Best Drunk Driving Lawyers in Wisconsin

About Drunk Driving Law in Wisconsin, United States

Drunk driving, commonly referred to as Operating While Intoxicated (OWI) in Wisconsin, is a serious criminal offense. The state has strict laws in place to prevent individuals from operating vehicles under the influence of alcohol or drugs. OWI offenses can include driving with a blood alcohol concentration (BAC) of 0.08 percent or higher, being impaired by drugs or alcohol regardless of BAC level, or refusing to take a chemical test when suspected of impairment. Wisconsin's legal system takes these offenses seriously to ensure the safety and well-being of everyone on the road.

Why You May Need a Lawyer

If you are charged with drunk driving in Wisconsin, having legal representation can be crucial. Here are several situations where hiring a lawyer is beneficial:

• Contesting the charges or seeking a dismissal if you believe the arrest was improper
• Negotiating plea deals that could lessen penalties or avoid jail time
• Dealing with first-time or repeat offenses, which can significantly impact penalties
• Navigating driver's license suspension or revocation hearings
• Understanding the implications of refusing a chemical test
• Guidance through the legal process, especially for those unfamiliar with court procedures
• Addressing potential impacts on employment, insurance, and other aspects of your life
• Ensuring your rights are protected during police stops, questioning, and court proceedings

A knowledgeable attorney can help you understand your options and work toward the best possible outcome for your situation.

Local Laws Overview

Wisconsin's OWI laws establish a framework for defining, prosecuting, and penalizing drunk driving. Key aspects include:

• Legal BAC Limit: It is illegal to drive with a BAC of 0.08 percent or higher for most drivers. For commercial drivers, the limit is 0.04 percent, and for drivers under the age of 21, Wisconsin has a zero-tolerance policy for any detectable alcohol concentration.
• Implied Consent Law: By operating a vehicle in Wisconsin, you have given implied consent to submit to breath, blood, or urine testing if a police officer suspects you of impaired driving. Refusing a test can result in automatic license revocation and other penalties.
• Penalties: First-time OWI offenses can result in fines, license suspension, and mandatory alcohol assessment. Penalties increase for repeat offenders and may include jail time, longer license revocation, ignition interlock device requirements, and felony charges for severe or repeat cases.
• Aggravating Factors: Having a minor in the vehicle, causing injury or death, or very high BAC levels can increase penalties.
• Occupational Licenses: In some cases, drivers may apply for an occupational license to drive to work or school during a period of license suspension or revocation.

Understanding these laws is important, as even a first-time offense can have serious and long-lasting consequences.

Frequently Asked Questions

What is the difference between OWI, DUI, and DWI in Wisconsin?

In Wisconsin, the most common term is OWI, which stands for Operating While Intoxicated. DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used in other states but generally refer to similar offenses.

What happens if I refuse a breathalyzer or chemical test?

Refusing a chemical test can lead to an automatic driver's license revocation and may result in additional penalties, including mandatory installation of an ignition interlock device.

Will I go to jail for a first-time OWI offense?

Jail time is not usually required for a first-time OWI without aggravating factors, but you may face fines, license suspension, and mandatory alcohol assessment. Aggravating factors could result in jail time.

How long will my license be suspended after an OWI arrest?

The length of suspension depends on several factors such as prior offenses and whether you refused a chemical test. A first offense typically results in a 6 to 9 month suspension.

Can I get an occupational license after my OWI?

Yes, in many cases, you may be eligible for an occupational license to go to work or school during your suspension period. Specific eligibility requirements apply.

What are the penalties for a second or subsequent OWI?

Penalties increase with each offense and may include higher fines, longer jail sentences, longer license revocation periods, ignition interlock device requirements, and felony charges.

Is drunk driving a felony in Wisconsin?

Drunk driving becomes a felony on a fourth offense or any time someone is injured or killed as a result of the offense.

What is an ignition interlock device and when is it required?

An ignition interlock device is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. It is required for certain repeat offenders and drivers with high BAC levels.

Can drunk driving affect my insurance?

Yes, an OWI conviction will almost always result in higher insurance rates and possible loss of coverage by your current insurer.

How long does an OWI stay on my record?

An OWI conviction in Wisconsin remains on your driving and criminal record for life and can affect future legal proceedings and insurance.

Additional Resources

If you are facing a drunk driving charge in Wisconsin or need further information, the following resources can be helpful:

• Wisconsin Department of Transportation - Information on license suspension, occupational licenses, and operating under the influence.
• Wisconsin State Legislature - Access to the full text of state OWI statutes.
• State Public Defender’s Office - Legal help and resources for those unable to afford private counsel.
• Local municipal court websites - Information on court procedures and local requirements.
• Nonprofit advocacy groups - Such as Mothers Against Drunk Driving (MADD), for additional support and resources.

Next Steps

If you have been arrested or charged with drunk driving in Wisconsin, here is what you should consider doing next:

• Consult an attorney experienced in OWI cases as soon as possible to understand your rights and potential defenses.
• Do not discuss your case with law enforcement or prosecutors without a lawyer present.
• Collect any documents and evidence related to your case, including the police report and correspondence from the DOT or court.
• Follow all court orders and deadlines, such as appearances and paperwork submissions.
• Consider seeking an alcohol assessment or treatment if required by the court or as a proactive step toward resolution.

Taking prompt action and seeking qualified legal advice is essential. An attorney can help minimize the impact on your life and guide you through the complex legal process.