Operating While Intoxicated (OWI)
Being charged with an OWI is a serious matter that demands immediate and strategic legal attention. Wooley Law uses a comprehensive approach to review evidence, challenge procedures, and advocate for your rights. We understand the stakes involved and are dedicated to providing a strong defense tailored to your case.
Drunk driving or driving under the influence of drugs, commonly referred to as Operating While Intoxicated (OWI), is strictly enforced throughout Wisconsin. If suspected of OWI, Law Enforcement may conduct or review the following factors during a traffic stop:
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Blood Alcohol Concentration (BAC) Limits: Wisconsin follows the standard BAC limit of 0.08% for drivers aged 21 and older. However, lower BAC limits apply to commercial drivers (0.04%) and drivers under the age of 21 (0.00% or zero tolerance).
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Field Sobriety Test (FST): Voluntary test used to assess a driver's level of impairment during a traffic stop.
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Implied Consent Law: Mandates drivers must consent to chemical testing (breath, blood, or urine) if lawfully arrested for OWI. Refusal to submit to chemical testing can result in immediate license suspension and other penalties.
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Enhanced Penalties for Aggravating Factors: High BAC levels, multiple OWI convictions, accidents causing injury or death, and driving with a passenger under the age of 16 may increase the ticket's penalities.
If convicted of an OWI in Wisconsin, you may face one or more of the following penalties:
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Ticket Fines: Imposed ticket fine for the violation, often dependent on the arresting county or any present aggravating circumstances.
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Driver's License Suspension or Revocation: Set period of time in which the offender cannot operate a vehicle or their license is considered no longer valid.
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Ignition Interlock Device (IID): In Wisconsin, certain OWI offenders may be required to install an ignition interlock device (IID) in their vehicles. An IID measures the driver's BAC level before allowing the vehicle to start and may be mandated as a condition of license reinstatement.
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Alternative Programs: Wisconsin offers alternative programs such as the Alcohol or Other Drug Treatment Programs (AODA) for first-time OWI offenders. Programs may allow offenders to avoid some of the traditional penalties by completing education or treatment requirements.
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Jail Time: A 1st OWI offense will not impose jail time, however a if there is more than one OWI offense, jail time can range from 5 days to a year.
Why Was I Charged With OWI?
In Wisconsin, a driver may be charged with an OWI if you are found to be driving or operating a vehicle while impaired by alcohol, drugs, or a combination of both.
An OWI charge can result from failing field sobriety tests, having a blood alcohol concentration (BAC) of 0.08% or higher, or showing significant signs of impairment regardless of BAC.
A driver can be charged with OWI even if they are initially pulled over for a non-OWI related offense, such as speeding, a moving violation, or an equipment violation.
What is Field Sobreity Test?
If a driver is pulled over for an OWI in Wisconsin, participation in Field Sobriety Tests is considered voluntary. Tests are typically completed at the time and location of the traffic stop and may include the following tests:
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Horizontal Gaze Nystagmus (HGN): The officer will observe the driver's eyes as they track a moving object horizontally. Involuntary jerking of the eyes may become more pronounced when a person is impaired by alcohol or drugs
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Walk-and-Turn (WAT): The driver is asked to take a series of steps along a straight line, heel-to-toe, and then turn and return in the opposite direction. The officer looks for indicators of impairment, such as the inability to maintain balance or follow instructions.
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One-Leg Stand (OLS): The driver is instructed to stand on one leg while raising the other leg off the ground and counting aloud for a specified period. The officer observes for signs of swaying, hopping, or other indicators of impairment.
If a driver is arrested for OWI based on the results of Field Sobriety Tests or other evidence, Wisconsin's Implied Consent Law requires drivers arrested for OWI to submit to chemical testing (breath, blood, or urine) to determine their blood alcohol concentration (BAC). Refusing chemical testing may result in a Refusal Charge with additional penalties.
Why Was I Charged With a Refusal?
If the driver refuses to submit to a chemical test, such as a breathalyzer, blood, or urine test, being arrested for OWI, the driver will also be charged with Refusal To Submit to Chemical Testing, which is part of Wisconsin's implied consent law.
Pennalities for a Refusal charge is separate from the OWI charge and may include the following:
Wisconsin drivers charegd with a Refusal only have 10 days to file a motion to challenge the license revocation. Failing to complete this filing means the license revocation automatically goes into effect.
Although both an OWI charge and a Refusal charge are very serious, many drivers find that the Refusal ends up being more concerning than the OWI conviction, due to the mandatory license revocation period, IID requirement, and not knowing to complete the motion filing right away.
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1 Year drivers license revocation.
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Ignition Interlock Device (IID) installation for full revocation period.
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Completion of an Alcohol & Other Drug Assessment (AODA) program.
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Waiting period before applying for an occupational license of up to 120 days.
OWI 1st:
In Wisconsin, an OWI 1st is not charged as a criminal offense, however, there are still serious consequences that will be imposed.
Ticket fines range from $150-$350, plus a mandatory $435 OWI surcharge. The driver's license may be suspended up to 9 months, and an Ignition Interlock Device (IID) may also be required to be installed in the driver's vehicle, with an overall cost of over $1000.
An OWI is not just a traffic ticket, it is considered a civil offense. An OWI conviction will appear on background checks and cannot be removed off of the public record. Being convicted of an OWI may have further concequences with a current or future job, insurance eligibiltiy and rates and effect your job, and will remain on a driving abstract.
OWI 2nd:
If a 2nd OWI occurs within 10 years of the 1st offense, you will be facing Criminal Charges with severe penalties.
Ticket fines range from $350-$1100, plus a mandatory $435 OWI surcharge. Convicted drivers will face jail time, from 5 days up to 6 months, with a driver's license revocation period of 12 to 18 months. An Ignition Interlock Device (IID) will be required for 12 to 18 months, limiting Blood Alcohol Concentration (BAC) levels to 0.02 percent. An Alcohol and Other Drug Assessment program, costing about $250, may also be mandated to determine if further alcohol or drug treatment is necessary.
Penalties may be influenced by factors such as prior criminal history, the presence of aggravating factors and/or the discretion of the judge presiding over the case.
