THE STANGL LAW BLOG

Third offense OWI carries significantly more severe penalties than first or second OWI. Unlike a second offense OWI in Wisconsin, there is no rule that your last offense had to occur within ten years. It includes any prior OWI convictions throughout your life.

The penalties of conviction include, but are not limited to, possible felony charges (particularly if a minor under 16 was a passenger at the time for your arrest), license revocation or suspension, a possible fine of up to $4,000, up to two years in jail, and permanent subjection to a PAC (prohibited alcohol concentration) of .02 in any state.

Several factors which may influence the specific penalties you face, including your specific blood alcohol content (BAC) and the presence of a minor passenger, among others.

In Wisconsin, you might be surprised to learn that a  drunk driving arrest usually results in at least two criminal charges: Operating while under the influence of an intoxicant (OWI), and Prohibited Alcohol Concentration (PAC).

Many of us are familiar with OWI (also called DUI or DWI in other states), but far fewer of us know about PAC charges.

Read on for a brief guide to both of these charges and what to do should you find yourself facing them in Wisconsin.

The penalties for second offense OWI can be significantly more severe than a first offense OWI. Unlike a first offense OWI in Wisconsin, which is classified as a civil offense, a second offense OWI is a criminal offense without exception.

These include, but are not limited to possible jail time (up to 6 months), significant monetary fines of $350 to $1,100 plus surcharges, and mandatory driver’s license revocation for at least 12 months. Many factors can affect sentencing based on the circumstances of your situation.

In a recent 5-4 decision, the Supreme Court ruled that it is legal to draw blood from an unconscious person suspected of driving under the influence of alcohol without a warrant.

Criminal defense attorney Pat Stangl was interviewed by Channel 27 to explain the ruling and what it means to those arrested for impaired driving.

Wisconsin law enforcement actively watches for intoxicated driving every day, testing drivers whom they suspect may be under the influence.

While The State of Wisconsin Department of Transportation reported over 24,000 drunk driving convictions in 2014, this statistic does not include the additional number of traffic stops made on suspicion of drunk driving during which did not result in convictions.

If you have never been stopped by police on suspicion of drunk driving, driving under the influence (DUI) or operating while under the influence of an intoxicant (OWI), you may not be aware of the methods used by law enforcement in their attempt to confirm their suspicions after pulling someone over to check for DUI or OWI in Wisconsin.

One method police use to help build evidence against you after pulling you over for suspected DUI or OWI is to ask you to perform field sobriety tests (FST's).

Summer has arrived here in Wisconsin, and with it, the freedom to get out and enjoy our natural areas. For those who soak in the summer months on our many lakes and rivers, boating can be a great way to escape the heat and have a great time with friends and family.

But for those who want to relax on the water with a drink in hand, it’s important to realize that just like any other motor vehicle, there are serious consequences for those who go overboard with their alcohol consumption while operating a boat on our waterways.

Especially for those newer to boating, it may seem like the water is simply out of reach for law enforcement. In reality, this couldn’t be further from the truth.

The state is very aware of the dangers intoxicated boaters pose and reguarly deploy conservation wardens and boat patrols to look for drunk boaters throughout the season.

Attorney Stangl has recently won four Chippewa County OWI-PAC cases in a row.

Three of these cases were felony drunk driving cases. In two of the three cases, his clients were not convicted of felony drunk driving, thus avoiding not only a felony conviction but potential imprisonment in the Wisconsin State Prison system.

Read summaries of each of these victories below as well as what to do if you find yourself or a loved one facing OWI/PAC charges in Wisconsin.

Truck drivers and other professional drivers operating with a commercial driver's license, or CDL, are held to a stricter standard under Wisconsin's drunk driving laws.

In addition, drunk driving convictions can create unique challenges for professional drivers who depend upon driving for their livelihood.

If you have a commercial driver license or CDL, it is important for you to understand the special requirements of your CDL in respect to Wisconsin law's regarding operating under the influence of an intoxicant or OWI.

This article will explain special circumstances and exceptions to well-known OWI protocols, such as field sobriety testing, which you must be aware of if you are pulled over for suspicion of driving under the influence (DUI) in Wisconsin.

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.

Attorney Patrick Stangl sets himself apart from other Wisconsin OWI attorneys in many ways, but one in particular is unique to him: He's trained in administering and evaluating Field Sobriety Tests (FSTs) just like law enforcement officers.

This gives attorney Stangl incredibly deep insight into how these tests are designed, what their weaknesses are, and where law enforcement commonly make mistakes when administering them.