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Having a drink or two with friends after work or on the weekend can be a way to unwind and have fun. But operating a vehicle while under the influence of any impairing substance — including alcohol — can result in criminal charges and substantial penalties. Understanding how OWI laws work in Wisconsin can help you know what to expect if you’re stopped by police or charged with OWI.
Don’t make the mistake of underestimating the seriousness of an OWI. If you’ve been charged with an OWI or received a citation, call the DUI lawyers at West & Dunn to find out what you need to do next.
In addition to DUI and OWI, Our law firm also handles cases in the following areas:
- Criminal Defense
- Veterans Disability
- Real Estate
- Appellate Litigation
- Business Law
- Civil Litigation
- Collections
- Estate Planning
- Municipal Law
Our Baraboo 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 Is the Legal Limit for Blood Alcohol Concentration in Wisconsin?
For most people, the legal limit for blood alcohol concentration in Wisconsin is 0.08. While each person metabolizes alcohol differently, in general, this equates to about three drinks for a 150-pound man in one hour or two drinks for a 150-pound woman in one hour. However, this only applies to those who are operating recreational vehicles and who are of legal drinking age.
Anyone who is under the legal drinking age of 21 can be charged with OWI if they have a blood alcohol level above 0.0. Commercial drivers, such as those driving tractor trailers, must also have a blood alcohol level of 0.0 and have not had any alcohol for at least 4 hours before beginning their drive.
If someone has at least three prior OWI convictions, the legal limit is reduced to 0.02.
Is Drunk Driving a Criminal Offense in Wisconsin?
In most states, a drunk driving offense results in a criminal charge, but this isn’t always the case in Wisconsin. If it’s your first offense and no one was injured as a result of the impaired driving, an OWI is only a civil infraction. The penalty is a simple fine of $150 to $300, making this a fairly minor incident. However, the important thing to be aware of is that subsequent offenses are criminal charges. You can be charged with either a misdemeanor or felony, depending on the circumstances surrounding the arrest.
When Is an OWI a Felony?
Many DUI cases are misdemeanors in Wisconsin, which means those convicted could face up to one year in jail and a fine of no more than $2,000. However, there are some circumstances that can escalate these charges to a felony. If you are charged with a simple OWI but it is your fourth or subsequent offense, you can be charged with felony OWI. A second-offense OWI causing injury is charged as a felony, and any OWI causing death is charged as a felony.
There are also extenuating circumstances that can raise the severity of charges. For example, having a passenger under the age of 16 in the car can make a first-offense OWI a misdemeanor charge and make a third-offense OWI a felony instead of the usual misdemeanor.
What Does a Police Officer Need for a Legal Traffic Stop?
Drunk driving checkpoints and random sobriety stops are prohibited in Wisconsin. This means that officers must have probable cause to stop you. Probable cause means that the officer has the reasonable suspicion that you are in the process of committing a crime or have already committed a crime. For the purpose of being able to stop you, driving while intoxicated can be the suspected crime, but there must be some reason, such as swerving in traffic or driving erratically.
If an officer stops you for another reason, such as because your tail light is out and they smell alcohol on your person or see an open container in the car, this can give them reasonable suspicion to believe you may be driving while intoxicated. And it’s likely that they will ask you to take a field sobriety or Breathalyzer test.
Do I Have to Consent to a Sobriety Test?
Police officers use Breathalyzer and balance tests, also known as field sobriety tests, to help them identify drivers who may be operating while intoxicated. But do you have to agree to these tests if you’re stopped by an officer? The short answer is no. You can’t be compelled to undergo these tests, but there are serious penalties if you refuse.
In general, you are allowed to refuse a field sobriety test, but Wisconsin is an implied consent state. This means that any person who holds a Wisconsin driver’s license is assumed to consent to a chemical test. These include breath, urine, and blood tests. If they refuse one of these tests, they are subject to a license suspension of at least one year. This is on top of any penalties related to OWI charges.
What Is the Role of a Criminal Defense Lawyer in an OWI Case?
It may seem odd to need a criminal defense lawyer for what can be a simple infraction, but an OWI should always be taken seriously. A defense attorney is especially necessary if you have a previous OWI or have received an OWI that results in criminal charges. Serious penalties, including prison time and substantial fines, are possible, and a conviction will result in losing your driving privileges, which can make it difficult to keep your job and maintain your other responsibilities.
A criminal defense attorney is there to help you understand your charges, ensure your rights are protected, and be your legal advocate as you navigate the criminal justice system.
Call 608-490-9449 if you’re facing OWI charges in Baraboo, WI, to speak to a member of the team at West & Dunn. Our experienced attorneys can provide counsel and legal representation.