THE STANGL LAW BLOG

 
As of 2018, a 4th OWI/DUI offense in Wisconsin is classified as an automatic class H felony.

Here's how OWIs are classified in Wisconsin:

• A 1st offense OWI: Civil offense
• A 2nd offense OWI: Misdemeanor
• A 3rd offense OWI: Misdemeanor
• A 4th offense OWI and above: felony

A conviction can bring severe penalties:

• 60 days to 6 years in jail
• Up to $10,000 in fines
• 2-3 years driver’s license revocation 
• 1-3 years required ignition interlock device in vehicle
• Absolute sobriety required for occupational license
• Travel ban to Canada and problems traveling within the EU
• Other indirect penalties can include surcharges, an alcohol assessment, high-risk insurance requirements, etc.

This means it's absolutely imperative to contact an experienced Wisconsin OWI attorney as soon as possible to avoid conviction and face serious penalties (described below).

While cars and trucks often receive the spotlight when it comes to drunk driving, Wisconsin’s OWI laws encompass all motor vehicles including snowmobiles, ATVs, and other recreational vehicles less commonly found on traditional roadways.

Particularly relevant during the winter season, those who enjoy snowmobiling should have a good understanding of the state laws pertaining to operating recreational vehicles under the influence of alcohol.

Disorderly conduct in Wisconsin is one of the most often charged crimes in the entire state, classified as a Class B misdemeanor punishable by a maximum penalty of 90 days in jail and a $1,000 fine.

Whether you’re in a domestic situation or not, altercations stemming from arguments, disagreements, or any other dispute is an easy charge to bring against someone, and most often these charges are easy to prove. 

The exact description of disorderly conduct in Wisconsin is defined in §947.01 (1) Wis. Stats. as follows:

“Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

Unlike most first offense OWI violations, which are civil penalties, OWI with a minor passenger (someone under the age of 16) elevates the case to a criminal charge.

The penalties of a first offense OWI with a minor passenger are significantly more severe: double the penalties you would normally receive for the offense without a minor in the vehicle. In some cases, certain penalties are more than doubled.

The process of appealing a criminal conviction in Wisconsin can be complicated, especially for those who haven’t been through it before. One missed step or overlooked detail can spell disaster for your chances of getting a case heard before an appellate court.

If you’re considering appealing a criminal conviction in Wisconsin, it’s critical to understand that an experienced Wisconsin appeals attorney is essential to your chances of being successful. Experienced attorneys have been through the process many times before and can identify and articulate the errors that occurred during your trial––combining this direct experience with the skills needed to craft a compelling brief. 

This guide offers a simple, straightforward introduction to the appeals process, including the four main steps involved in filing an appeal.

If you are pulled over for suspicion of driving under the influence in Wisconsin, at some point the police will likely ask you to step out of your car in order to take part in testing used with the intention of confirming the officer's suspicion that you are intoxicated due to drug use or alcohol consumption.

You probably already have some awareness of these roadside tests used by police to test for drunk driving, whether in movies or real life. The official term for these tests is, field sobriety tests (FSTs).

While you may be asked to perform any number or combination of FSTs, the National Highway Traffic Safety Administration recognizes three tests as standardized field sobriety tests. These tests include: the horizontal gaze nystagmus test or HGN, the walk-and-turn test (WAT) and the one-leg stand test (OLS).

Following an arrest for impaired or drunk driving in Wisconsin, you or a loved one may be facing charges for operating while intoxicated (OWI) and associated offenses.

A lot has happened quickly and now you're left to choose your next step in order to help defend against OWI charges. We understand you have questions.

Some of these questions might include:

"What is 'Implied Consent?'"

"Will I go to jail for OWI?"

"What if I was driving under a suspended license?"

"How can I beat drunk driving charges?"

"How will an OWI offense impact my insurance?"

It's important to get answers right away from a knowledgeable attorney in order to start your defense against DUI, OWI, DWI, BAC and PAC charges in Wisconsin.

Here, we'll tackle some common questions about consent to testing for intoxication.

With over 20 years' experience successfully defending clients facing drunk driving charges in Wisconsin, Stangl Law understands one very important issue on their minds:

"Will I lose my driver's license?"

Certainly, driving privileges are on the line after anyone is arrested for driving while under the influence of drugs or alcohol on Wisconsin roads. There are, however, ways you can potentially minimize restrictions on your ability to drive during this time.

If you are facing any charges relating to driving while intoxicated (such as OWI, DUI, DWI, BAC or PAC) in Wisconsin, it is imperative to consult an experienced attorney to help with your defense to increase your likelihood of keeping your license.

In 2016, the consequences for 4th offense OWI (and beyond) in Wisconsin became an even more serious matter for repeat offenders under Wisconsin law with the passage of Senate Bill 455, which Governor Scott Walker signed into law on April 25, 2016.

Since the adoption of the new law, any 4th OWI offense in Wisconsin is now considered an automatic Class H felony—regardless of the time period between charges. Previously, this was considered a misdemeanor, unless occurring within 5 years of the third OWI offense.

As a result of the adoption of Senate Bill 455 into law, the penalties for repeat OWI convictions (4th offense OWI and beyond) in Wisconsin have become even more severe. In addition to loss of license, having an ignition interlock device (IID) installed in your vehicle and other requirements, you will now face greater fines and longer prison terms if you are convicted of 4th, 5th, 6th, 7th, 8th, 9th, 10th OWI or any subsequent OWI charges in Wisconsin.

Wisconsin Ignition Interlock Device Laws

Among the penalties handed down for OWI charges in Wisconsin, Ignition Interlock Devices (IIDs) provide a preventive solution to drivers convicted of an OWI with a particularly high BAC level, or those who’ve been caught driving drunk repeatedly.

As the technology behind the devices becomes both cheaper and more efficient, they are increasingly being used as a measure to curb the potentially disastrous effects of OWI before they occur.

Since 2010, Wisconsin, among other states, has passed legislation making these devices mandatory for individuals convicted of OWI under certain circumstances.

Whether you’ve been issued this device or not, all drivers should be aware of what these devices do, and under what circumstances you can be forced to install one into your own vehicle.