While federal law provides mandatory minimum charges for certain drug offenses, no Wisconsin state-level mandatory minimums have been set for drugs, except when it comes to Operating While Intoxicated (OWI) charges.

While OWIs are commonly associated with drunk driving, you are vulnerable to being charged with an OWI if you've been driving while under the influence of any controlled substance that impairs you from driving safely, whether that's an oxycodone, Xanax, or Ambien.

When it comes to illegal drugs like marijuana (in Wisconsin), meth, cocaine, and LSD, the detection of any amount in your blood or urine, regardless of whether you appear impaired or not at the time you are stopped, can lead to an OWI. This means that if you used a drug in the last couple of days and there are still detectable traces of it in your system, you can still get charged with an OWI.

In addition, if you are involved in a drug offense that falls under federal jurisdiction, such as when it involves interstate commerce, federal property, or large quantities, then you could face federal mandatory minimum penalties and still be prosecuted in Wisconsin.

In this post, we'll break down mandatory minimum sentences for OWIs in Wisconsin and federal drug offenses as well as next steps for fighting charges like these.

WI State-Level Statutory Mandatory Minimum Sentences for OWIs

  • OWI 1st offense: none (unless there was a child in the car under 16, in which case, 5 days of jail); 
  • OWI 2nd offense: Minimum 5 days jail; not less than $350 fine
  • OWI 3rd offense: Minimum 45 days jail; not less than $600 fine
  • OWI 4th offense: Minimum 60 days prison; not less than $600 fine
  • OWI 5th and 6th offenses: Minimum 60 days prison; not less than $600 fine
  • OWI 7th, 8th, 9th offenses: Minimum 3 years prison
  • OWI 10+ offenses: Minimum 4 years prison

Additional Penalties for OWIs in Wisconsin

OWI 1st Offense in WI:  

  • $150 to $300 fines
  • Potential jail time (if a minor was in the vehicle or someone was injured)
  • Six to nine months' license revocation
  • Ignition Interlock Device (IID) if Blood Alcohol Content BAC was .15 or higher
  • Mandatory alcohol assessment
  • Potential required treatment or classes

OWI 2nd Offense in WI:

  • 12 to 18 months' license revocation
  • Mandatory IID
  • 45 days post-conviction eligibility for restricted license
  • Mandatory alcohol assessment

3rd Offense OWI in WI:

  • Two to three years' license revocation
  • Mandatory IID
  • 45 days post-conviction until potentially eligible for a restricted license
  • Mandatory alcohol assessment

4th Offense OWI in WI:

  • Two to three years' license revocation (or lifetime if within 15 years of the third offense)
  • Mandatory IID (all owned vehicles)
  • Ten years until potentially eligible for a restricted license
  • Mandatory alcohol assessment

5th & 6th Offense OWI in WI:

  • Two years to lifetime license revocation
  • Mandatory IID (for all owned vehicles)
  • Ten years until potentially eligible for a restricted license
  • Mandatory alcohol assessment

7th, 8th & 9th Offense OWI in WI:

  • Up to $25,000 fine
  • Two years to lifetime license revocation
  • Mandatory IID (for all owned vehicles)
  • Ten years until potentially eligible for a restricted license
  • Mandatory alcohol assessment

10th and Subsequent Offenses

  • Up to $50,000 fine
  • Two years to lifetime license revocation
  • Mandatory IID (for all owned vehicles)
  • Ten years until potentially eligible for a restricted license
  • Mandatory alcohol assessment

Examples of Federal Drug Offenses with Mandatory Minimums

The following charges have a mandatory minimums of 1 year:

"Protected zones" effectively include any type of educational institution or property owned by a public housing authority, public swimming pool, public or private youth center, or video arcade facility. Manufacturing, distributing, possessing with intent to distribute, or maintaining a drug house within 1,000 feet of a school or public housing property or within 100 feet of a swimming pool, youth center, or video arcade can lead to more severe charges that lead to a mandatory minimum of 1 year in confinement. 

For example:

  • Manufacturing Methamphetamine within 1,000 feet of Public Housing
  • Manufacturing Fentanyl within 100 feet of Public Swimming Pool
  • Distribution of Cocaine within 1,000 feet of Elementary School
  • Possession with Intent to Distribute Heroin within 100 feet of Youth Center
  • Maintaining Drug House within 1,000 feet of High School

The following charges have mandatory minimums of 5 years: 

  • Manufacturing/Distributing/Possessing with Intent to Distribute 1 gram or more of LSD
  • Manufacturing/Distributing/Possessing with Intent to Distribute 100 plants or more of marijuana OR 100 kilograms or more of marijuana
  • Manufacturing/Distributing/Possessing with Intent to Distribute 28 grams or more of crack cocaine
  • Manufacturing/Distributing/Possessing with Intent to Distribute 500 grams or more of cocaine
  • Manufacturing/Distributing/Possessing with Intent to Distribute 100 grams or more of heroin
  • Manufacturing/Distributing/Possessing with Intent to Distribute 5 grams or more of pure methamphetamine OR 50 grams or more of methamphetamine mixture
  • Manufacturing/Distributing/Possessing with Intent to Distribute 10 grams or more of pure PCP OR 100 grams or more of PCP mixture
  • Conspiracy to commit any of the above offenses
  • Attempt to commit any of the above offenses

The following charges have mandatory minimums of 10 years:

  • Manufacturing/Distributing/Possessing with Intent to Distribute 10 grams or more of LSD
  • Manufacturing/Distributing/Possessing with Intent to Distribute 1,000 plants or more of marijuana OR 1,000 kilograms or more of marijuana
  • Manufacturing/Distributing/Possessing with Intent to Distribute 280 grams or more of crack cocaine
  • Manufacturing/Distributing/Possessing with Intent to Distribute 5 kilograms or more of cocaine
  • Manufacturing/Distributing/Possessing with Intent to Distribute 1 kilogram or more of heroin
  • Manufacturing/Distributing/Possessing with Intent to Distribute 50 grams or more of pure methamphetamine OR 500 grams or more of methamphetamine mixture
  • Manufacturing/Distributing/Possessing with Intent to Distribute 100 grams or more of pure PCP OR 1 kilogram or more of PCP mixture
  • Conspiracy to commit any of the above offenses
  • Attempt to commit any of the above offenses

The following charge has a 20-year mandatory minimum:

  • Continuing Criminal Enterprise (leaders of organizations of five or more individuals who engage in a continuing series of drug violations)

Additionally, depending on your criminal record, these sentences could be enhanced further by prior offenses.

Attorney Stangl's Proven Track Record in Defending Against OWI & Drug Charges

Wisconsin Drug Defense Attorney Patrick J. Stangl is committed to protecting the rights of his clients. Nationally-recognized for his outstanding criminal and OWI defense, Attorney Stangl has built a solid record of success since establishing his Madison law firm in 1991, especially when it comes to fighting drug and OWI charges.

If you're facing charges like the ones above, don't despair. Attorney Stangl has a toolbox of proven defense strategies and will tailor his approach based on your unique situation. 

 

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Testimonial: Drug Conspiracy Case

“I was charged in a large drug conspiracy case with 14 other co-conspirators. My life was in a shambles, and I was in deep trouble. I was referred to Pat from a local lawyer who informed me that he was the best in the business. I met with Pat and was very impressed. I hired him, and he aggressively and tirelessly fought for me for over two and a half years before my case was resolved. The Department of Justice wanted to send me to prison for at least 5 years. Through Pat’s highly effective representation and his caring attitude about me personally, I received a second chance in life. Thanks to Attorney Stangl and Stangl Law Offices, S.C., he beat the Wisconsin Department of Justice and instead of being sent to prison, I was given a lengthy term of probation. I literally owe him my freedom and give him the highest recommendation possible. My life and future are back on track thanks to Pat. He is an incredible defense attorney and a relentless and compassionate advocate who cares deeply about his clients.”

— Garit Pedersen

Here are a few more examples of OWI and drug cases Stangl Law has won over the years:

Prior OWI Victory Examples

City of West Allis v. D.N.
OWI 1st with BAC Over .15 – Dismissed

City of Spooner v. M.D., Washburn County
OWI 1st Implied Consent Refusal – Dismissed

State of Wisconsin v. S.J. Dane County
OWI-PAC 2nd – Dismissed

State of Wisconsin v. A.G. Washburn County
OWI 2nd – Amended to Inattentive Driving

State of Wisconsin v. B.B.
OWI-PAC 3rd – Amended to Reckless Driving

State of Wisconsin v. S.N., Eau Claire County
OWI-PAC 3rd - Dismissed

State of Wisconsin v. C.W., Dane County
OWI-PAC 4th – Acquitted After Trial

State of Wisconsin v. S.D.
OWI-PAC 4th – Dismissed on Prosecutor's Motion

State of Wisconsin v. D.A., Dane County
OWI-PAC 4th, .15 blood test, Reckless Driving, OAR
Motion to Suppress Evidence Based on Unconstitutional Stop – Granted: All Charges Dismissed.

State of Wisconsin v. R.G., Jefferson County
OWI 5th (felony) – Amended to OWI 4th (misdemeanor at the time)

Prior Drug Victory Examples

United States of America v. D.S, United States District Court of Minnesota
Motion to Suppress Evidence as a Result of an Unconstitutional Search Granted - (53g Crack Cocaine) - Thrown Out

State of Wisconsin v. K.B., Dane County Case 
Possession with Intent to Deliver THC (<200g) – Dismissed
Manufacture/Deliver Cocaine (>5-15g) - Dismissed
Manufacture/Deliver Cocaine (>1-5g) – Dismissed

State of Wisconsin v. B.F., Sauk County Case 
Cocaine Conspiracy – Dismissed 

State of Wisconsin v. M.K., Dane County Case 
Possession with Intent to Deliver THC (>2500g <10,000g) 
Motion to Dismiss: Granted – Case Dismissed  

State of Wisconsin v. D.C., Barron County
Possession/Delivery Methamphetamine: Dismissed

These are just some examples of drug cases successfully defended by Attorney Stangl. Visit this page for an exhaustive listing of drug cases successfully defended by Stangl Law Offices, S.C. 

If you or someone you love is facing a mandatory minimum sentence for drugged driving or federal drug offenses, it's critical to secure the help of a seasoned attorney right away.

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