Wisconsin's OWI laws can seem complex and confusing, especially to someone facing charges and looking for a clear and simple guide to the penalties they face and actions they can take to defend themselves.
It's a frightening experience: you're driving along and hear sirens and see flashing lights in your rear view mirror. It's enough to throw anyone off their game and make it difficult to stay focused.
This article offers helpful tips that can help you stay calm and focused in the event you are pulled over by police on suspicion of drunk driving or operating under the influence of an intoxicant or other drug (OWI) in Wisconsin.
Wisconsin's driving under the influence laws (DUI) (or OWI for "operating while intoxicated" as it's more commonly referred to in Wisconsin) can be complicated and confusing, especially under the stress of a recent charge.
To make these laws simple and straightforward, we've broken down the common DUI laws in Wisconsin in plain language below, along with the potential penalties associated with them.
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 conviction can bring severe penalties:
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.
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?'"
"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.
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.
