If you’ve been pulled over for an Operating While Intoxicated (OWI) charge in Wisconsin, you want to know what happens next. Will you lose your license or go to jail? These are all important questions. Wisconsin takes these offenses seriously, and a first-time conviction can have lasting repercussions. 

When you know more about navigating OWI laws in Wisconsin, you can prepare yourself for possible issues. Here is what you need to know.

What Counts as OWI in Wisconsin?  

You can be charged with OWI in several scenarios. These include:

• Operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers).  
• Driving under the influence of drugs, including prescription medications
• Being under 21 years old and having any alcohol in your system
• Driving with a restricted BAC level due to prior OWI convictions

Keep in mind that even if your BAC is under the legal limit, you can still be charged if an officer believes you are too impaired to drive.  

First-Time OWI  

If this is your first charge, Wisconsin handles it differently. The state does not consider it a criminal offense unless aggravating factors exist. Instead, it is treated as a traffic violation. However, you can still face consequences, such as:

• Fines from $150 to $300 
• License revocation of 6 to 9 months
• Alcohol assessment and possible treatment program  
• Ignition Interlock Device (IID) if your BAC was 0.15% or higher

While first-time offenders may not face jail time, a conviction can still make a long-term impact on their license, insurance rates, and criminal record.  

Second and Third OWI Offenses 

When this is not your first OWI, the penalties increase. Wisconsin has a 10-year lookback period. In these situations, if you get another OWI within 10 years of your first, that makes you a repeat offender. Here is what to expect:

Second Offense

• Jail time from 5 days to 6 months 
• Fines from $350 to $1,100
• License revocation of 12 to 18 months 
• Mandatory IID for at least 1 year  

Third Offense

• Jail time from 45 days to 1 year 
• A fine of $600 to $2,000
• License revocation of 2 to 3 years 
• IID is required for 2 to 3 years

Once you hit a fourth OWI, it becomes a felony. In turn, that means prison time, larger fines, and permanent consequences. If someone was injured or killed, the penalties are increased.  

Refusing a Breath or Blood Test?

When you get your driver’s license in Wisconsin, you automatically agree to implied consent laws. That means that if an officer asks you to take a breath or blood test, you can face penalties for refusal.

Some of these consequences can include:

• First refusal: 1-year license revocation and mandatory IID
• Second refusal: 2-year license revocation
• Third refusal: 3-year license revocation

Even if you refuse the test, officers can still obtain a warrant for a blood draw. A refusal will not prevent an OWI charge. In many cases, it can actually make things worse.

Defending Yourself Against These Charges  

If you’ve been charged with OWI, you situation may be different. This is not necessarily an open-and-shut case. There are ways to challenge the charges, and an experienced OWI attorney can help.  

There are several possible defenses, such as:

• Illegal traffic stop: The entire case could be thrown out if the officer had no valid reason to pull you over.  
• Faulty breathalyzer: Breath tests are not always accurate, especially if there are doubts about the machine’s calibration.
• Medical conditions: Some conditions can create false positives on breath tests.  
• Testing issues: Poor lighting or uneven roads can cause failed sobriety tests that do not indicate impairment. 

If you want to fight an OWI charge, you need to reach out to a knowledgeable lawyer as soon as possible. They can review your case and help with the right course of action.  

Get Legal Help for Your OWI Case

Navigating OWI laws in Wisconsin can be difficult, but with the right legal help, you can reach a reasonable resolution to the matter. You need someone who can look out for your best interests.

If you’re facing any charges, you will want to seek experienced criminal defense help. At Melms Law, our team is ready to fight these charges against you. Contact us today to schedule a consultation.