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Facing an OWI Charge? Possible Punishments for Drunk Driving In Wisconsin

Facing an OWI Charge? Possible Punishments for Drunk Driving In Wisconsin

Also commonly known as driving while intoxicated or driving under the influence (DWI and DUI, respectively), Wisconsin's operating while intoxicated (OWI) laws underwent some recent changes. Anyone with an OWI charge faces serious and potentially life-altering punishments if convicted.

Wisconsin, like all states, considers anyone with a blood alcohol level (BAC) of .08 or more too impaired to drive. When an alcohol breath-test conducted on the road gives a result of .08 or more, the driver will be arrested for drunk driving. For fourth offenses and higher, Wisconsin's legal limit drops to .02.

Unlike most other states, Wisconsin considers a first-time OWI to be a traffic violation, not a misdemeanor. That does not mean there are not serious consequences, however. For first-time drunk drivers with a BAC of .08 to .14, conviction carries hundreds of dollars worth of fines, a possible six- to nine-month license suspension and alcohol assessment. Heavily intoxicated individuals who have a BAC of .15 or more will face more severe penalties, even if they were never previously convicted of an OWI.

Penalties Increase With Aggravating Factors

Subsequent OWI convictions and other aggravating factors bring increasing penalties. Aggravating factors for operating while intoxicated include:

  • Getting into an accident while intoxicated
  • Attempting to evade an officer or arrest
  • Prior OWI convictions
  • A record of unsafe driving
  • Causing injuries to another person or damage to property

In the most serious charge, homicide while OWI, a person who kills another driver or pedestrian will face up to 25 years in jail, and if the person has a previous OWI, up to 40 years.

Recent Changes in OWI Penalties

In 2010, Wisconsin changed its OWI laws. These changes include:

  • Making a fourth OWI a felony within five years of a prior conviction
  • Repeat offenders or anyone driving with a 0.15 BAC, or if that person refuses to submit to evidentiary test, must now install ignition interlock devices, which checks a driver's BAC level before the car can start
  • Increased penalties if a child of sixteen years old or younger is in the vehicle

A Criminal Defense Attorney Can Help

These are general guidelines regarding penalties for OWI in Wisconsin. There are 10 judicial districts in Wisconsin, and each has adopted its own guidelines for judges to follow. These usually include a range of penalties and allow some discretion for the judge to consider aggravating or mitigating factors. That is why it is important to seek experienced legal counsel. A criminal defense lawyer may be able to negotiate for reduced penalties and a lower license suspension.