experience helping clients in the local area defeat OWI charges, so we know what to look for in your drunk driving case and what options are available for your defense.
What Are the Different OWI Offenses and Drunk Driving Charges in Wisconsin?
Understanding your charges is the first step in mounting a defense. Most drunk driving cases fall under a simple OWI charge, but some DUI cases are more complicated. Below is a breakdown of the three possible types of OWI charges in Wisconsin.
OWI
You can be charged with a simple OWI if you are found to be operating a vehicle while under the influence of any type of intoxicant or controlled substance that affects your ability to safely drive. This includes having any detectable amount of a restricted controlled substance in your blood.
Examples of restricted controlled substances include methamphetamine, cocaine, and marijuana. To be charged with an OWI offense related to alcohol consumption, the prohibited alcohol concentration in blood is 0.08 in most cases.
However, certain people, such as those with previous DUIs or commercial drivers, may be subject to lower limits.
OWI Causing Injury, Great Bodily Harm, or Death
This charge is a more serious form of OWI that can happen if you are in an accident while driving under the influence of any impairing substance. If the accident causes injury or great bodily harm to another person — including a passenger in your vehicle — or someone dies, this charge applies.
Chemical Test Refusal
In the state of Wisconsin, you can face penalties if you refuse a chemical test related to a suspected OWI. A chemical test can be a Breathalyzer or a blood or urine test.
Refusing to take a chemical test when requested by a police officer is treated seriously under Wisconsin’s implied consent law. This law means that by driving on Wisconsin roads, you have already consented to submit to chemical testing if law enforcement has reasonable grounds to believe you are operating while intoxicated.
Refusal to comply with this request can result in immediate administrative penalties, including license revocation.
The length of license revocation for refusing a chemical test can vary depending on whether it is your first refusal or a subsequent refusal within a certain time frame. Typically, the first refusal results in a license revocation of at least one year, while repeated refusals can lead to longer revocations and additional penalties.
While refusing a chemical test does not carry criminal fines or jail time by itself, it can have serious consequences on your driving privileges and may be used against you in court as evidence of guilt. Additionally, refusal may complicate your defense strategy, making it essential to consult with an experienced OWI attorney promptly.
An OWI attorney can help you understand the specific implications of refusing a chemical test in your case and explore possible defenses or strategies to mitigate the consequences. They can also assist in navigating the administrative hearing process related to license revocation and work to protect your rights throughout the legal proceedings.
Can I Refuse a Sobriety Test in Wisconsin?
According to Wisconsin law, you are legally allowed to refuse a field sobriety test if asked to submit to one by a police officer.
However, the officer can then request that you take a chemical test. You do have the right to refuse a chemical test, but because Wisconsin is an implied consent state, refusing a chemical test results in an automatic revocation of your driver’s license.
Refusing Field Sobriety Test
It’s common for drivers to believe that they can beat OWI charges by refusing the test, but this isn’t always the case. If you were arrested for OWI and refused a chemical test, discuss your strategy with one of the criminal defense lawyers at West & Dunn.
Refusing a field sobriety or chemical test can have significant legal consequences beyond just license revocation. While refusal may seem like a way to avoid incriminating yourself, prosecutors may use the refusal as evidence against you in court, arguing that it indicates consciousness of guilt. Additionally, Wisconsin’s implied consent law means that refusal triggers administrative penalties that are separate from any criminal charges you may face.
Chemical tests typically include breath, blood, or urine tests, with breath tests being the most common at the roadside or police station. Blood tests may be required in some cases, especially if a breath test is refused or unavailable. Each type of test has its own procedures and potential defenses, so consulting with an experienced OWI lawyer is crucial to understand your rights and options.
If you choose to refuse a chemical test, you have the right to request an administrative hearing to contest the license revocation. An OWI attorney can assist you in navigating this process and may be able to challenge the validity of the revocation based on procedural errors or other factors.
It’s important to remember that refusing a test does not guarantee you will avoid criminal charges or penalties for OWI. The prosecution may still rely on other evidence, such as field sobriety tests, officer observations, or witness testimony. Therefore, making an informed decision about whether to submit to testing and how to proceed afterward is essential.
Ultimately, the best course of action if you are stopped on suspicion of OWI is to remain calm, be polite, and exercise your legal rights while seeking legal representation as soon as possible. An experienced Wisconsin OWI attorney can help you understand the implications of test refusals and develop a defense strategy tailored to your case.
What Are the Consequences for an OWI Conviction and Drunk Driving in Wisconsin?
The potential consequences of an OWI depend on the specific charges and whether you have any previous convictions. One of the unique things about Wisconsin is that a first-offense OWI isn’t a criminal charge.
Instead, it’s a civil infraction. There is no risk of jail time, but you can face a forfeiture — the legal term for a fine for a civil violation — of between $150-$300 and a 6-9 month loss of your driver’s license. However, a second-offense OWI is a criminal charge. It is punishable by up to 6 months in jail and a fine of up to $1,100.
A fourth DUI moves the charge from a misdemeanor to a felony and comes with a potential prison sentence of up to 6 years and a fine of up to $10,000. Subsequent offenses are increasing felonies, with the penalties topping out at up to 15 years in prison and a fine of up to $50,000 for a tenth or subsequent offense.
A first-offense OWI causing injury is charged as a misdemeanor and is punishable by up to one year in jail and a $2,000 fine. Subsequent offenses are felonies. A first-offense OWI causing death is a felony that carries a potential prison sentence of up to 25 years and a $100,000 fine. A subsequent offense can result in up to 40 years in prison.
Because a chemical test refusal isn’t a criminal charge, it doesn’t carry any jail time or fines, but it does result in your license being revoked.
Possible OWI Defenses and DUI Criminal Defense in Wisconsin
- Illegal Traffic Stop
If law enforcement did not have reasonable suspicion or probable cause to stop your vehicle, an OWI attorney may challenge the legality of the traffic stop. If the stop is deemed unlawful, any evidence obtained afterward, including breathalyzer results, could be inadmissible in court. - Improper Field Sobriety Tests
Field sobriety tests must be conducted according to specific protocols. If the officer failed to administer the tests correctly or if there were environmental factors that affected the results, an OWI attorney may challenge the reliability of the test results. - Breathalyzer/Intoxilyzer Malfunctions
Breathalyzer tests are not always foolproof. If the device was not calibrated properly, maintained, or administered correctly, an OWI attorney can argue that the results were inaccurate or unreliable. - Rising Blood Alcohol Concentration (BAC)
It’s possible that your BAC was under the legal limit at the time of driving, but increased afterward due to the absorption of alcohol. A criminal defense attorney may present evidence that your BAC was below the legal limit when you were actually driving. - Medical Conditions or Medications
Some medical conditions or medications can mimic the signs of impairment, such as slurred speech or poor coordination. Milwaukee DUI lawyers may argue that your symptoms were due to a medical condition rather than alcohol consumption. - Lack of Probable Cause for Arrest
To arrest someone for OWI, law enforcement must have probable cause. If a Milwaukee owi attorney can demonstrate that the officer lacked sufficient evidence or reason to make the arrest, the case may be dismissed. - False Positive Due to Diet or Other Factors
Certain foods or conditions, such as a low-carb diet or diabetes, may cause a false positive on a breath test. An OWI attorney can argue that your blood alcohol content reading was artificially elevated due to these factors, not actual intoxication. - Failure to Advise of Chemical Test Rights
In Wisconsin, you must be advised of your rights before taking a chemical test (blood, breath, or urine). If the officer failed to properly inform you of these rights, an OWI attorney can argue that the test results should be excluded. - Witness Testimony or Alibi
If you were not the person driving the vehicle or if there is an alibi that proves you were not impaired at the time of the incident, an OWI attorney can present this testimony as a defense. - Unlawful Search and Seizure
If the police did not have a warrant or probable cause to search your vehicle or seize evidence (such as an open container or alcohol), an OWI attorney near you can argue that the search violated your constitutional rights.
Why You Need a Wisconsin OWI Attorney
Facing an OWI charge can have serious legal, financial, and personal consequences, making it essential to have an OWI attorney near you who understands local laws and court procedures.
Every state has different OWI regulations, and an attorney familiar with your jurisdiction can identify potential defenses, negotiate plea deals, and challenge evidence such as breathalyzer results or field sobriety tests.
Local attorneys also have established relationships with prosecutors and judges, which can be beneficial when seeking reduced penalties or alternative sentencing options. By hiring an OWI attorney near you, you gain an advocate who can build a strong defense, protect your driving privileges, and work toward the best possible outcome in your case.
An experienced Wisconsin OWI attorney will also be well-versed in the intricacies of the state’s legal system, including the court system and court proceedings specific to OWI cases. This knowledge allows them to anticipate potential challenges and procedural issues that could affect your case.
Moreover, they can help you understand the consequences you may face, such as license revocation, mandatory jail time, ignition interlock device requirements, and mandatory AODA assessments.
In addition to legal expertise, a local OWI attorney often has a proven track record of successfully representing clients in the Milwaukee area and throughout Wisconsin. Their familiarity with local district attorneys and other lawyers involved in OWI cases can provide strategic advantages when negotiating or advocating on your behalf.
When Should I Talk to an OWI Attorney Near Me?
You should ask to speak with a Wisconsin OWI attorney as soon as you are arrested. DUI lawyers have in-depth knowledge of the Wisconsin OWI statutes and have experience practicing law in these areas. Drunk driving defense attorneys can analyze the details of your OWI case to figure out where the weak points may be that you can use for your defense.
For example, if the officer didn’t have probable cause to stop your vehicle or the Breathalyzer machine wasn’t calibrated properly, these can be important points for your Wisconsin drunk driving lawyers.
Even though a first-offense OWI may seem like no big deal under Wisconsin law, it can set the stage for more severe penalties if you are charged with any subsequent offenses in the future.
Let the team at the criminal defense firm of West & Dunn help you beat your charges. Our OWI defense attorneys are standing by to talk to you and help you with your OWI case.