A first OWI offense in Wisconsin poses significant legal challenges and can have drastic consequences. You might lose your driver’s license, have to pay a fine, or even serve jail time. Fortunately, a Wisconsin OWI defense lawyer can help you avoid the worst possible outcomes by employing a robust defense.
Penalties for a First-Time Wisconsin OWI
While some states use “DUI” (driving under the influence) or “DWI” (driving while impaired) to describe someone operating a vehicle after drinking alcohol, the legal term in Wisconsin is “OWI” (operating a vehicle while impaired). The penalties for a first-time OWI vary depending on the facts of your case, but could include:
Drivers over 21 facing a first-time OWI for an incident involving no injuries or deaths may face such penalties as:
- Driver’s license suspension for six to nine months
- A fine of $150 to $300, plus a $435 OWI surcharge
- Mandatory ignition interlock device installation or participation in a 24/7 sobriety program for one year with a BAC of 0.15 percent or more
A first-time OWI involving injuries can yield more harsh penalties, including:
- Jail time of 30 days to one year
- Driver’s license suspension for one to two years following your jail sentence
- A fine of $300 to $2,000, plus a $435 OWI surcharge
- Mandatory ignition interlock device installation or participation in a 24/7 sobriety program for one to two years following your jail sentence
Possible Defenses for a First OWI in Wisconsin
A Wisconsin OWI defense attorney can determine the best strategy for your situation. Some options your lawyer might explore include:
- Challenging the Traffic Stop – Your lawyer can argue that the police didn’t have a valid reason to pull you over. If the police didn’t have probable cause to stop you, any evidence they collected could be thrown out, weakening the prosecution’s case and potentially causing them to drop or reduce your charge.
- Challenging Field Sobriety Tests – Field sobriety tests are not always reliable, especially if you have certain medical issues or an officer conducted the tests in poor conditions. Your attorney can point out these flaws to weaken the prosecution’s case.
- Disputing Breath or Blood Test Results – Chemical blood and breath tests in DUI cases rely on sensitive equipment that the police must properly maintain and calibrate. If the police didn’t do your chemical test correctly or properly calibrate the equipment, your lawyer may be able to challenge the accuracy of your BAC (blood alcohol content) reading.
- Arguing Improper Police Procedure – Officers must follow strict protocols during an OWI stop and arrest. If the police violated your rights – for example, by not properly reading your Miranda warnings – your lawyer can use those violations to argue for reduced charges or penalties.
- Negotiating for Reduced Penalties – Even if the police have strong evidence, your lawyer may be able to negotiate a plea deal that lets you avoid jail time or reduces your charges.
How Our Waukesha OWI Defense Lawyers Can Help
Waukesha Criminal Defense has over 30 years of experience helping people with complex legal cases. We can identify the best defense strategy for your situation, gather evidence to support your case, and protect you during interactions with the police or prosecutors. Whether we’re questioning the traffic stop or looking for issues with the chemical BAC test, we’ll aggressively fight for your rights to help you avoid the worst possible outcome. Call now or complete our contact form for a free consultation.