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Defending Clients Against OWI Charges
You’re driving home after a late shift and see flashing lights behind you. You pull over, and the officer approaches, saying he noticed you were swerving in and out of the lane. He asks if you will consent to a field sobriety test. At this moment, you realize that he suspects you of driving under the influence. This can be a scary thing to deal with, and it’s normal to be unsure of what to do in this situation. However, being pulled over for suspicion of operating a vehicle while intoxicated can result in criminal charges.
When you’re facing OWI charges in Wisconsin, get help from the DWI attorneys at West & Dunn. Our team has handled dozens of these types of cases for clients under a variety of circumstances. We understand what the law requires and are prepared to advocate for your rights and help you beat these charges.
Aside from DUI and OWI cases, our law firm also handles cases in the following areas:
- Veterans Disability
- Criminal Defense
- Real Estate
- Appellate Litigation
- Business Law
- Civil Litigation
- Collections
- Estate Planning
- Municipal Law
Our Waunakee attorneys can provide the legal representation needed to help you with a variety of cases. Call us today to learn more about your options.
What Qualifies as a DUI OWI Offense?
While you’ve probably heard drunk driving charges referred to as DUIs, Wisconsin classifies these incidents as OWI, which is short for operating while intoxicated. You can be charged with an OWI if you are operating a motor vehicle while under the influence of any substance that could impair your abilities. It’s important to note that the law allows for OWI charges while operating or driving the vehicle, which means you don’t actually have to be in the process of driving to be arrested and charged with an OWI.
Some people believe that an OWI charge can only be used if you are driving drunk, but this isn’t the case. You can be charged with an OWI if you are operating under the influence of any impairing substance, including a medication you have a prescription for.
Is an OWI a Misdemeanor or a Felony?
Whether an OWI is charged as a misdemeanor or a felony depends on the circumstances of the case. If you are pulled over and arrested without any other incident, a first-offense OWI is a civil infraction and second and third offenses are misdemeanors. A fourth or subsequent OWI charge would be a felony. However, if you are charged with OWI after causing an accident that injured someone, the classifications are different. A first-offense OWI when someone was injured is a misdemeanor, and any subsequent offenses are felonies. If someone was killed because you were driving under the influence, even a first offense is a serious felony charge.
In some cases, it may be possible for DWI lawyers to get your charges reduced, which can help you avoid the more significant penalties that are associated with felony charges. Contact our legal team to find out how this works and what you need to be aware of.
How Do I Know If the Traffic Stop Was Legal?
One of the first questions a DWI attorney is likely to ask you is what happened before and during the traffic stop. Officers must have a reasonable suspicion that a crime has been committed or is being committed or must see a traffic violation to pull you over. Officers cannot pull drivers over at random to see if they are under the influence. However, not using your turn signal, speeding, or crossing over the lane markers are all legitimate reasons to be pulled over.
Once the officer approaches your vehicle, they will be analyzing your speech patterns, seeing if they can smell alcohol on your breath, and looking for obvious signs of substance use, such as an open container or drugs visible in the car.
Can I Refuse a Breathalyzer?
Wisconsin is an implied consent state, and this means that you agree to submit to chemical sobriety tests by holding a Wisconsin driver’s license. A police officer cannot force you to take a Breathalyzer or other chemical sobriety test, but there are penalties if you refuse. For your first chemical test refusal, your license is automatically suspended for one year.
It’s important to understand that because a first-offense OWI in Wisconsin is only a civil infraction, the penalties for refusing the Breathalyzer test are more serious than the penalties for being charged with a first-offense OWI.
Keep in mind that these penalties only apply to refusing a chemical test. You are allowed to refuse a field sobriety test, which usually involves walking heel to toe or balance tests. However, most officers will immediately request a chemical test if you refuse a field sobriety test, so the outcome is often the same.
Do Criminal Defense Lawyers Handle OWI Cases?
Criminal defense lawyers handle all types of criminal charges and are the type of attorney you need for OWI cases. Even though a first-offense OWI isn’t a criminal charge, it’s still a good idea to talk with a criminal and traffic defense attorney about your case as soon as possible after you’re stopped and issued the citation. There may be options to fight the citation so that you don’t have a first offense on your record. If you have been arrested and charged with any other OWI charge, speak to an OWI lawyer immediately.
An OWI conviction can mean time in jail, a substantial fine, and having your driver’s license revoked. If it’s a subsequent offense or you were involved in an accident that injured someone, you could even be facing serious felony charges. Let the team at West & Dunn help you fight back against OWI charges and protect your freedom. If you were charged with OWI in Waunakee, WI, our team is here to help. Call our office at 608-490-9449 to get the process started.