Facing an OWI charge can be life-changing, especially if you do not know your rights before you are face-to-face with a judge. If you have been arrested for drunk driving in Wisconsin, it is important to know your rights and how to choose the best OWI defense attorney for your case. The following is a list of common questions we hear related to OWI charges and how to handle them.
What is an OWI and what are the penalties?
Operating While Intoxicated (OWI) is the legal term in Wisconsin for driving under the influence. Unlike some other states, there is no difference between a DUI and an OWI in Wisconsin.
OWI penalties vary depending on factors like previous offenses, blood alcohol concentration (BAC), and whether any injuries or deaths occurred. For a first offense, penalties may include fines and license suspension. Multiple offenses or cases involving injury or death can lead to harsher penalties, including jail time, longer license revocations, and mandatory installation of an ignition interlock device (IID).
What is the difference between OWI and DUI?
In Wisconsin, OWI (Operating While Intoxicated) and DUI (Driving Under the Influence) refer to the same offense. "OWI" is the preferred term under Wisconsin law, but many people use DUI interchangeably. This term can include driving while under the influence of alcohol, prescription drugs, illegal drugs, and hallucinogens of any kind.
How long does an OWI stay on your record?
In Wisconsin, an OWI remains on your record for life. Wisconsin is known for its zero-tolerance policy in regards to OWI charges, and this is one of the reasons why.
A first-offense OWI is a civil offense but still appears on your driving record. Subsequent offenses are criminal and carry increasingly severe penalties. Although Wisconsin doesn’t allow expungement of OWI convictions, consulting with a lawyer can help you understand how this record may impact your future.
Do I lose my license after an OWI arrest?
Yes, an OWI arrest can lead to an automatic suspension of your license even before you are convicted. In Wisconsin, a first OWI generally results in a license suspension of 6 to 9 months, with harsher penalties for repeat offenders. In some states, automatic suspensions may differ, but Wisconsin follows comparatively strict guidelines for license suspensions after an OWI.
Is a first OWI a felony or misdemeanor?
In Wisconsin, a first-offense OWI is not considered a criminal misdemeanor or felony at all. A first-time OWI conviction is a civil offense rather than a criminal one. However, subsequent offenses, especially those involving injuries or high BAC levels, are classified as misdemeanors or felonies, leading to more serious consequences.
Legal Rights and Procedures
Can I refuse a blood or breath test?
Yes, you can refuse a chemical test, but it may do you more harm than good. Refusing a test violates Wisconsin’s implied consent law, leading to automatic license suspension and other penalties, even if you aren’t convicted of OWI.
What happens if I refuse the test?
While you can refuse a breathalyzer, it is typically not considered the best plan of attack. Besides really irritating the arresting officer, refusing a blood, breath, or urine test in Wisconsin typically results in an automatic suspension of your driver’s license for at least one year.
Refusal may also impact your case, as prosecutors can argue that you were avoiding evidence of intoxication.
Can an OWI be reduced?
Though rare, yes, OWI penalties and consequences can be reduced. In some cases, an OWI charge may be reduced to a lesser offense through negotiations with the prosecutor or by challenging certain aspects of the case.
However, reductions are challenging in Wisconsin due to strict OWI laws. Legal representation is crucial for any possibility of charge reduction.
Should I contact a lawyer even if I plan to plead guilty?
Yes, it is highly recommended that you work with an attorney, regardless of how you plan to plead. An experienced OWI lawyer can review your case, advise you on potential defenses, and work to minimize penalties even if you choose to plead guilty.
OWI cases are notoriously complex and facing this challenge without a trained professional by your side can lead to more excessive consequences than your situation might otherwise merit.
Understanding the Charges
What is an ignition interlock device (IID)?
An ignition interlock device (IID) is a breathalyzer that may be installed in a vehicle to prevent it from starting if your BAC is above a pre-set limit. In Wisconsin, second and subsequent OWI convictions, or those with high BAC levels, often require IID installation in their personal vehicle.
What does implied consent mean?
Implied consent is a legal doctrine stating that by driving on Wisconsin roads, you automatically consent to a chemical test (blood, breath, or urine) if law enforcement suspects you are intoxicated. Refusing the test results in immediate penalties, including license suspension and is not recommended.
What is the legal blood alcohol concentration (BAC) limit?
In Wisconsin, the legal BAC limit for drivers aged 21 and over is 0.08%. For drivers with multiple OWI convictions, the limit drops to 0.02%, which you can test for as early as minutes after your first drink. Penalties are more severe for drivers with higher BAC levels.
Post-Conviction
What happens during an OWI arrest?
Though every situation is unique, and law enforcement handles these situations a little differently, there are some standard procedures you can expect if you are pulled over for an OWI.
During an OWI arrest, an officer may ask you to perform field sobriety tests and submit to a breath or blood test. If you fail these tests, you’ll likely be taken into custody, and your vehicle may be towed and impounded. After the arrest, you can expect to receive a court date, and your driver’s license may face administrative suspension.
What should I do if I've been charged with an OWI?
If you have been charged with OWI, the first thing you should do is contact a criminal defense lawyer. Avoid discussing your case without legal representation present, as anything you say can be used against you if your case goes to court. A lawyer can guide you on your rights, defenses, and how to navigate the legal process.
How can I challenge the results of a breath or blood test?
There are several ways to challenge breath or blood test results, such as questioning the testing equipment's accuracy, the procedures used, or the officer’s conduct. Legal challenges to testing methods can sometimes reduce charges or lead to dismissal.
These arguments can be hard to make, however, if you do not have a solid understanding of both the arrest and testing process and how these machines function. This is one of the reasons why proper legal representation is so important; an experienced criminal justice attorney has made arguments like this successfully many times.
What are some defenses against an OWI charge?
Possible defenses against OWI include challenging the legality of the traffic stop, disputing the accuracy of BAC tests, or questioning field sobriety test procedures. Each case is unique, so working with an experienced OWI lawyer is critical for developing a strong defense.
Contact Schiro Criminal Defense
Facing an OWI charge in Wisconsin is serious. Our experienced team at Schiro Criminal Defense is here to help you understand your rights, evaluate your options, and work toward the best possible outcome for your case.
Contact us today at (414) 277-9696 for a free consultation.
