While Wisconsin law uses a different term for driving under the influence of an intoxicating substance—it’s Operating While Intoxicated, or OWI, instead of DUI—the penalties for this offense are still severe. An OWI conviction in Wisconsin could mean losing your driving privileges, paying a large fine, or going to jail. You might also lose your job or see your insurance premiums rise.
Hiring an experienced and proven OWI defense lawyer is the best step you can take to avoid these penalties. The DUI/OWI defense lawyers at J. Kippa Law Office have served Oshkosh and the Winnebago County area for decades, and we can provide the comprehensive legal support you need to fight these charges. We know Wisconsin’s OWI laws inside out and the subtle details that can make or break these cases. We’ll be by your side at every stage of your case, from pre-trial hearings and negotiations with prosecutors to your trial and, if necessary, any appeals. Call us now at 920-733-1100 or reach out online for a free case review.
Wisconsin law makes it illegal to operate a vehicle in any of the following situations:
The driver has a detectable amount of a controlled substance in their body (such as marijuana).
The driver’s blood-alcohol concentration level (BAC) is at or above certain prohibited levels. The prohibited BAC levels in Wisconsin are 0.08 percent for drivers 21 and older, 0.04 percent for drivers operating commercial vehicles, and anything above 0 percent for drivers younger than 21.
The driver is under the influence of any intoxicating or controlled substance and cannot safely control their vehicle.
While the first two situations apply to most Wisconsin OWI cases, the third is still important because it means drivers don’t need a BAC of 0.08 percent or higher to face criminal charges. With enough evidence of intoxication and poor driving behavior, a driver with any amount of alcohol in their system could face an OWI charge.
The penalties for an OWI conviction in Wisconsin primarily hinge on three factors: The driver’s age, whether they have any prior OWI convictions, and whether they injured or killed anyone while they were driving. The penalties are so varied that the Wisconsin Department of Transportation created a chart to explain what penalties apply in different situations. Depending on the facts of your case, the penalties for a Wisconsin OWI conviction could include:
First-Time OWI for Drivers Over 21 (No Injuries or Deaths):
License Revocation: 6-9 months.
Fine: $150-$300, plus a $435 OWI surcharge.
Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for one year with a BAC of 0.15 percent or more.
2nd OWI for Drivers Over 21 (No Injuries or Deaths and No Prior OWI Within 10 Years):
License Revocation: 6-9 months.
Fine: $150-$300, plus a $435 OWI surcharge.
Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for one year
2nd OWI for Drivers Over 21 (With Injuries or Deaths, or a Prior OWI Within 10 Years)
Jail Time: Five days to six months
License Revocation: 12-18 months plus the jail sentence
Fine: $350-$1,100, plus a $435 OWI surcharge
Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for one year to 18 months plus the jail sentence
3rd OWI for Drivers Over 21
Jail Time: 45 days to one year
License Revocation: 2-3 years plus the jail sentence
Fine: $600-$2,000, plus a $435 OWI surcharge
Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for 1-3 years plus the jail sentence
OWI with a Fatality
Prison Time: Up to 25 years
License Revocation: Five years plus the prison sentence
Fine: Up to $100,000
Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for 1-5 years plus the jail sentence for a BAC of 0.15 percent or higher, or if it’s not the offender’s first OWI offense
You can refuse a roadside breathalyzer test or field sobriety test in Wisconsin. In many cases, it’s in your interest to refuse these tests, as they can’t help your case and usually make it easier for the police to justify an arrest.
If the police want to take a chemical blood, breath, or urine test once they arrest you, that’s a different story. Refusing these tests is an automatic violation of Wisconsin’s implied consent law. You’ll face a one-year driver’s license suspension for a first offense and stiffer penalties for additional refusals. A positive result on a chemical blood, breath, or urine test is not necessarily the end of your case, so it’s usually best to comply with the test. A skilled defense attorney can help you challenge the results of a chemical test, which could lead to reduced or dismissed charges.
The right defense strategy in a Wisconsin OWI case depends on the evidence against you and other factors, but some possible options include:
Challenging the initial traffic stop – If the police did not have probable cause to stop and arrest you, any evidence resulting from the arrest could be dismissed, undercutting the prosecution’s case.
Looking for errors during the blood/breath/urine test – The equipment and procedures used to conduct blood, breath, or urine tests in OWI cases are critical to getting an accurate result. If the police made a mistake during the test or the equipment was defective, the evidence could be tainted, making it harder for them to prove your guilt.
Showing you had a medical condition that affected the blood/breath/urine test – Certain medical conditions, such as diabetes, can affect the results of a breathalyzer test. If you can show you have one of these conditions, you can argue that there’s no evidence you were intoxicated.
Checking for violations of your constitutional rights – If the police or prosecutors violated your rights at any point, you can make the case to have the evidence against you dismissed or your charges reduced.
Quick action is crucial to avoid the worst outcomes in a Wisconsin OWI case. Call the J. Kippa Law Office now at 920-733-1100 or complete our contact form for a free consultation.
If you’re ready to discuss your case with our experienced Wisconsin criminal defense lawyers, here’s how to find our office in Appleton:
From the North:
Take US-41 S toward Appleton. Exit at WI-47 S/N Richmond St and continue south. Turn left onto E College Avenue. Proceed to 133 E College Avenue, which will be on your right.
From the South:
Take US-41 N toward Appleton. Exit at WI-47 S/N Richmond St and continue south. Turn left onto E College Avenue. Proceed to 133 E College Avenue, which will be on your right.
From the East:
Take WI-441 N toward Appleton. Exit onto E College Avenue and turn left to head west. Continue to 133 E College Avenue, which will be on your left.
From the West:
Take WI-96 E toward Appleton. Continue onto W College Avenue and proceed through downtown to 133 E College Avenue, which will be on your right.
