There are multiple ways you can be charged with operating a vehicle while intoxicated (OWI) in Wisconsin, and all of them have serious consequences. You be charged with OWI if your blood-alcohol content is more than .08, if you have a detectable amount of an intoxicant or restricted controlled substance in your blood, or if you are under the influence of any drug or controlled substance.

It is never a good idea to get behind the wheel if you have had too much alcohol, or if you have taken illegal or prescription drugs that can negatively impact your ability to drive. The National Highway Traffic Safety Administration reported about 32 percent of all fatal Wisconsin traffic accidents in 2016 were alcohol-related. 

If you are convicted of an OWI, you may face a lengthy license suspension or revocation. You could offset that inconvenience with an occupational license. Here are the details: 

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Police officers in Wisconsin must have substantial evidence to actually arrest someone for operating while intoxicated (OWI). There are a few things an officer may use to do this, and one common procedure is to request the completion of field sobriety tests, so they can gauge whether a driver is intoxicated while driving. 

The types of field sobriety tests used can differ from state to state, and sometimes between police departments and jurisdictions, but in general, a battery of three standardized tests is used. These tests are approved by the National Highway Traffic Safety Administration (NHTSA) as being accurate a majority of the time:

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When you are behind the wheel of a car, you have a duty to other people on the road, and that duty is simple: behave in a way that does not put yourself or others into danger. Unfortunately, according to the Wisconsin Department of Transportation, around 28,790 people were arrested for operating a vehicle while intoxicated (OWI) in 2015, and 23,931 were actually convicted. Drunk driving can be deadly, and even when it is not, it can cause a great deal of harm, which is why a DUI/OWI charge in Wisconsin is taken very seriously.

First Offense OWI

Consequences for a first-time DUI conviction in Wisconsin are mainly aimed at educating the offender and changing their habits or behaviors. There is typically no jail time, but there is a possible fine of $100 to $300, plus a $435 OWI surcharge. First-time offenders will also face a driver’s license revocation of six to nine months, and if their blood alcohol content (BAC) was over .15, an ignition interlock device or 24/7 sobriety program will be required for one year.

Second Offense OWI

If you have no prior OWIs in the past 10 years, and you never committed any bodily harm or homicide in an accident, sentencing will generally be more lenient than if you had. A second DUI offense will mean that you will face a possible fine of $100 to $300, plus a $435 OWI surcharge, along with a six to nine month license revocation, with the stipulation that you will be required to use an ignition interlock device or 24/7 sobriety program for at least one year.

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A DUI charge can be frightening. If you have been arrested for DUI/OWI, you may be unsure of your rights and how to proceed. By educating yourself on some of the most common misconceptions about DUI charges, you can gain a better understanding of how drunk driving charges work and what your legal options may be. Here is a brief list of five of the most common misconceptions about DUI charges: 

1. If I Am Charged With a DUI, I Am Automatically Guilty. 

Fortunately, a DUI charge and a DUI conviction are not the same. By seeking experienced legal representation for your DUI charge, you may be able to get your charges reduced or have your case dismissed. A lawyer can search for flaws in the prosecutor’s case which may improve your situation. 

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After a DUI/OWI arrest, you will likely feel overwhelmed and unsure of what to do. In order to ensure that your rights are protected and increase the chances of a favorable outcome for your case, it is important to clear your mind and avoid making some common mistakes. Here is a list of five mistakes you should be aware of:

1. Ignoring Your Charge

Believe it or not, some people believe that ignoring a DUI charge is a good idea. You should know that taking no action after you have been arrested for a DUI will not cause your charge to disappear. In fact, failing to appear in court for your DUI can lead to additional charges that may result in fines and jail time.

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