Best DUI & DWI Lawyers in Wisconsin

About DUI & DWI Law in Wisconsin, United States

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious offenses in Wisconsin. The state refers to these offenses as Operating While Intoxicated (OWI). Wisconsin law prohibits operating a motor vehicle while under the influence of alcohol or drugs, or with a prohibited blood alcohol concentration (BAC) of 0.08 percent or higher for most drivers. Wisconsin also has a "zero tolerance" policy for drivers under 21, meaning any detectable amount of alcohol can result in penalties. OWI charges can result from failing a chemical test or from evidence of impairment observed by law enforcement.

Why You May Need a Lawyer

Facing a DUI, DWI, or OWI charge can be stressful and intimidating. Many people require legal assistance for the following reasons:

• Understanding complex DUI & DWI laws and your rights under Wisconsin law
• Navigating the court system, especially for first-time offenders
• Defending against criminal charges that may lead to fines, license suspension, or jail time
• Expunging or reducing past DUI or OWI convictions from your record
• Addressing aggravating factors, such as high BAC, minors in the vehicle, or repeat offenses
• Negotiating plea deals with prosecutors
• Challenging the legality of the traffic stop, field sobriety tests, or chemical tests

An experienced DUI & DWI attorney can help protect your rights, analyze the evidence, and work towards the best possible outcome in your case.

Local Laws Overview

Wisconsin's laws regarding DUI & DWI, referred to as OWI, are outlined in Wisconsin Statutes Chapter 346. Key aspects include:

• Legal BAC Limits: For most drivers, the legal limit is 0.08 percent. For commercial drivers, the limit is 0.04 percent. Drivers under 21 must maintain a 0.00 percent BAC.
• Penalties: Penalties for OWI can include fines, driver's license suspension or revocation, mandatory alcohol assessment or education, ignition interlock device installation, and jail time, especially for repeat offenders.
• Implied Consent: By driving in Wisconsin, you have given implied consent to submit to chemical testing. Refusing to do so can result in license suspension and other penalties.
• Repeat Offenses: Wisconsin tracks prior offenses, with increasing penalties for each subsequent OWI within a ten-year period.
• Additional Factors: Penalties can be enhanced for high BAC, causing injury or death, or having a minor passenger in the vehicle.

It is important to take OWI charges seriously, as convictions stay on your driving record and can have long-term consequences.

Frequently Asked Questions

What is OWI, and how is it different from DUI or DWI in Wisconsin?

In Wisconsin, OWI stands for Operating While Intoxicated and is used interchangeably with DUI and DWI. All refer to impaired operation of a vehicle due to alcohol or drugs.

What happens if I refuse a breathalyzer or chemical test?

Refusal triggers an automatic administrative license suspension, typically for one year, and can add penalties to your case.

Is OWI a criminal offense in Wisconsin?

A first-time OWI is usually a civil offense, but subsequent offenses, high BAC levels, or aggravating circumstances elevate it to a crime.

How long does an OWI conviction stay on my record?

OWI convictions remain on your driving record for life. Prior convictions are considered for sentencing enhancements for ten years.

Can I get my license back after an OWI?

You may be eligible for a restricted license or occupational license during your suspension. After fulfilling suspension requirements, you can apply for reinstatement.

Will an OWI impact my insurance rates?

Yes, an OWI conviction often results in significantly higher insurance premiums and may require you to file SR-22 proof of insurance.

What if I was under 21 when arrested for OWI?

Wisconsin’s zero tolerance law applies. Any detectable BAC can lead to license suspension, fines, and other penalties.

What are the potential penalties for a first offense OWI?

Penalties for a first offense may include a fine, license suspension for six to nine months, and mandatory alcohol assessment, but not jail time unless aggravating factors exist.

Do I have to install an ignition interlock device (IID)?

An IID is required for all repeat OWI offenses, first offenses with a BAC of 0.15 percent or higher, or for those who refuse chemical testing.

Should I hire a lawyer for a first offense OWI?

While not required, hiring a lawyer can help you understand your legal options, protect your rights, and may improve your case outcome.

Additional Resources

Here are some reputable resources and organizations to help you navigate OWI charges in Wisconsin:

• Wisconsin Department of Transportation - Driver Services
• Wisconsin State Public Defender’s Office
• State Bar of Wisconsin - Lawyer Referral and Information Service
• Wisconsin Circuit Court Access (WCCA) for case lookup
• Local county legal aid or community legal clinics

These organizations can provide information about your rights, process steps, and referrals to qualified legal professionals.

Next Steps

If you are facing an OWI, DUI, or DWI charge in Wisconsin, it is important to act quickly. Consider the following steps:

• Do not ignore your charges. Missing court dates or deadlines can worsen your situation.
• Contact a qualified DUI & DWI attorney as soon as possible to discuss your case.
• Gather any documents, police reports, or court notices related to your arrest.
• Follow all court orders and license restrictions while your case is pending.
• Use additional resources to inform yourself about the process and your rights.

By seeking professional legal help, you give yourself the best chance to understand your options and achieve a favorable resolution.