This is a very prominent and damaging misconception, because the amount you’re required to pay right off the bat (the amount listed on the top right hand corner of the citation) is not the final amount you will pay upon conviction! This immediate forfeiture amount typically lies between $700.00-$1,000.00 and, unfortunately, this is just the beginning of the burdens you will have to bear. To better understand what the costs may be and your charges, download our PDF on DUI Laws in Wisconsin.
Out of Pocket Costs:
If you are convicted of an OWI First in the State of Wisconsin you will be subjected to a mandatory AODA assessment (alcohol and drug assessment). This will typically cost several hundred to even a thousand dollars out of pocket. While an OWI First in the State of Wisconsin is a civil ordinance violation ticket and not a criminal offense, we are the only state in the USA which views it as such! Meaning, if you ever apply for a job out of state, your future employer may believe you have been convicted of a crime or even served jail time. Not to mention, if your BAC (Blood Alcohol Content) was above the legal limit, but below .15, your drivers license will be revoked for a period of six to nine months. We recommend you hire a reputable DUI lawyer located in Milwaukee.
If you were to apply for an occupational license during these proceedings, then even more restrictions, expenses and paperwork will apply to you. Upon receiving your occupational license, you will only be able to drive during certain hours of the day, typically before and after work. You would only be able to drive 60 hours per week on an occupational license. Which might seem like plenty of time, but most people’s driving obligations span far beyond these time restrictions, affecting both your personal and social life.
Penalties for a first OWI in Wisconsin include:
Without any injury or property damage, you could wind up paying over $10,000 in penalties, fines, and extra fees with your first offense OWI in Wisconsin.
An OWI conviction will also result in penalties outside the Wisconsin courthouse, including travel restrictions to other countries, increased insurance rates, and the possibility of losing your job. We recommend that you hire a Milwaukee DUI attorney if you have been convicted for a DUI charge.
There are other circumstances too that can effect your penalties such as: Excessive BAC, Driving with a minor DUI, and causing injury.
Find more information about 1st Offense OWI on this page.
A second-offense OWI in Wisconsin is a criminal charge accompanied by severe penalties and fines if convicted. Second-offense OWI penalties in Wisconsin include:
Someone convicted of their second OWI in Wisconsin will be required to carry SR22 high-risk auto insurance and pay higher rates for life and health insurance. We recommend that you hire a Milwaukee DUI attorney if you have been convicted for a second DUI charge.
There are other circumstances too that can effect your penalties such as: Excessive BAC, Driving with a minor DUI, and causing injury.
Find more information about 2nd Offense OWI on this page.
A third-offense OWI in Wisconsin is a criminal charge accompanied by severe penalties and fines if convicted. Third-offense OWI penalties in Wisconsin include:
Someone convicted of their third OWI in Wisconsin will be required to carry SR22 high-risk auto insurance and pay higher rates for life and health insurance. We recommend that you hire a Milwaukee DUI attorney if you have been convicted for a third DUI charge.
There are other circumstances too that can effect your penalties such as: Excessive BAC, Driving with a minor DUI, and causing injury. A third OWI offense is a felony if there was a minor under the age of 16 in the vehicle.
Find more information about 3rd Offense OWI on this page.
A fourth-offense OWI in Wisconsin is a felony charge accompanied by severe penalties and fines if convicted. Fourth-offense OWI penalties in Wisconsin include:
Someone convicted of their fourth OWI in Wisconsin will be required to carry SR22 high-risk auto insurance and pay higher rates for life and health insurance. We recommend that you hire a Milwaukee DUI attorney if you have been convicted for a fourth DUI charge.
A 4th OWI offense is a felony, and the severity of its penalties depend upon the circumstances surrounding your arrest such as excessive BAC, driving with a minor DUI, and causing injury.
Find more information about 4th Offense OWI on this page.
A fifth-offense OWI and higher in Wisconsin is a felony charge accompanied by severe penalties and fines if convicted. Fifth-offense and higher OWI penalties in Wisconsin include:
Someone convicted of their fifth OWI in Wisconsin will be required to carry SR22 high-risk auto insurance and pay higher rates for life and health insurance. We recommend that you hire a Milwaukee DUI attorney if you have been convicted for a fifth DUI charge or more
A 5th, 6th, 7th, 8th, 9th, 10th, and higher OWI offense is a felony, and the severity of its penalties depend upon the circumstances surrounding your arrest such as excessive BAC, driving with a minor DUI, and causing injury.
Find more information about 5th, 6th, 7th, 8th, 9th, 10th, and higher Offense OWI on this page.
There are severe consequences if you are arrested for a OWI with a minor under the age of 16 in vehicle. Like other OWI offenses, the consequences differ depending on the number of prior offenses the person has. For example, the fines for each OWI with Minor Passenger offenses are as follows:
For drivers under the age of 21, Wisconsin law mandates absolute sobriety when behind the wheel of a motor vehicle. There are severe consequences for breaking this law that impact all parts of your life.
Find more information about Underage OWIs on this page.
You may be convicted of an OWI with any amount of restricted controlled substance in your blood. But past the differing requirements for arrest and conviction found here, the consequences for OWI offenses (alcohol or drug) are the same. Use our page here for more information about the consequences of OWI offenses depending on the number of prior convictions. Read this blog post for more information about alcohol vs drug OWIs.
Download these forms to help you understand your charges and what you are facing. As your representative we want you to be informed with each step of the process.
OWI_PENCHART (pdf)
Illegal Stop
People get pulled over all the time in Milwaukee. Often people can be pulled over for not even breaking any rules. You can bring this up as potential grounds for dismissal in your case.
Illegal questioning
Police cannot inquire about alcohol consumption without specific grounds, as per the Fourth Amendment. Requesting a standardized field sobriety test without sufficient evidence can also result in dropped charges if law enforcement errs.
Mishandled Field Sobriety Tests
Incorrectly explained or evaluated field sobriety tests may render evidence inadmissible, possibly preventing an officer from requesting a preliminary breath test roadside or making a DUI arrest.
Mishandling Post-Arrest Alcohol Tests
Strict adherence to professional standards during the handling and processing of blood or breath alcohol tests following an arrest is crucial. Failure to comply might render the test unusable in court, especially if earlier steps like illegal detention or arrest occurred.
Mishandling Personal Alcohol Tests Post-Arrest
The “curve defense,” technically termed “Retrograde extrapolation,” can demonstrate that an individual would have been under the legal limit upon reaching home if not stopped. This defense can turn a slight exeedance over the legal limit into a tool for the defense rather than the prosecution.
Although this information may instill confidence it is only recommendations. We recommend that you hire a Milwaukee DUI Lawyer that knows their way around the law.
Our law firm will review any DUI or Traffic cases, explain what those charges mean, and advise you on your best legal options. Contact us today to schedule a consultation and get the best representation you need in your unique circumstances.
The aftermath of a drunk driving stop can be a terrifying and confusing experience. With our guidance, clients quickly learn that we can meet this head-on, with competency, effectiveness, and success.
If you refused to test for intoxication within the past 10 days, CALL TODAY. Do not waste any time getting started on your defense; act before you lose certain legal privileges. See our refusal page for more information.
Possession of illegal substances will add additional punishments to your OWI charge. Our office can help minimize the effects of the possession charges you are facing.
At Konstantakis Law Office, LLC, our experienced team of attorneys is committed to providing each client with dedicated and personalized legal representation. When it comes to OWI & DUI cases, we understand that each is unique, and we work closely with our clients to develop a customized strategy to achieve their goals. Whether you are facing a complex legal issue or simply need guidance on a legal matter, we are here to help.
In Wisconsin, if you are found to have been driving with a blood alcohol content (BAC) of .08 or higher, you can face serious consequences.
The penalties may include jail time, heavy fines, driver license suspension and more. Depending on the severity of your situation, the state may even require you to install an Ignition Interlock Device (IID) in all vehicles registered to you. However, our experienced defense attorneys strive to minimize or eliminate the consequences of the matter. We fight to protect your rights, freedom, and future.
The seriousness of a DUI charge in Milwaukee depends on how many times you’ve been convicted before. Generally, the first time it happens, it’s seen as a civil violation. But if it’s the second or third time (depending on when the last one was), it could be seen as a more serious misdemeanor. If it’s your fourth time or more, it’s considered a felony.
But there are situations that can change these charges. For instance, even if it’s your first time, if there was a minor in the car, it could become a criminal offense. Also, if someone got hurt because of the DUI, it might become a misdemeanor.
If there’s an injury during a second DUI, it could become a felony. And a third time can become a felony if there was a kid in the car or if someone got hurt. That’s why getting a good DUI lawyer in Milwaukee is really important if you’re facing these charges.
Facing a fourth OWI within five years of a previous conviction or a fifth (or more) OWI at any point in your life can result in a felony charge. This could significantly impact your rights and freedom. It’s crucial to reach out to a lawyer experienced in defending felony OWIs promptly to start building your defense against these charges. Read more about Milwaukee felony lawyers here.
If you are charged with a DUI in Milwaukee, you usually do not have to go to court as long as your Milwaukee DUI Lawyer appears on your behalf. You will have to show up in the rare event that the case goes to trial however.
Some judges request that defendant attend their sentencing hearing. But most accept a notarized written entry of plea instead.
If you were pulled over on suspicion of drunk driving, our attorneys will consider all elements of the stop. Probable cause, field sobriety tests and breathalyzer results are amongst the elements that our attorneys will identify, challenge, and disprove on your behalf.
We act with immediate urgency, getting involved with the case as soon as possible to ensure vital evidence is preserved. We strive to build a strong, solid defense on your behalf. Call today.
“Came in with a case that was stressing me all the way out and things were handled so promptly and with care for me as a person. Hopefully won’t need to come back but if life ever sends me needed legal help this is where I’ll be going first!” – E.A.
“Georgia is one of the top Lawyers in Wisconsin and she is the best I know. Georgia is known for her vast experience and professionalism. For any legal matters I refer to Georgia and her team, and they provide the right guidance and advise to address the issues. I highly recommend Konstantakis law office.” – A.B.
“Georgia was so helpful! I highly recommend anyone and everyone to go to her. She really cares about you and will fight for you.” – H.W.
“I was pulled over and arrested for driving while intoxicated and carrying a concealed weapon while under the influence of alcohol. I was referred to Milwaukee DUI Lawyers by a friend and she agreed to take my case. She got the charges of carrying two concealed weapons reduced to only one weapon. The ADA proposed 4 months in the house of correction and Georgia had my case postponed by introducing new evidence. She immediately went to work on proving my exemplary background and getting character witnesses. She contacted the DA numerous times on my behalf and got him to agree to six months in the house of correction, stayed and one year of probation with no weapons and complete sobriety. At my final hearing on May 31st, Georgia spoke for over twenty minutes telling the judge of my achievements and presented about twenty minutes telling the judge of my achievements and presented about twenty character references. She also gave the judge ten reasons, personal and medical, why I should not be sent to jail. The judge denied the ADA his penalty and said I could keep my concealed carry permit, and I should drink responsibly. I was very happy and very PROUD of her and I would highly recommend her to anyone.” – A.Z.
OWI refers to operating while intoxicated, DUI refers to driving under the influence. An OWI and a DUI are the same thing, drunk driving, however states differ in what they label the drunk driving charge. In Wisconsin, drunk driving is called and OWI (operating while intoxicated).
In addition, an OWI means operating while intoxicated, you can be charged with this even if you are not operating a moving vehicle. You could be sitting in a stationary vehicle and still face drunk driving charges. An OWI doesn’t just apply to cars, it includes trucks, boats, snowmobiles and more.
No, for a first OWI offense there is no jail sentence. If you are faced with a conviction, you could pay a fine ranging from $100 to $300. However, if you had a prior OWI conviction, you could face jail time from a couple of days to several months.
Yes, if you are found to have been operating a vehicle under the influence of a drug, such as marijuana, cocaine, heroin or other illegal substances you most likely will be charged with a crime. If you are found to be using over the counter drugs or prescribed medication it is important to check to see if any of the ingredients in the medicine can impair your driving.
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