Understanding OWI in Wisconsin: What You Need to Know

Operating While Intoxicated (OWI) in Wisconsin is a serious offense that can have lasting legal and financial consequences. Whether you are facing your first OWI charge or have prior offenses, understanding the law, potential penalties, and your legal rights is crucial. At Scott-Johnson & Smith LLP, we are committed to helping you navigate the complexities of OWI cases and protecting your rights.

What is OWI in Wisconsin?

In Wisconsin, OWI refers to operating a motor vehicle while under the influence of alcohol or drugs to a degree that renders you incapable of safely driving. This includes:

• A Blood Alcohol Concentration (BAC) of 0.08% or higher for most drivers.

• A BAC of 0.04% for commercial drivers.

• A BAC of 0.02% for drivers under the age of 21 (Wisconsin’s Zero Tolerance Law).

• Driving while impaired by controlled substances, prescription medications, or other intoxicants.

Penalties for OWI in Wisconsin

The penalties for an OWI conviction depend on the number of prior offenses and other aggravating factors. Here is a general overview:

First Offense (Non-Injury OWI)

• Fine: $150 – $300 (plus surcharges)

• License Suspension: 6 to 9 months

• Ignition Interlock Device (IID) or Sobriety Program: Required if BAC is 0.15% or higher

• No jail time, unless there are aggravating factors

Second Offense

• Fine: $350 – $1,100 (plus surcharges)

• License Suspension: 12 to 18 months

• Jail Time: 5 days to 6 months

• IID Requirement: Mandatory

Third Offense

• Fine: $600 – $2,000 (plus surcharges)

• License Suspension: 2 to 3 years

• Jail Time: 45 days to 1 year

• IID Requirement: Mandatory

  
  

For subsequent offenses, penalties become increasingly severe, including longer jail sentences, higher fines, and extended license revocations. If an OWI results in injury or death, the charges can escalate to felony status, leading to significant prison time and long-term consequences.

Defenses Against OWI Charges

A strong legal defense can make a significant difference in the outcome of an OWI case. Common defenses include:

• Challenging the traffic stop – Was there a valid reason for law enforcement to stop your vehicle?

• Questioning field sobriety tests – Were the tests conducted properly, and are they reliable?

• Disputing BAC results – Were there errors in the breathalyzer or blood test procedures?

• Medical conditions or external factors – Could medical conditions, diet, or other factors have influenced BAC readings?

What to Do If You Are Arrested for OWI

1. Remain Calm and Polite – Cooperate with law enforcement but remember your rights.

2. Exercise Your Right to Remain Silent – You are not obligated to answer incriminating questions without an attorney present.

3. Document Everything – Write down details of the arrest, including the officer’s conduct and testing procedures.

4. Contact an Attorney – Contact an experienced OWI defense lawyer immediately.

   
   

How Scott-Johnson & Smith LLP Can Help

Facing an OWI charge can be overwhelming, but you don’t have to go through it alone. At Scott-Johnson & Smith LLP, we provide aggressive and strategic defense for OWI cases. Our attorneys analyze every aspect of your case to challenge evidence and seek the best possible outcome, whether that means reduced charges, dismissed cases, or alternative sentencing options.

If you or a loved one has been charged with OWI in Wisconsin, contact us today for a consultation. The sooner we begin working on your defense, the better your chances of a favorable resolution.

About Scott-Johnson & Smith LLP Scott-Johnson & Smith LLP is a law firm dedicated to delivering justice, advocacy, and service. Based on the principles of equity, service, and integrity, we’re committed to providing top-tier legal representation for individuals and families in the community.

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For more information about Scott-Johnson & Smith LLP, please visit www.sjsllp.com or call

Illinois: (708) 468-1086 | Wisconsin: (414) 710-1391.