Call Us Now
Email Us Now
Educating Clients on the Potential Penalties and Defense Strategies for Impaired Driving Charges
In the state of Wisconsin, drunk driving falls under the umbrella of operating a vehicle while intoxicated, also known as an OWI. An OWI can be a civil infraction, misdemeanor offense, or felony charge, depending on the circumstances. It’s important to understand what kind of charges you’re up against and work with an experienced OWI law firm.
If you’ve been charged with operating a vehicle while intoxicated, contact the DUI attorneys at West & Dunn. Our firm helps those in Manitowoc, WI, and the surrounding areas address these charges so they can get back to their lives.
In addition to DUI and OWI cases, 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 Manitowoc attorneys can provide the legal representation needed to help you with a variety of cases. Call us today to learn more about your options.
Do You Have to Have a Certain Blood Alcohol Content to Be Arrested?
While there is a specific legal limit for blood alcohol concentration, you don’t have to be above this limit to receive an OWI. If the officer believes that you are showing signs of impairment, you can be charged even if a Breathalyzer or other chemical test shows that you are under the legal limit.
The most common legal limit for blood alcohol concentration in Wisconsin is 0.08, but some people are subject to lower limits. Commercial motor vehicle drivers must have a 0.0 blood alcohol result — also known as absolute sobriety. A driver operating a commercial vehicle must also not have consumed any alcohol in the four hours before starting their shift. Those under the legal drinking age of 21 are also subject to the absolute sobriety limit of 0.0.
Those who have at least three previous OWIs can be charged with a fourth or subsequent OWI if their blood alcohol content is higher than 0.02.
Having a blood alcohol content above 0.08 can also result in more serious charges. For example, the fines are doubled for a BAC between 0.17 and 0.199 if it’s a third or subsequent offense. These fines are tripled for a BAC between 0.20 and 0.249 and are four times the usual amount for a BAC of 0.25 or higher.
What Are the Penalties for a DUI OWI?
Under Wisconsin law, you can face criminal charges for operating a vehicle while intoxicated if it is your second offense or if you caused an accident while driving that resulted in the injury or death of another person. A first-offense OWI is not a criminal charge. It is a civil infraction that only requires you to pay a forfeiture of $150-$300 — much like a speeding ticket or other traffic violation. Refusing a chemical test is also not something you can be charged with, but it does carry the penalty of having your driver’s license suspended and your driving privileges revoked.
A second-offense OWI or a first-offense OWI that causes someone’s injury or death are criminal charges. Your second and third OWIs are still misdemeanor charges, which means they are punishable by less than one year in jail and a fine of less than $2,000. A fourth or subsequent OWI is a felony charge, and these carry much more serious penalties, including multiyear prison sentences and large fines.
If you are convicted of an OWI that caused someone’s death, you will have a felony conviction on your criminal record and could face up to 25 years in prison for a first offense or 40 years in prison for a subsequent offense.
Are Drunk Driving Checkpoints Legal in Wisconsin?
While drunk driving checkpoints are often used in other states, these are illegal in Wisconsin. Police officers are prohibited by law from being able to set up checkpoints or stop drivers at random to see if they show any signs of impairment. To be able to conduct a traffic stop, officers must have the reasonable suspicion that a crime has been committed — also sometimes referred to as probable cause. Legal reasons to stop your vehicle include but aren’t limited to veering outside of the lane markers, turning without signaling, and driving erratically. If you believe that an officer stopped your car without cause and this led to OWI charges, speak with a DWI attorney as soon as possible.
Are Breathalyzer Tests Required?
When you are stopped by police and suspected of driving under the influence, it’s common for the officer to request that you submit to a field sobriety test or a chemical test, such as a Breathalyzer. Under Wisconsin law, you are allowed to decline a field sobriety test. These are the roadside cognition and balance tests you often see in movies or TV shows. However, the officer can then request that you take a chemical test, which can include a Breathalyzer, blood, or urine test.
Under Wisconsin law, you are required to comply with a chemical sobriety test, and if you refuse, your license is suspended for one year. This means you won’t be able to drive a motor vehicle for any purpose, including going to and from work. Because a first-offense OWI doesn’t result in any criminal charges, you could inadvertently cause yourself more difficulties by refusing to submit to the test.
Do I Need an Attorney for Drunk Driving Charges?
Drunk driving charges are serious, and you need an experienced lawyer to fight for your rights and mitigate any potential consequences as much as possible. An attorney can help you understand what type of charges you’re facing — or whether it’s just a civil infraction — and what could happen if you’re convicted. They will outline your legal options and provide counsel on what is the right choice for your situation.
If you’re facing OWI charges in the Manitowoc area, call the criminal law firm of West & Dunn at 608-490-9449 to schedule your initial appointment.