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“.
The prohibited alcohol concentration (PAC) after your third OWI is 0.02, but you don’t necessarily have to blow a 0.02 to be charged. You can be charged with an OWI if the court determines that you were incapable of safely driving while under the influence of any amount of alcohol. In addition, you may be convicted of an OWI with any amount of restricted controlled substance in your blood.
A fifth OWI offense is a Class G felony in Wisconsin. After a third OWI offense conviction, if you are caught driving with a BAC of 0.02 or higher at any time in your life, you can be charged with a felony. So even though you may be driving with a BAC level below 0.08, you may still be violating your PAC of 0.02. For most people, 0.02 is generally one drink or less.
For each additional OWI, the fines become more expensive, the jail time and license revocation becomes longer, and the felony charge becomes more severe. Thus, making it essential to hire an experienced attorney to combat your charges.
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)
If convicted of operating a vehicle while intoxicated for the 5th time and higher, you face more severe penalties for each additional OWI offense and the law becomes less forgiving. See the drop-downs below for specific penalties for each charge.
Some OWI offenses have the same fines and jail time on paper, but with a more repeated offenses, the more likely you are to get closer to the maximum sentence or fine.
What happens if you fail to appear in court?
Being charged with a fifth OWI offense is a criminal felony offense. So if you do not appear in court, there will be a warrant issued for your arrest, meaning you can be arrested at any time. Make sure to contact a specialized traffic attorney that understands Wisconsin’s OWI offenses well.
COPYRIGHT © 2024 KONSTANTAKIS LAW OFFICE, LLC - ALL RIGHTS RESERVED.
