In Wisconsin, operating a motor vehicle while intoxicated can lead to serious legal repercussions. It is crucial to comprehend the laws, potential penalties, and available legal options if you find yourself facing OWI charges.
According to Wisconsin law, operating while intoxicated (OWI) refers to driving a motor vehicle while under the influence of an intoxicant (alcohol or drugs) which renders the driver incapable of safely driving. You might see your traffic ticket refer to violations to Wisconsin statute “346.63“.
You may be convicted of an OWI with any amount of restricted controlled substance in your blood. So unlike an OWI/DUI where the court must prove you were incapable of safely driving, the law is very black-and-white when it comes to drug usage and driving. The court can convict you for an OWI if they can prove you had any amount of restricted controlled substance, such as marijuana, when you were driving.
Our law firm will review any misdemeanors charged in your case, 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.
Please use this guide provided by wicourts.gov to help you understand the consequences you are facing and what to do next.
WI OWI Penalty Chart (pdf)
Where alcohol vs drug OWIs differ is in the requirements for arrest and conviction, but the consequences are the same. Use our page here for more information about the consequences of OWI offenses depending on the number of prior convictions.
If convicted of operating a vehicle while intoxicated (alcohol or drugs) for the first time, you could face several punishments, including:
Being charged with a First OWI is a civil offense. However, it is not ‘just a ticket’ because the penalties if you are convicted are severe, expensive, and permanent on your public record. If you do not appear in court you will automatically be convicted of a default judgement of guilty on all charges. Make sure to contact a specialized traffic attorney that understands Wisconsin’s OWI offenses well.
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