Wisconsin DUI FAQs

Manitowoc DUI Offense

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An “OWI” (Operating While Intoxicated) is when someone drives or operates a vehicle while under the influence of alcohol or drugs. The law in Wisconsin makes it illegal to drive with any amount of alcohol or drug in your system. It’s also illegal to operate a motor vehicle if you have been drinking at all.

Wisconsin’s first OWI isn’t a misdemeanor; instead, it’s a civil offense. Despite being a civil matter, serious fines and penalties are involved, but misdemeanor penalties are excluded. Despite being a civil matter, you should hire a criminal defense lawyer to improve your defense and chances of winning the case.

Wisconsin laws classify second and third OWI offenses as misdemeanors. Because of this, they attract more severe penalties than first OWI offenses.

Fourth other OWIs that follow are classified as felonies and attract even more serious penalties. This classification was effected in April 2016. Before this, the fourth OWI was a felony only if it was within five years of the third offense. Today, no timeframe qualifies the fourth OWI as a felony.

The differences between the two are pronounced. For example, a third misdemeanor OWI offense attracts one year in jail and files up to $2,000, and license revocation for a maximum of three years.

However, a fourth OWI felony offense attracts a jail term of up to six years, a maximum fine of $10,000, and license revocation for three years max. Like misdemeanor penalties, felony penalties increase with subsequent charges.

You do not have to be falling down drunk or even over the legal limit to be convicted of a Wisconsin DUI/OWI.  The prosecutor from the office of the District Attorney needs only to convince the jury that you were impaired to the point where you could not drive safely.

PAC stands for “prohibited alcohol concentration.”  This is what people commonly call the legal limit.  It is against the law to drive or operate a motor vehicle on Wisconsin highways with a prohibited alcohol concentration.

If you have had two or fewer prior DUIs, the prohibited alcohol concentration is .08 or above.  If you have three or more prior convictions, the prohibited alcohol concentration is any amount over .02.

The term “alcohol concentration” refers to the number of grams of ethanol (the chemical compound found in alcoholic beverages) in 100 ml of blood or the number of gram of ethanol in 210 L of breath.

This depends on your weight. Generally, an individual weighing 140 lbs will need to take four drinks in 60 minutes to reach the blood alcohol content legal limit. The drink can be 12 oz. of beer, a shot of liquor, or 5 oz. of wine. A driver weighing 180 lbs will need five of any of these drinks to reach the legal limit.

If you are charged with OWI, it is possible to be convicted of both operating under the influence (OUI) and driving with a blood alcohol content (BAC) above 0.08 percent. However, if you have been convicted of OWI before and you are again charged with OWI, you can only be convicted of one count of OWI on your criminal record.

Refusing a Breathalyzer test can lead to additional penalties. If you refuse to take the test, you will lose your driving privileges for 90 days. You may also be subject to fines and jail time.

Implied consent means that by getting behind the wheel of a car, you agree to submit to a breath or urine test if requested by police officers. This includes drivers who are pulled over for other reasons such as speeding or failure to use turn signals.

Under Wisconsin’s drunk driving laws, implied consent law  you are deemed to consent to chemical tests if you drive on Wisconsin highways.  You can refuse, but your license will be revoked and you may be subject to additional penalties.

Wisconsin law allows police officers to administer breath, blood, or urinalysis tests. The law enforcement officer decides which test to administer. You can ask for an alternative test if you want one. The police must provide it at no cost. You can choose any alternative test you want, but you need to pay for it yourself.

If the officer asks you to provide a sample for a preliminary breath screening, he or she will use a portable device at the site to administer the test. The officer may use your blood alcohol level to determine whether to arrest you.

The result isn’t admissible in court to show your blood alcohol level. You don’t have to submit to a preliminary breath screening test and your refusing doesn’t count as a refusal for the purpose of the implied consent law (which means you’re not required to take the test).

It’s best not to take the preliminary breath test as it provides your criminal defense attorney with a better chance of proving the arresting officer didn’t have a reason for arrest.

If the officer asks you to provide a sample for a preliminary breath screening, he or she will use a portable device at the site to administer the test. The officer may use your blood alcohol level to determine whether to arrest you.

The result isn’t admissible in court to show your blood alcohol level. You don’t have to submit to a preliminary breath screening test and your refusing doesn’t count as a refusal for the purpose of the implied consent law (which means you’re not required to take the test).

It’s best not to take the preliminary breath test as it provides your criminal defense attorney with a better chance of proving the arresting officer didn’t have a reason for arrest.

During the hearing, the court will seek to determine:

  • If the officer had reason to believe the driver violated DUI laws and lawfully arrested them for it.
  • If the arresting officer informed the driver of their obligation according to the implied consent law
  • If the driver refused to take the chemical test, the arresting officer requested

You have the right to request a court hearing within 10 days after your refusal.  If you do not request the hearing or lose the hearing, you face license suspension for a year, or longer if you have prior refusals.  There are additional penalties. See What happens if I refuse.

You have 10 days to request an administrative hearing to challenge the suspension.  If you do not request the hearing or you lose at the hearing, you face loss of driving privilege’s for six months.  You may receive an additional license revocation, plus other penalties, if you are convicted.

No. You should get your case evaluated by an experienced DUI attorney Germantown.  A drunk driving charge can be defended even when test results show a prohibited alcohol concentration.  An experienced defense attorney will carefully investigate your DUI case to identify any number of possible defenses.

A DUI charge appears on your criminal record only when you are convicted, in which case it’s permanent even after serving your sentence and paying court-ordered fines.

According to Wisconsin law, a DUI conviction remains on your driving record for ten years. If you are convicted of a DUI again within ten years, the charge is considered a second DUI offense. However, if you are charged with a DUI offense ten years after the first offense, the new DUI is treated as a first offense.

No, your DUI criminal records cannot be expunged. If a DUI conviction can be expunged, the court will include this during sentencing. Some rare cases where DUI records can be expunged include when a person was under 18 years when they committed the offense.

In such situations, the court shall rule that the individual’s records be expunged when they successfully complete their sentence. Successful completion of a sentence in Wisconsin means the person hasn’t gotten a subsequent DUI offense, and if they were on probation, their probation wasn’t revoked, and their probation officer okay’s the probation conditions.

According to Wisconsin law, even if you manage to have your DUI charges expunged from your criminal record, the case is still a prior offense. As such, a subsequent DUI charge within 10 years of the first offense will attract harsher penalties.

Yes, DUI convictions will appear on your public record. Therefore, potential landlords, employers, and educational institutions will see the conviction when they run a background check on you. The 1st OWI offense might not show up on your CCAP since it’s not a criminal offense.

However, if the background check they run includes the Department of Transportation or the Wisconsin Department of Justice Crime Information Bureau, the charge will appear.

Not necessarily.  You may be eligible for an occupational license. The license with stipulations allows the license holder to drive only certain hours, for specified purposes (work, school, necessary household errands), and over certain routes.

You will not go to jail if this is your first offense. But you will have to pay fines and other penalties and your license will be suspended.  A mandatory jail sentence and larger fines are possible for second or subsequent offenses.  See Penalties.

An ignition interlock device is a device that is installed into the starting mechanism of a vehicle.  It requires the driver to blow into it when starting the vehicle.  It measures the driver’s alcohol concentration and prevents the vehicle from starting if the alcohol concentration exceeds a preset level.

Possibly.  The court will order you to install an ignition interlock device on your vehicle and restrict your driving privilege to operating only vehicles equipped with the device if:

  • You improperly refused to submit to a chemical test to determine the concentration of alcohol or drugs in your blood.
  • You are convicted of OWI and you had an alcohol concentration of 0.15 or more at the time of the offense.
  • You are convicted of OWI and you had one or more prior convictions.

If the judge orders you to install an ignition interlock device, you will be required to have it in your vehicle for at least one year, and possibly longer.  You will be responsible for the cost of installation.

Drivers under 21 are subject to all the same OWI laws as other drivers.  They are also subject to some additional restrictions.  It is illegal for a person who is under the legal drinking age of 21 to drive a vehicle with any trace of alcohol in his or her blood. See Minors and Alcohol. This is covered under the absolute sobriety law in Wisconsin.

Commonly known as ‘Not A Drop,’ the law stipulates that drivers under the legal drinking age cannot drive if they’ve consumed any amount of alcohol. If you are caught driving even after having a single drink of liquor, wine, or beer, you can be charged for violating the absolute sobriety law. 

No. Your employer has no obligation to fire you just because you were arrested for OWI. However, there are circumstances where employers may take action against employees based on their arrests. For example, your employer may require you to undergo a drug screening before returning to work. In addition, your employer may ask you about your criminal history, including whether you have ever been arrested for OWI.

If you receive a notice of administrative license suspension (ALS) you may request an administrative review hearing within 10 days of receiving the notice. At the hearing you must prove by clear and convincing evidence that you did not commit the traffic violation. The ALJ will decide whether to uphold the ALS. If you win the hearing, the ALJ will restore your license. If you fail to win the hearing, the ALS will remain in effect until the next scheduled hearing date. Experienced attorneys can help you prepare for the hearing and present your case. 

Yes. A long-term substitute license allows you to drive without having a valid driver’s license. It does not allow you to operate a commercial motor vehicle. To qualify for a long-term substitute permit, you must:

  • Have a clean record
  • Be able to demonstrate financial responsibility
  • Not be currently serving a sentence for a felony or misdemeanor
  • Not have had a license suspension or revocation since the last time you applied for a long-term permit
  • Not have more than two convictions for OWI or DWI within five years
  • Not have three or more convictions for OWI or one conviction for operating while intoxicated resulting in death or injury within ten years
  • Not have an active warrant for your arrest

You must apply for a long-term license from the Department of Transportation (DOT). You cannot use your old license. Also, you may need to pay a fee when applying for a long-term replacement permit.

SR-22 isn’t a type of insurance; instead, it’s a form an insurance company files on behalf of a high-risk driver that proves you have the minimum liability coverage Wisconsin needs. It’s also called the certificate of financial responsibility. The minimum insurance policies required in Wisconsin include:

  • $25,000 per driver and $50,000 for every accident to cover bodily injury liability
  • $10,000 for every accident to cover property damage liability
  • $25,000 for each person and $50,000 for every accident to cover uninsured motorist coverage

You can request the SR-22 insurance certificate from your insurance company and look for a different insurance provider. You’ll pay between $15 and $50 for your insurance company to send the certificate to the Wisconsin Department of Transportation. When the department receives it, they’ll reinstate your driving privileges if you meet other statutory requirements stipulated in your sentencing. Failure to get the SR-22 document when the court orders leads to the suspension of your vehicle registration.

Drivers charged and convicted of DUI experience a hike in auto insurance rates by between 28% and 371%. In Wisconsin, the insurance rates hike by about 46%. A driver with a clean driving record pays about $1,147 a year for car insurance, and this can hike to $1,674 a year after a DUI conviction.

On average the SR-22 costs between $62 and $122 a month, depending on the insurance company and the severity of your DUI offense. There’s also a one-time state fee for the paperwork.

Generally, DUI drivers should hold onto the SR-22 certificate for three years following the date they are eligible for their driving privileges to be reinstated. Insurance companies notify the DMV if you don’t renew or cancel the SR-22 policy.

Drivers charged and convicted of DUI experience a hike in auto insurance rates by between 28% and 371%. In Wisconsin, the insurance rates hike by about 46%. A driver with a clean driving record pays about $1,147 a year for car insurance, and this can hike to $1,674 a year after a DUI conviction.

The sobriety program is a program that authorizes the Wisconsin court or a state agency to sentence a Driver convicted for DUI to abstain from drugs and alcohol for a pre-determined period. The convict should take drug and alcohol tests twice a day during this time. Taking the sobriety program doesn’t exempt the offender from IID installation.

Refusing a breath test is a serious crime. Refusal to submit to a chemical test is punishable as a misdemeanor under Wis. Stat. § 343.305(4)(a), which states: “Any person who refuses to submit to any chemical test authorized by sub. (1) shall forfeit his or her privilege to operate a motor vehicle.”

Refusing a chemical test is a separate offense from being convicted of OWI. If you are charged with refusal, you should consult with an experienced drunk driving attorney.

Refusing to take a chemical test after being arrested can prove your guilt in court. The prosecution can argue that your refusal was because you already knew you would fail the test.

Preliminary breath tests are unreliable because of the small portable breath devices used. But even the evidentiary breath test can be unreliable. For instance, wearing dentures or burping during the 20-minute waiting period before the test can affect the results.

Yes. Under Wisconsin law, a person who refuses to submit a blood sample after being lawfully arrested for OWI loses their right to drive. This means that a person who has been arrested for OWI and refused a chemical test (breath or blood tests) cannot legally drive unless they successfully complete a court-ordered ignition interlock device program.

The ignition interlock device prevents you from starting the car if you have consumed alcohol. In order to start the car, you must first blow into the machine. If you do not pass the test, the car will not start.

If you are found guilty of refusal, the judge may order you to install an ignition interlock device on your vehicle for up to six months. After this period, the judge may require you to install the device permanently.

If you are required to install an ignition interlocking device, you may still face criminal charges

In Wisconsin, it is illegal to drive with a blood alcohol concentration greater than.08 percent. However, there is no legal limit for how many drinks you can consume before getting behind the wheel.

If you are stopped by police for suspicion of drinking and driving, officers will ask you how many alcoholic beverages you drank. They will also measure your BAC using a portable breathalyzer. The officer will then decide whether or not to issue you a citation based on the results of the breath test.

If you fail the breath test, you will be issued a ticket for OWI. Your BAC will be recorded on your criminal record. Depending on the number of prior offenses, you could be facing penalties ranging from a fine to jail time.

Being charged with a crime is a frightening experience.  Nathan J. Dineen Attorney At Law are available to answer your questions.  If you have been charged with a drunk driving offense in Wisconsin, contact us for a free evaluation of your case.

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