What Are Some Aggravating Factors in a Wisconsin OWI Case?

A person who is convicted of an OWI (Operating While Intoxicated) is subject to serious penalties – including high fines and jail time. However, if certain aggravating factors exist, a convicted offender may be subject to even stricter penalties.

If you’re currently facing an OWI charge, it is important that you not answer any police questions after the arrest as any questions about what you were doing before the arrest can be used against you. Instead, you should retain a knowledgeable OWI defense lawyer to represent you as soon as possible.

 

What Is a Criminal OWI?

A person can be charged with criminal OWI if they have had a prior OWI conviction within 10 years, if there is someone under the age of 16 in the vehicle, or if they have had two or more OWI lifetime convictions. Penalties can be enhanced if chemical analysis of their blood, breath, or urine reveals that they have a blood alcohol concentration (BAC) of 0.08 percent or more. Commercial vehicle operators, including tractor-trailer and big rig drivers – and minors who are under 21 years old – must follow stricter standards.

In cases where a driver has a BAC higher than 0.08 percent, certain aggravating factors may come into play.

What Are Some Potential Aggravating Factors in a OWI Case?

A person can be charged with aggravated OWI when they drive a vehicle in a way that’s even more dangerous than a standard OWI. Consequently, the potential penalties upon conviction for aggravated OWI are higher than for standard OWI. Some of the most common aggravating factors include having:

·        A BAC of 0.15 percent or higher

·        Multiple prior OWI convictions on your record

·        A BAC of at least 0.08 percent and causing a motor vehicle crash that leaves others injured

·        A child under 16 years of age present with you in your vehicle when your BAC exceeds the 0.08 percent legal limit 

What Are the Potential Penalties for an Aggravated OWI?

For you to sustain aggravated OWI penalties, the state prosecutor must prove every legal element of the case beyond a reasonable doubt. Often, doing so is a high burden to overcome. However, if the prosecutor can satisfy their burden, a sentencing judge will be left to impose various penalties. 

Potential penalties for an aggravated OWI charge include a longer driver’s license suspension, higher monetary fines, and lengthier jail times. In most cases, if you sustain an aggravated criminal OWI conviction, a judge will order you to install an ignition interlock device (IID) on your vehicle. In addition to paying installation and maintenance costs, you will need to blow into the device to operate your vehicle. If the device detects any amount of alcohol on your breath, your vehicle will not start.

In many instances, when an individual is convicted on an aggravated criminal OWI charge, judges double or triple the penalties they ordinarily impose. Therefore, it is essential that you have a knowledgeable attorney representing you at every stage of your case.

Call an Experienced OWI Attorney Today

The knowledgeable legal team at Cohen Law Offices can represent you during all hearings in your case and raise a strong legal defense to your OWI charge in court. If you ultimately incur a conviction, we can represent you before a sentencing judge in court. We can also argue for the least possible penalty in your case and work to lessen or eliminate the collateral consequences of your conviction. To find out more about how we can help defend you against your pending criminal OWI charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.