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What Are the Penalties for Getting an OWI with a Child in the Car?

 Posted on December 29, 2022 in DUI/OWI

WI defense lawyerBecause of the number of serious and fatal car crashes that occur when people drive drunk, Wisconsin takes cases of operating while intoxicated (OWI) very seriously. The penalties imposed by the state can be very harsh and with this one mistake, you may jeopardize your future in numerous ways.

Getting an OWI with a minor in the car leads to even more serious consequences (although it is important to note that, for OWI purposes, a minor is someone under 16, not 18, years old). If you are facing charges of an OWI with a child in your vehicle, get help right away from a Wisconsin criminal defense attorney.

Will I Go to Jail for Getting an OWI with a Minor in the Car?

This depends on a number of factors; while most first-time OWI convictions are civil cases, having a minor in your vehicle can be charged as a criminal offense. You could receive up to six months in jail, a long-term license revocation (up to three years), expensive fines, and a requirement to have an Ignition Interlock Device (IID) in your vehicle if and when your driver’s license is reinstated. If this is not your first-time OWI, you face serious felony charges, including up to $50,000 in fines, up to 15 years in prison, and a driver’s license revocation that lasts for years after your prison sentence ends or which may even be permanent. With a minor in the car, fines increase to $100,000 and up to 30 years in jail is possible.

Do I Have to Submit to a Breathalyzer Test if a Minor is in My Car?

By getting a Wisconsin driver’s license, you agree that you will submit to a chemical test that measures your blood alcohol level. If you refuse to submit to the test, you will receive an automatic driver’s license revocation for a year; if you have a minor in your car, the revocation length is potentially doubled.

It is important to remember that while the legal blood alcohol limit for driving in Wisconsin is .08 percent, in other states it may be lower. Getting a DUI or OWI in another state can still subject you to penalties in Wisconsin, including revocation of your driver’s license.

Call an Ozaukee County Criminal Defense Lawyer

The consequences for your driving privileges, your ability to work and make a living, and even your ability to have a relationship with your child may be very serious if you have been charged with an OWI with your child in the car. Call a Walworth County OWI defense attorney at Bucher Law Group, LLC to get help from a team who is 100 percent committed to achieving the best possible results in your case. Call 262-303-4916 today.




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