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3rd offense owi in wisconsin

Wisconsin OWI defense lawyer

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 3rd 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“.

Wisconsin PAC or Restricted Controlled Substance Lawyer

 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.

Wisconsin Third OWI Offense

Your third OWI conviction looks at all prior OWI offenses regardless of how long age they may have occurred. 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 (operating with PAC, 4th offense). Depending on the circumstances surrounding your conviction, a third OWI offense could also be a felony if there was a minor under the age of 16 in the car.

Our Promise

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)

Possible consequences for Operating While Intoxicated Third

If convicted of operating a vehicle while intoxicated for a third time, you could face several punishments, including:

  • Jail time ranging from 45 days to 1 year which must begin immediately upon conviction
  • Fines between $600 and $2000
  • $435 ‘driver improvement’ surcharge
  • Revocation of driver’s license for 2-3 years
  • Mandatory use of an ignition interlock device (IID) for 1-3 years
  • Absolute sobriety required for obtaining an occupational license
  • Waiting 45 days before obtaining your occupational license
  • Lifetime restriction to a legal BAC limit of .02
  • Ineligibility to travel to Canada and potential challenges when traveling in the European Union
  • All prior OWI offenses, regardless of when they occurred, are considered in a third OWI conviction due to repeat offending.

What happens if you fail to appear in court?

Being charged with a third 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 timeMake sure to contact a specialized traffic attorney that understands Wisconsin’s OWI offenses well.

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