Wisconsin DUI Law & Lawyers: DUI-Web

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When you are arrested for a drunk driving related charge in Wisconsin (specifically OWI or operating while impaired/operating while intoxicated) it will result in two separate cases. The first case is the criminal case in which you can be subject to various penalties including fines, mandatory alcohol education classes, community service, probation and even jail time. The second case is a civil or administrative case with the Wisconsin DMV. The sole issue with this case is your privilege to drive. Since these cases are separate and independent of each other it is possible to have the criminal charges dismissed and still have your license suspended through the administrative case.

With respect to the criminal case, the prosecution has two separate theories in which to pursue the charges. The first, and most common theory is the "per se" theory. Under this theory the prosecution must prove that you were driving a vehicle with a blood-alcohol content of .08% or higher. It makes no difference whether your consumption of alcohol negatively impaired your ability to safely drive. This theory relies solely on your body chemistry. (Wisconsin’s legal limit is .08% for the first, second and third offense, but the legal limit is .02% on the fourth and subsequent offenses.)

The second theory is the traditional common law "under the influence" theory. Under this theory the prosecution must prove beyond a reasonable doubt that due to your consumption of alcohol, your mental and physical ability to drive was negatively affected. The evidence typically introduced to prove this theory can include the arresting officer's testimony regarding your field sobriety test, your driving pattern and physical appearance and possibly the testimony of eyewitnesses.

West Virginia Criminal Punishments

If you plead guilty or you are convicted of a drunk driving related offense in Wisconsin the court will look at several factors when determining your punishment. The two most common factors are whether the offense was your first or subsequent offense and the level of your blood-alcohol concentration.

Wisconsin has a rather complex scheme of determining prior offenses. Below is a brief description of determining how many offenses the court will count:

If you have two or more OWI offenses after January 1, 1989, they will stay on your permanent record. If you have one OWI violation within 10 years, then a subsequent OWI offense outside the 10-year period will be considered your first.
Once you get a third OWI, your two priors will count. What this means is you could have two first offenses, but will never have three first offenses. The third is always a third, regardless of when your two priors occurred.
Effective September 30, 2003, if you are convicted of a first offense OWI with an alcohol concentration of .08% or more but less than .10%, the Wisconsin Department of Transportation is required to remove the offense from its records. Otherwise, all OWI related records are to be kept permanently.

License revocation of 6 to 9 month; fine of $150 to $300 plus an OWI surcharge of $355 (no surcharge if BAC was .08% to .10%).

Fines of between $350 to $1,100 plus an OWI surcharge of $355; minimum jail sentence of 5 days to a maximum of up to 6 months and a license revocation from 12 to 18 months.

Fines of between $600 to $2000, plus a $355 OWI surcharge; minimum jail sentence of 30 days to 1 year and a license revocation from 2 to 3 years.

Fines of at least $600 to $2,000, plus a $355 OWI surcharge; jail sentence of not less than 6 months or more than 5 years; license revocation of 2 to 3 years.

A fifth offense is a felony; minimum fine of $600 to $2,000 plus a $355 OWI surcharge; jail sentence of at least 6 months and up to 5 years; license revocation of 2 to 3 years.

For the third and subsequent offense, fines can be increased depending upon your BAC level, such as .17% - .19% = double fines; .20% - .249% = triple fines; .25% and above = 4X the fines. In addition, jail time and suspensions are doubled when a person under the age of 16 is in the vehicle.

Wisconsin Driver’s License Consequences

Pursuant to Wisconsin’s Implied Consent laws, the state can suspend your license if your BAC was at or above the legal limit or if you refused the chemical test. This proceeding is civil or administrative in nature and is separate from the criminal proceeding.

For your first offense, if you refuse the chemical test your license will be suspended for one year and you will have to wait 30 days after your suspension starts before you can apply for a restricted license. However, if you take and fail the chemical test your license will be suspended for 6 to 9 months but you can apply for a restricted license immediately. Second or subsequent offenses will result in longer suspensions with the possibility of no restricted license.