Will I Be Found Guilty of OWI If I Test Over the Legal Limit?

Wisconsin law prohibits you from operating a vehicle if you are under the influence of any intoxicant or controlled substance to a degree that impairs your ability to drive safely. This includes alcohol, illegal drugs, and prescription medications that might affect your driving skills. The legal limit for most drivers’ blood alcohol concentration (BAC) is 0.08. For commercial drivers while on duty, the limit is even lower (0.04), and those under the legal drinking age are subject to a zero-tolerance policy. If you exceed these limits while driving or drive in a manner that suggests you are intoxicated, you risk facing serious legal penalties for operating while intoxicated (OWI).

The Role of BAC in OWI Cases

BAC is a critical factor in Wisconsin’s approach to handling OWI cases. If your BAC is at or above the legal limit, Wisconsin law considers this as evidence that you cannot operate a vehicle safely. This is true whether or not you are actually too impaired to drive safely. Additionally, even if your BAC is below 0.08, you can still face charges if you exhibit signs of impairment while driving. Police officers often use chemical tests during OWI investigations to determine a driver’s BAC if they suspect impairment. Consequently, BAC results are a significant factor in OWI cases and can largely determine the charges and penalties you may face.

Potential Penalties for an OWI Conviction

The consequences of an OWI conviction in Wisconsin depend on the number of prior offenses and the specific details of each case. For a first-time offense, the typical penalties include a $150 to $300 fine and a six- to nine-month license suspension but no jail time. However, if you have previous OWI convictions, the penalties escalate rapidly. For instance, a second offense can lead to jail time, higher fines, and a longer license suspension. By the fourth offense, you could be facing felony charges, substantial fines, and years in prison.

In addition to license revocation, Wisconsin law may require the installation of an ignition interlock device (IID) on your vehicle, which prevents you from driving if your BAC is too high. This requirement applies if it is your second or subsequent OWI offense or if you are a first-time offender with a blood alcohol concentration of 0.15 or higher. Penalties can also increase if there are aggravating factors involved, such as having a minor in the vehicle at the time of the offense.

Defenses Against OWI Charges

An experienced OWI defense lawyer can help you challenge OWI charges based on several defenses. Each defense strategy depends on the specifics of your case, including how law enforcement handled your arrest and evidence. Possible defenses that might apply to your case include:

• Challenging the accuracy of the BAC testing equipment
• Arguing that the traffic stop lacked probable cause
• Questioning the administration or interpretation of field sobriety tests
• Citing medical conditions that mimic impairment
• Demonstrating that the BAC test was not administered properly
• Presenting evidence of violations of your rights during the arrest process

Contact an OWI Defense Attorney

If you’re facing OWI charges in Wisconsin and need legal help, call Cohen Law Offices today at (715)-514-5051 for a free initial consultation. Our team is ready to work with you to examine your case and provide the dependable guidance you need.