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OWI with a minor passenger lawyer 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 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.

Minor under the age of 16 Passenger Lawyer

 If you have a passenger that is under the age of 16 when you are arrested for an OWI, you face more severe consequences than you would have without the young passenger. Unlike a normal first OWI offense which is a civil offense and does not have jail time, a first OWI offense with a minor under the age of 16 as a passenger is criminal offense with jail time, higher fines, and more severe consequences.

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 with a Minor Passenger

If convicted of operating a vehicle while intoxicated with a minor passenger, you could face several punishments depending upon how many past OWIs you have been convicted of. See the drop-down below to see all consequences for each offense.

What happens if you fail to appear in court?

Being charged with a OWI with a Minor Passenger offense is a criminal 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.

  • $350-$1100 fine
  • 5 days to 6 months in jail
  • Driver Improvement $435 OWI surcharge
  • Revocation of your driver’s license for 12-18 months
  • Installation of an ignition interlock device (IID)  for 12 to 18 months
    • $1,000 installation cost
  • Required SR-22 insurance for high-risk driver status (doubling or tripling your auto insurance cost)
  • Mandatory Alcohol and Other Drug Assessment (AODA)
  • Court costs
  • Occupational driver’s license IID installation & service charges
  • Mandatory 10 days to 12 months in jail
  • $700-$2200 in fines
  • $435 driver improvement surcharge
  • Driver’s license revoked 2 to 3 years
  • 2-3 years required ignition interlock device (IID) in the vehicle
  • $250 alcohol and drug assessment
  • Travel ban to Canada and problems traveling abroad in European Union
  • costs of required SR22 high-risk auto insurance (doubling or tripling insurance costs)
  • higher rates for life and health insurance
  • Personal and professional repercussions that come with jail time and being a convicted criminal
  • Jail time ranging from 90 days to 2 years which must begin immediately upon conviction
  • Fines between $1200 and $4000
  • $435 ‘driver improvement’ surcharge
  • Revocation of driver’s license for 4-6 years
  • Mandatory use of an ignition interlock device (IID) for 4-6 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.
  • 120 days to 12 years in jail
  • Convicted Felon
  • $1200 to $20,000 in fines
  • $435 driver improvement surcharge
  • Driver’s license revoked 4-6 years
  • Driver’s license revoked for life with no possibility of occupational license if previously convicted within 15 years
  • Required absolute sobriety for an occupational license, if eligible
  • Ignition interlock device (IID) required for 4-6 years required 
  • Travel ban to Canada and problems traveling abroad in European Union
  • $1200 to $50,000 fine
  • Class G felony
  • 1 year to 20 years in jail
  • Driver’s license revoked 4-6 years
  • $435 ‘Driver improvement surcharge’
  • 4-6 years required ignition interlock device, if eligible
  • Travel ban to Canada and problems traveling abroad in the European Union
  • Absolute sobriety is required for an occupational license, if eligible, can apply after 45 days 
    • Up to $50,000 fine
    • Class F felony
    • 6 to 25 years in jail
    • Driver’s license revoked 4-6 years
    • $435 ‘Driver improvement surcharge’
    • 4-6 years required ignition interlock device, if eligible
    • Travel ban to Canada and problems traveling abroad in the European Union
    • Absolute sobriety is required for an occupational license, if eligible, can apply after 45 days
 
 
    • Up to $100,000 in fines
    • 8 to 30 years in jail
    • Class E Felony
    • Driver’s license revoked 2-3 years
    • 1-3 years required ignition interlock device, if eligible
    • $435 ‘Driver improvement surcharge’
    • Travel ban to Canada and problems traveling abroad in the European Union
    • Absolute sobriety is required for an occupational license, if eligible, can apply after 45 days
 
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