What to Expect When Charged with an OWI in Wisconsin
Getting charged with a OWI (Operating Under the Influence) in Wisconsin can be an overwhelming and frightening experience.
The State of Wisconsin uses the term OWI. Other states may have a different acronym, such as: DWI, DUI, OMVI, or DUII. These are all different ways of describing the same offense - you were caught operating a vehicle on a public roadway while intoxicated.
Understanding the legal process, potential consequences, and how to protect your rights can make a significant difference in how your case is resolved. This guide will walk you through what to expect after being charged with a OWI in Wisconsin, from the initial arrest to the possible outcomes.
1. The Initial Arrest
When you’re pulled over under suspicion of driving under the influence, the officer will look for signs of intoxication, such as slurred speech, the smell of alcohol, or impaired motor skills. If the officer suspects you are intoxicated, you may be asked to perform field sobriety tests and take a preliminary breath test (PBT) to measure your blood alcohol concentration (BAC).
Important Note: Wisconsin’s legal limit for BAC is 0.08% for most drivers. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, Wisconsin enforces a zero-tolerance policy, meaning any detectable amount of alcohol can result in an OWI. In most instances, if you have a revoked license, your BAC threshold is set to 0.02%.
If the officer has probable cause, you will be arrested and taken into custody. The officer may conduct further chemical tests, such as a breathalyzer or blood test, to confirm your BAC.
2. Booking and Release
Once arrested, you’ll be taken to the police station for booking. During this process:
Your personal information and the details of the arrest will be recorded.
You may be photographed and fingerprinted.
You’ll either remain in custody, sometimes in a single or multi-person cell, or be released on bond.
If released, you’ll receive a Notice of Intent to Suspend, which outlines your obligation to appear in court and your right to challenge the suspension of your driver’s license. The Notice of Intent to Suspend is separate from the criminal case.
3. Administrative Suspension of Your License
In Wisconsin, a DUI charge triggers two separate processes: a criminal case and an administrative license suspension. If you refused to submit to chemical testing, you face an automatic license revocation under Wisconsin’s implied consent law.
Timeframe to Act: You have 10 days from the date of your arrest to request a hearing to contest the license suspension. Failing to act within this timeframe will result in an automatic suspension of your license by the State of Wisconsin.
4. Preparing for Court
After your arrest, you’ll receive a court date for your initial appearance. This marks the beginning of your criminal case. During this process:
You will be formally charged and asked to enter a plea (guilty, not guilty, or no contest).
Your attorney will have the opportunity to review the evidence against you, including police reports, breathalyzer results, and video footage, if available.
5. Potential Penalties for a OWI Conviction
Wisconsin has strict penalties for OWI convictions, which vary depending on factors such as your BAC level, whether this is your first offense, and whether anyone was injured. Here’s what you might face:
First Offense:
Fine: $150–$300 plus surcharges.
License Revocation: 6–9 months.
No jail time (unless a minor was in the car).
Second Offense:
Fine: $350–$1,100 plus surcharges.
Jail Time: 5 days to 6 months.
License Revocation: 12–18 months.
Third Offense:
Fine: $600–$2,000 plus surcharges.
Jail Time: 45 days to 1 year.
License Revocation: 2–3 years.
Aggravating Factors:
High BAC: If your BAC is 0.15% or higher (“twice the legal limit”), additional penalties may apply.
Causing Injury: If the OWI resulted in an accident with injuries, you could face serious felony charges.
Causing Death: If the OWI resulted in one or multiple people passing away, you could face serious felony charges.
Causing Property Damage: If you hit public property, like a light pole, or private property, like someone’s car or home, you will be held liable for those damages. There is potential for additional fines by the courts, and in the case of private property damage, additional legal action against you by the affected people(s).
Child Passenger: Driving under the influence with a minor in the vehicle increases penalties significantly.
Important Note: Additional penalties beyond what we've listed may be imposed depending on the crime(s) committed, the circumstances of your arrest, your behavior during and after the incident, your demeanor in court, your adherence to any court-orders, as well as the discretion allowed to judges in sentencing. These factors (and others) can significantly influence the outcome of your case and should not be overlooked.
6. The Role of Your Attorney
Hiring an attorney is crucial when facing a OWI charge. A skilled attorney can:
Challenge the validity of the traffic stop or the accuracy of the BAC tests.
Negotiate plea deals to reduce charges or penalties.
Represent you at both the administrative hearing and criminal trial.
Remember: While Wisconsin does not criminally penalize a first-offense OWI, the impact on your driving record, insurance rates, and daily life can still be significant.
7. Consequences Beyond the Courtroom
A DUI conviction in Wisconsin carries consequences that extend beyond fines and jail time:
Increased Insurance Rates: You’ll likely face significantly higher premiums for motor vehicle insurance, for up to several years after being charged.
Ignition Interlock Device (IID): For repeat offenders or those with high BAC levels, Wisconsin law mandates the installation of an IID at your expense.
Employment Impact: Some employers may take action if your job requires a clean driving record or involves operating a vehicle.
8. Steps to Take After Being Charged
Here’s what you should do if you’re accused of a DUI in Wisconsin:
Document Everything: Write down the details of the arrest, including the officer’s actions and statements.
Request a Hearing: If you want to contest the license suspension, act within the 10-day window.
Hire an Attorney: Consult with an attorney with experience in Wisconsin DUI laws as soon as possible.
Follow Legal Advice: Your attorney can help you understand your options and guide you through the legal process.
9. Avoiding Future Incidents
If convicted, it’s essential to take steps to prevent future OWIs:
Enroll in an Alcohol Education Program: In the State of Wisconsin, many offenders are required to complete these courses, which are referred to as “Intoxicated Driver Program” (IDP).
Find Alternative Transportation: Call a sober friend, or use ride-sharing apps, taxis, or public transit instead of driving if you’ve been drinking.
Reevaluate Your Drinking Habits: Seek support if you believe alcohol abuse is contributing to your behavior.
10. Get Representation
Facing a DUI charge in Wisconsin is a serious matter, but you don’t have to navigate the process alone. At Gerard Law Firm, we are committed to protecting your rights and helping you achieve the best possible outcome. Whether it’s your first offense or a repeat charge, we’ll work tirelessly to build a strong defense on your behalf.
Contact Us Today:
📞 (414) 690-9872
💻 www.gerardlaw.org/contact
Don’t let an OWI charge define your future—let us help you take control of your case.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Gerard Law Firm. For advice regarding your specific legal situation, please contact a qualified attorney. If you wish to retain Gerard Law Firm, you must sign a formal agreement. Always seek professional legal counsel for advice tailored to your unique circumstances.
