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Lawmakers Want to Criminalize First-Time DUI Offenses
In most states, a DUI is considered a criminal offense (typically a misdemeanor), even for a first offense. This is not the case in Wisconsin, where a first-time OWI is treated more like a traffic violation. Two Wisconsin lawmakers have proposed bills that would make DUI penalties in Wisconsin more severe. One of these bills aims to increase penalties for first-time DUI offenders in Wisconsin, something the lawmakers say is long overdue.
Wisconsin DUI Laws
Under the proposed bill, first-time OWI charges would no longer be treated as traffic offenses. They would become criminal misdemeanor charges, punishable by up to 30 days in jail and $500 in fines. Though alcohol-related crashes have decreased in recent years, a good portion of Wisconsin DUI offenses are committed by first-time offenders. The lawmakers say this bill would help deter people from drinking and driving even further.
According to Mothers Against Drunk Drivers (MADD), Wisconsin was among the worst 15 states for DUI arrests each year from 2007-17. The Wisconsin Department of Transportation also states 448,624 drivers in the state had at least one OWI conviction as of 2015.
Ignition Interlock Device Installation After a Wisconsin DUI
In an effort to reduce the number of people who choose to drink and drive, many states - including Wisconsin - have adopted a number of laws and regulations over the decades to deter people from breaking the law. Most states now have in place some version of a program that requires the use of an ignition interlock device (IID) in the vehicles of DUI offenders. In Wisconsin, 2010 marked the first year mandatory IID requirements went into effect. IIDs are now required for all repeat OWI offenders, all chemical test refusals, and all first-time DUIs in which the driver’s blood alcohol concentration (BAC) is more than .15.
What is an Ignition Interlock Device?
An IID is a small electronic device that is wired into your vehicle’s ignition system. Before you are able to start the vehicle, you must blow into the device, which will then determine your BAC. In Wisconsin, if your BAC is over .02, the vehicle will not start. The device will allow you to have three attempts in five minutes for each requested breath sample. After a vehicle starts, the device will prompt you for other samples at various intervals while the engine is running. The date, time, and BAC of each and every sample is recorded and stored.
Can You Refuse a Blood Alcohol Test if Pulled Over for OWI in Wisconsin?
While law enforcement has cracked down on drunk driving for the past few decades, in Wisconsin and in every state, operating a vehicle while intoxicated (OWI) is still a common problem. According to the National Highway Traffic Safety Administration (NHTSA), there were 613 motor vehicle traffic fatalities in Wisconsin in 2017 and 38 percent of those involved alcohol in some way.
When you are pulled over for suspicion of OWI, the police officer will ask you to submit to a chemical test to determine your blood-alcohol concentration (BAC). If you do not comply with the officer’s request to submit to a chemical test, you could face serious consequences.
Implied Consent in Wisconsin
Like many other states, Wisconsin has an implied consent law when it comes to chemical testing for your BAC. In Wisconsin, implied consent means any person who drives a vehicle in the state is deemed to have given consent to one or more tests of his or her breath, blood or urine to determine the presence of alcohol, controlled substances or any combination of the two in the driver’s system. If an officer requests that you complete a chemical test, you must do so or face consequences.
Underage Drinking Charges in Wisconsin
Getting a call from the police department is rarely fun. When that call from the police is to inform you they have your teenager in custody, it can be devastating.
According to the U.S. Department of Health and Human Services, alcohol is the most widely used drug among teenagers, even though it is illegal for anyone under the age of 21 to consume alcohol. Though underage DUI incidents have decreased over the past few years, it is still a problem with serious consequences.
Underage Drinking Laws
There are technically two categories of underage drinking laws in Wisconsin. If your child is under the age of 17 and they are caught in possession of or consuming alcohol, it is categorized as a juvenile charge. If they are between the ages of 17 and 20 and caught in possession or consuming alcohol, it is categorized as an underage charge.
How to Get an Occupational License After an OWI in Wisconsin
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:
Can My Wisconsin CCW License Be Revoked?
The United States Constitution gives American citizens the right to own and bear arms. While this right is granted to all citizens, states have enacted restrictions that can prohibit you from owning or carrying a firearm. Although the Constitution states it is a right to own a gun, most states look at it as a privilege that can be revoked.
Many people who own firearms have concealed carry weapon (CCW) licenses so they can protect their family, friends, and communities if needed, but in Wisconsin, some offenses can cause you to lose the privilege of carrying a concealed weapon.
CCW Revocations and Suspensions
There are two ways you can lose your CCW: through revocation or suspension.
A suspension will occur if you are charged with a crime, bail is set, and one of the conditions of your bail is for you not to possess a dangerous weapon. The Wisconsin Department of Justice is required to send you a notice within a day of your suspension, and it goes into effect when you receive that notice. The suspension is not permanent. Once you are no longer prohibited to possess a firearm, you can ask the DOJ to conduct a new background check, and have your CCW reinstated.
Examining Field Sobriety Tests in Wisconsin
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:
Horizontal Gaze Nystagmus (HGN) Test
When the eye looks off to the side, there is a slight involuntary jerking of the eyeball called horizontal gaze nystagmus. Everyone’s eye involuntary shakes when you look to the side, but when you are intoxicated, the nystagmus is more pronounced and occurs earlier than if you are sober. During the test, the officer has you follow the movement of an object, such as a pen or flashlight, while they examine your eyes to look for exaggerated nystagmus, and your ability to follow the object.
Eligibility for Firearm Possession and CCW Licenses in Wisconsin
United States citizens are guaranteed the right to bear arms by the Second Amendment to the U.S. Constitution. While this federal statute gives individuals that right, states have the ability to restrict the law. One way they can do so is to create stipulations on who can and cannot own a firearm and apply for a concealed carry weapon (CCW) license.
Wisconsin has state laws that apply to its residents, but people in the state must also follow federal laws that apply to all U.S. citizens. Those who violate firearm possession laws can face serious consequences.
CCW License Eligibility
While Wisconsin does not require its residents to have a permit to own or possess a firearm, you must apply and successfully obtain a CCW license before you can legally carry a concealed firearm. To be eligible for a CCW license, you must:
Exploring Your Rights and Options as the Victim of a Crime in Wisconsin
As one might expect, being a victim of a crime--especially a violent crime--can be very challenging and confusing. There is no such thing as a victimless crime, and you may be wondering why it has happened to you. You could be suffering from post-traumatic stress disorder (PTSD), or you could be trying to recover lost property. Whatever the crime was that was committed against you, it is important to know that as a victim, you have rights, and you have options about which steps to take next. If you have been a victim of a crime, consider taking steps to gain justice and/or compensation.
Seeking Remedies From the Courts
The aftermath of a crime can be a scary and traumatic time for a victim. Fortunately, there are actions that you can take to bring your offender to justice and protect yourself, including:
Consequences for Driving Under the Influence in Wisconsin
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.
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