DUI Reference Guide

Wisconsin OWI Laws

Driving while under the influence is against the law in all states.  There are a variety of terms and rules that govern the classification of driving while intoxicated.  Wisconsin law has a charge for Operating While Intoxicated (OWI).  A person is considered intoxicated once their Blood Alcohol Content (BAC) reaches 0.08%. 

Keep in mind that the blood alcohol content is not the only factor governing the OWI law.  In fact, the law does not merely include driving while under the influence of alcohol.  Anytime a person is under the influence of a controlled substance, they face the potential of an OWI if they are operating a vehicle.

An individual does not need to be driving the vehicle down the highway in order to be arrested for OWI.  If they have simply turned the car on, they can be arrested since the act of turning the key in the ignition is considered a part of operating a vehicle.  Anytime an individual has started a car or even moved the car for a short distance, they can be arrested on the suspicion of an OWI if a police officer believes they are intoxicated.

Anytime a person is pulled over on the suspicion of operating a vehicle while intoxicated, they face the possibility of being asked to provide a blood sample or take a breath test.  If a person is not willing to do so, they can face penalties in addition to any associated with driving under the influence. 

To be considered under the influence in Wisconsin one or more of several factors will be present.  If a person has driven while they were under the influence of a controlled substance, they can be labeled as driving while under the influence.  When a person is found to have been operating a vehicle while under the influence of drugs, alcohol or other intoxicants they will find themselves in trouble.  Anytime a person has a blood content that shows an intoxicant, a person has driven under the influence.  Of course, a BAC of 0.08% or more will also prove this fact.  Whenever you have difficulty driving in a safe manner due to some form of intoxication or influence, you could be considered driving under the influence. 

The first time someone is charged with an OWI, it is a civil matter and therefore they will not be required to spend time in prison.  There will still be serious consequences for any OWI charges.  An individual convicted of OWI will owe penalties of $350 for their OWI.  They will also be fined from $150-$300.  A person can lose their license from six to nine months.  An individual can be granted an occupational license.  They will be granted permission to drive if necessary to and from school or to and from work. 

First time offenders will also see six points added to their driving record.  They can also be evaluated for any possible drug or alcohol problems.  A person might be sent for counseling and treatment programs if it is deemed necessary.

The goal of Wisconsin laws for first time offenders is to teach people that it is dangerous to drive under the influence.  They also wish to assist people in getting the help they need if they have a drug or alcohol problem.  If a person is convicted of additional OWI charges, the results will be much more severe.  For multiple convictions a person will be spending some time in jail.  They will pay heftier fines for their OWI.

People, who are repeat offenders, will have their license taken away for longer periods of time.  They will also find that they will accumulate more points on their driving record.  It can be nearly impossible to receive good rates for car insurance after an OWI conviction.

Repeat offenses are those which occur within a ten year time frame of another OWI conviction.  If an individual had one prior offense but it was more than 10 years ago, their OWI will be treated as a first offense.  However, if a person commits three OWI offenses anytime in their lifetime, the third offense can never be classified as a first regardless of how long it has been since the prior offenses.

The laws governing OWI convictions can be difficult to understand.  There are a variety of scenarios that will have an impact on a person’s possible punishments.  Determining whether a person was under the influence of an intoxicant can also be confusing.  Anyone who is arrested for an OWI should consult with an attorney.  Fine a lawyer who specializes in OWI/DUI law.  They will be able to better assist you with your case to ensure that your rights are protected.