In Wisconsin, a drunk driving offense is called “operating while intoxicated” or OWI. Under this law, even starting an engine while you are drunk may be enough to trigger an arrest. This arrest will then open two separate cases, an administrative case for your driver’s license suspension and a court case for your OWI violation.
To help ensure you can protect your legal rights throughout the process, you must learn about the key steps you need to take after your traffic stop.
Cooperate with the police
After your OWI traffic stop, you must remain calm and cooperative with the police officers. Adhering to standard procedures can display your compliance and reduce stress for everyone.
Under the state’s implied consent law, any driver stopped for a suspected OWI must take a chemical test, such as a breath or blood test, to confirm the presence of alcohol or drugs in their system. Refusing to take such tests may lead to legal consequences.
Enforce your right to remain silent
After your chemical tests, a police officer will take your mugshot, fingerprints and personal details at the local station. While the officer-in-charge can ask about your personal information, you can respectfully decline to answer specific questions about the incident by requesting a lawyer.
Depending on your OWI arrest and your criminal record, they may release you after a few hours or detain you until your scheduled first court appearance. However, you may need to post bail to be released from jail.
Protect your license
If your chemical tests showed a BAC of at least 0.08%, you will receive a notice of suspension of your driver’s license. You need to request an administrative hearing within 10 days. This step is crucial in appealing to your case, which may help you keep your driving privileges.
Prepare for your OWI case
While you await your first court date or arraignment, you must hire a lawyer who can advocate for you and inform you of your legal options. By collaborating with them, you can become familiar with the process and make informed decisions about your plea agreement, which, if successful, may help you receive a lighter sentence or a reduced charge.