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 2nd 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) for first, second, and third OWI offenders for drivers over the age of 21 is 0.08, but you don’t necessarily have to blow a 0.08 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.
Unlike the first OWI offense in Wisconsin, a second offense is a criminal misdemeanor and means mandatory jail time and being a convicted criminal. A second offense is any offense that occurs within 10 years of a previous conviction
After a second OWI offense conviction, the legal limit turns to 0.02% BAC. For most people, this means one drink or less. So if you are convicted of a second OWI you essentially are put under an absolute sobriety order when 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)
If convicted of operating a vehicle while intoxicated for the second time, you could face several punishments, including:
Being charged with a second OWI offense is a criminal misdemeanor 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.
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