ABOUT OWI CHARGES
In the state of Wisconsin, being convicted of driving under the influence (DUI) or operating while intoxicated (OWI) can include jail time, significant fines, losing your license and additional penalties depending on any previous offenses. Based on your specific case, you may have only ten days to object to the suspension of your driver’s license from the time you were arrested. Because OWI and DUI charges carry severe penalties, it is in your best interest to consult with an attorney as soon as possible. LEE LAW FIRM is committed to helping you build your OWI defense and positioning you for the best possible outcome for your case.
What to look for in your case
When building a defense we will review all the evidence against you in your case. This includes the police reports, videos, chemical test results, health issues you might have, and other elements that come up specific to your case. Many times when someone gets arrested they do not understand their rights or the due process they are protected to have. That is why it is so important to have an attorney look at your case. Even if you think you are guilty, that might not be the case. A few of the important elements we will look at in your case are:
- The stop
- The arrest process
- The chemical test
- Police procedure
- The validity of the evidence
- Witness testimonies and statement
- The BAC (especially if you were close to 0.08)
- Other evidence and discovery
The following constitutes OWI or DUI:
Driving with a Blood Alcohol Concentration (BAC) of .08 percent or higher. If you are stopped for an OWI with a blood or breath test that registers at .08 percent or higher, you are considered intoxicated and unable to operate a vehicle safely.
Driving under the influence of drugs, alcohol, and/or chemical substances.
Driving with any detectable amount of intoxicant in your system.
Driving under the influence of any drug.
You do not have to consent to a test. If you refuse, you will be given a Notice of Intent to Revoke Operating Privilege. You will have ten days to request a court hearing. If you do not request a hearing or lose the hearing, your license will be suspended for at least one year.
If you consent to a test and the result of the test is above the legal limit, you will be given a Notice of Intent to Revoke Operating Privilege. You have ten days to request an administrative hearing to challenge the suspension of your license. Failure to request a hearing or losing the hearing will cause your license to be suspended for six months. You may also receive additional penalties, if you are convicted.
A first offense OWI or DUI is considered a civil offense — not a criminal offense. Penalties for a first offense OWI or DUI can include fines up to $800 and having your license suspended for at least six months.
Second and third offenses of OWIs and DUIs are misdemeanors. Penalties include significantly larger fines, longer driver’s license suspensions, and time in jail. A fourth conviction and consecutive convictions are felony charges.