DUI/OWI/OVWI in Brookfield Wisconsin
DUI, OWl, PAC, ADMINISTRATIVE SUSPENSIONS
If you've been charged with drunk driving in Wisconsin, it's important to take the charges seriously. A DUI (also known as OWI) conviction can have significant consequences, including fines, higher insurance rates, loss of your license and even jail or prison time. Whether you call it DUI or OWI, PAC or BAC, the charge can change your life. Each case offers a variety of possible defenses that can result in the charge being reduced or possibly dismissed.
At Host & Keane, S.C., we help people who are facing any level of drunk or drugged driving charge. I will guide you through the complexities of our legal system. It takes a great deal of experience and knowledge to provide a legal defense to obtain an acquittal or reduction of an alcohol or drug related offense. I will use my years of experience to conduct a thorough examination of your case. Your performance on field sobriety tests, the preliminary breath test (PBT), the results of any blood or breath tests, and police videos and reports must be obtained and reviewed. I am committed to protecting the rights of my clients charged with OWI related and other serious offenses.
Drunk Driving in Wisconsin - Generally.
In Wisconsin, drunk driving is divided into two different offenses. The two offenses are (1) operating while intoxicated (OWI), and (2) operating with a prohibited alcohol concentration (PAC).
First Offense OWI/PAC is a civil matter in Wisconsin unless there is a passenger under 16 years of age in the vehicle. The penalties include a forfeiture of $150.00 to $300.00 plus costs totaling approximately $700.00, a 6 to 9 month revocation of your driver's license, 6 points against your driving record and the requirement of an alcohol assessment. If your PAC is.15or greater, you will be required to have an ignition interlock device on your vehicle for one year following conviction. If there is a passenger under 16 years of age, you can be fined $350.00 to $1,100.00 plus costs, serve 5 to 6 months in jail, and lose your license for 12 to 18 months.
Second Offense Operating While Intoxicated or with a prohibited blood alcohol concentration is also a 6 point violation. More importantly, this offense can subject you to incarceration for a period of 5 days to 6 months. Your driver's license can be revoked for 12 to I8 months and there is a waiting period for you to obtain an occupational license. In addition, you will be required to have an ignition interlock device placed on your vehicle during the period of revocation and there is a waiting period prior to your obtaining an occupational license.
Third Offense Operating While Intoxicated or with a prohibited blood alcohol concentration is also a criminal offense. The forfeitures can range from $600.00 to $8,000.00, not including court costs. Your driver's license can be revoked for 24 to 36 months, and you will go to jail for between 45 days to one year. There will be a waiting period for you to obtain an occupational license and you will have to have an ignition interlock device placed on your vehicle. Additionally, you will have to have to attend an alcohol or other drug assessment and attend a victim impact panel as ordered by the Court.
Fourth Offense Operating While Intoxicated or with a prohibited blood alcohol concentration in Wisconsin is now a felony. Fines and costs can range from $600.00 to $40,000.00. You will go to jail or prison for a period of between 6 months to 3 years with an additional 3 years of extended supervision attached to any prison sentence. Your driver's license will be revoked from 24 to 36 months and you will have a substantial waiting period before you can obtain an occupational license depending on how long ago your prior offenses were. In addition, you will have to have an ignition interlock device placed on your vehicle and you will have to attend a victim impact panel.
Fifth Offenses and more are also felonies. The fines or forfeitures will range between $600.00 and up to $100,000.00 depending on what offense this is. You will be incarcerated for between 6 months to 7 years and 6 months, including up to 5 years of extended supervision added to any prison sentence. Your driver's license will be revoked for between 24 and 36 months, and you will have a waiting period before obtaining an occupational license. Again you will have to have an ignition interlock device placed on any vehicle you operate during the period of your revocation.
Refusals. Wisconsin has what is called an implied consent law. That means that when you obtain your driver's license, you impliedly consent to a police officer, if he or she has reasonable suspicion to stop you and probable cause to arrest you, to require you to take a breath, blood or urine test. If you fail to do so, your driver's license will be revoked for anywhere from 1 year to 2 years. At Host & Keane, S.C. we often receive telephone calls from persons who are presently being detained for operating under the influence. Our advice is always to take the blood, breath or urine test as requested by the arresting officer as, in our experience, it is easier to defend the breath, blood or urine test than it is to defend the improper refusal to take the test.
If you are charged with an operating under the influence or drug offense and/or a prohibited blood alcohol concentration, or drug charge, contact Host & Keane, S.C. immediately upon your release from jail. There are things that need to be accomplished right away, such as investigations of the scene, review of the appropriate reports, and preparing for events that are time sensitive such as requesting an administrative suspension hearing. An administrative suspension hearing allows the Department of Transportation to revoke your driver's license for a period of up to 6 months simply if they have obtained a blood, breath or urine sample over the legal limit depending on what offense you are charged with. It is important that that suspension be challenged immediately in order to protect your rights, your driving record, and what occurs following a conviction for these most serious offenses.
Effective July 1, 2010, the Wisconsin Legislature made significant changes to Wisconsin's Drunk driving Laws affecting charges occurring after that date. Following is a breakdown of the changes in the law following July 1, 2010, indicating the seriousness of any OWI and PAC related offense.
