THE STANGL LAW BLOG

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.

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 regularly deploy conservation wardens and boat patrols to look for drunk boaters throughout the season.

Short answer: Yes. Just like drunk driving, operating a motorized boat is illegal if your blood alcohol concentration is above the legal limit. In Wisconsin, if your BAC is .08 percent or higher, you can be charged with intoxicated boating.

Whether you’re a state resident or a visitor, mixing any kind of motor vehicle activity with our state’s strong drinking culture can turn a fun afternoon out on the water into a dangerous situation both legally and otherwise. 

Wisconsin's waterways are not outside of the law. A relaxed attitude around drinking and boating is exactly what makes intoxicated boaters prime targets for conservation wardens and police patrols who regularly scan the waters for signs of suspicious drivers.

In 2019, 132 boaters were cited for boating under the influence of alcohol in Wisconsin. Law enforcement devoted more hours to boating activities than ATVs and snowmobiles combined.

Below, we've answered the common questions about BUIs in Wisconsin and what to do if you or someone you know is facing charges.

If you find yourself facing charges involving OWI, it’s important to keep the specific circumstances of your particular situation at the forefront of your mind when preparing to make your case in court.

Your chances of making a successful argument against the prosecution are dramatically increased by hiring a skilled defense attorney with a good deal of experience in OWI, so finding suitable counsel should be your primary concern. Although it’s your lawyer’s job to craft an effective defense, being well versed in common defense strategies yourself can give you an added sense of assuredness in your team’s particular approach when it comes time to be heard in front of a judge.

With OWI prosecution often relying on tangible evidence such as blood alcohol content and other chemical tests given during traffic stops, the method by which officers administer these tests can be subject to scrutiny if officers do not conduct them adequately.

Watch this video to learn more about when and why police can pull you over.

"Relax."

That's probably not the first thought in your head when you're being pulled over for suspicion of drunk driving or driving under the influence of drugs or alcohol in Wisconsin. But that's exactly what you need to do.

The outcome of the traffic stop, your potential legal case and even your freedom all depend on your ability to remain calm, polite, and focused throughout the stop.

Keeping your focus during on OWI investigation also helps you stay mindful of your legal rights so you can avoid making decisions which might further complicate your case.

Watch this video to learn what you should do after you've been pulled over.

Despite the commonly-held idea that a person's first drunk driving offense isn't a "big deal," it can bring life-changing consequences, not all of which may be apparent at first.

What's more, very few people realize that they can be convicted even if they were driving within the legal blood alcohol content (BAC) limit. If the court determines a driver was "incapable of safely driving," while under the influence of any amount of alcohol, the penalties are the same.

Wisconsin's DUI laws (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.

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, these devices 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.