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WISCONSIN OWI LAW

Blood Alcohol Level (BAC) for Operating While Intoxicated (OWI) in Washington:

  • Standard BAC: .08% or above
  • Zero Tolerance BAC: .00% or above
  • Commercial Drivers: .04% or above
  • High BAC: None

Implied Consent and Chemical Test Refusal: Wisconsin Implied Consent law provides that you have implicitly consented to a chemical test to determine your blood alcohol concentration if you are driving a car on Wisconsin public roads. An officer who suspects you may have been drinking may give you the chemical test by testing your urine, breath, or blood for alcohol. If you fail to submit to this test, you will lose your driver's license for up to a year.

Punishment in Wisconsin for a breach of Implied Consent law or for an OWI arrest can be severe. Because the process of defending yourself can be stressful and complicated, you should contact a Wisconsin OWI lawyer for help with your case.

OWI Arrest - Civil Case

Potential Penalties:

  • License Suspension:
    • First OWI Conviction: Between 6 and 9 months. You must also complete an alcohol assessment.
    • Second OWI Conviction: Between 12 and 18 months, and submit to an alcohol assessment.
  • Monetary Fines:
    • First OWI Conviction: $150-$300.
    • Second OWI Conviction: $300-$1,100.
  • Community Service: Possible community service after your first and second OWI.
  • Probation: Yes, after conviction of an OWI.
  • Motor Vehicle Impoundment: Yes, after your second OWI.
  • Ignition Interlock: An ignition interlock device is required after your second OWI.
  • Prison Time:
    • First OWI: No time in prison.
    • Second OWI: Between 5 days and 6 months.

Potential Criminal Consequences of OWI: Your first through fourth OWI charges in Wisconsin are charged as criminal misdemeanors. Any subsequent offenses are charged as felonies. Contact a Wisconsin criminal lawyer to discuss your options in dealing with these charges.

Reinstating Your License After OWI Conviction: File proof of liability insurance (SR-22 form), and proof of installation of an Ignition Interlock Device. You do not have to file an SR-22 form if you have only been convicted once of OWI. You will also need to reapply for your Wisconsin driver's license, and pay a $60 reinstatement fee.

Effect of OWI on Car Insurance: Expect your insurance premiums to rise incredibly after your OWI conviction. Most likely you will have to find an insurance company who will provide you with an SR-22 high risk insurance policy. As stated, this can be very expensive.

Effect of OWI on Driving Record: You face a permanent mark on your driving record if you are convicted of an OWI in Wisconsin.

Under 21 and OWI: Wisconsin has a "Not a Drop" alcohol policy for underage drivers. This policy means that underage drivers who have even a trace of alcohol in their systems while driving must pay a $21 fine, and face a 3 month driver's license suspension.

Wisconsin Resources

Wisconsin Department of Transportation
http://www.dot.wisconsin.gov/drivers/

Wisconsin Bureau of Driver Services
http://www.dot.wisconsin.gov/drivers/

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