Understanding Wisconsin OWI laws: What you need to know

A person commits the offense of operating while intoxicated (OWI) when they operate a motor vehicle with a blood or breath alcohol concentration (BAC) of 0.08 or greater, are under the influence of an intoxicant, have a detectable amount of a restricted controlled substance in their blood, or are under the influence of a controlled substance or any other drug. Drivers who have three or more prior OWI convictions cannot operate motor vehicles with a BAC in excess of 0.02, and minors who are less than 21 years of age cannot have any detectable amount of alcohol in their system.

Any person who has been arrested for an OWI offense in the Chippewa Valley will want to be quick to contact the experienced criminal defense lawyers at Cohen Law Offices. Our firm aggressively defends all kinds of DUI cases in the greater Eau Claire area and we will fight to help you possibly get your criminal charges reduced or dismissed.

OWI Penalties in Wisconsin

The penalties associated with an OWI will depend on a number of factors. Any previous OWI offense, including crimes involving bodily injury or death as well as chemical test refusal cases, are counted against a person.

First-offense OWIs may be civil infractions that are punishable by forfeiture assuming there isn’t an injury or a minor in the vehicle, second offense that occur within 10 years or third offenses will be misdemeanors, and fourth or subsequent offenses are felonies. The possible penalties in these cases are as follows:

• First OWI — Fine of up to $300
• Second OWI — Fine between $350.00 to $1,100 and/or five days in jail to six months in jail
• Third OWI — Fine between $600.00 to $2,000 and/or 45 days in jail to one year in jail
• Fourth OWI — Fine of up to $10,000 and/or 60 days in jail to six years in prison
• Fifth or sixth OWI — Fine of up to $25,000 and/or a presumptive minimum of 18 months initial confinement to 10 years in prison
• Seventh, eighth, or ninth OWI — Fine of up to $25,000 and/or minimum of three years initial confinement to 12 years, six months in prison
• Tenth or subsequent OWI — Fine of up to $50,000 fine and/or minimum of four years initial confinement to 15 years in prison

Different penalties can apply in certain OWI cases. A person who has committed only one prior offense more than 10 years ago in which the offense was not an OWI causing great bodily harm or an OWI causing death means that their current charge may be a second civil offense.

When a passenger less than 16 years of age was in a vehicle at the time an offense was committed, a first-offense OWI will be treated as a criminal offense instead of a civil infraction, and a third-offense OWI becomes a felony instead of a misdemeanor. When OWIs are second and subsequent offenses, fines and periods of confinement can be doubled.

When a person has a high alcohol concentration while committing a third-, fourth-, fifth-, or sixth-offense, fines can be multiplied such that they are doubled for alcohol concentrations of 0.17 to 0.199, tripled for alcohol concentrations of 0.20 to 0.249, and quadrupled for alcohol concentrations of 0.25 or above.

OWIs Causing Accidents

When a person is involved in a car crash as a result of an OWI offense, it can impact the criminal charges that are filed. A first-offense OWI causing injury will be a misdemeanor, but an OWI causing injury that is a second or subsequent offense, any OWI causing great bodily harm, or any OWI causing death will be a felony.

Criminal penalties in these cases usually break down as follows:

• OWI causing injury, first offense — Fine of up to $2,000 fine and/or 30 days in jail minimum to one year in jail
• OWI causing injury, second or subsequent — Fine of up to $10,000 fine and/or up to six years in prison
• OWI causing great bodily harm — Fine of up to $25,000 fine and/or up to 12 years, six months in prison
• OWI causing death, first — Fine of up to 100,000 fine and/or up to 25 years in prison
• OWI causing death, second or subsequent — Fine of up to $100,000 fine and/or up to 40 years in prison

License Revocation Periods

The DOT revokes the driver’s license of any person convicted of an OWI or related offense. The length of a revocation will depend on the total number of offenses a person has committed. Generally those are as follows (they can change):

• OWI, first offense — Up to nine months
• OWI, second offense — Up to 18 months
• OWI, third or subsequent offense — Up to three years, or if it is a Fourth Offense and the offense is within 15 years of the most recent previous, it is a lifetime revocation (and no eligibility for an occupational license for 10 years)
• OWI causing injury — Up to two years
• OWI causing great bodily harm — Up to two years
• OWI causing death — Up to five years
• Chemical test refusal, first offense — Up to one year
• Chemical test refusal, second offense — Up to two years
• Chemical test refusal, third or subsequent offense — Up to three years

Contact Our Eau Claire DUI Lawyer

Call Cohen Law Offices today at (715) 514-5051 or contact us online if you were arrested for an OWI offense anywhere in the greater Eau Claire area. Our firm will provide an aggressive defense against your criminal charges and work to help you achieve the most favorable outcome to your case.