Driving under the influence is a serious offense with severe legal and personal consequences, and this is especially true for underage drivers in Wisconsin. Underage OWIs in Wisconsin are treated with a zero-tolerance policy, making it crucial for young drivers and their families to understand the laws, penalties, and long-term effects of an OWI conviction.
Wisconsin’s Zero-Tolerance Law for Underage Drivers
Wisconsin has adopted a strict zero-tolerance policy for drivers under 21 when it comes to alcohol consumption and driving. For adults, the legal blood alcohol concentration (BAC) limit is 0.08%, but for those under 21, any detectable alcohol in the system can result in an OWI charge. Even a BAC as low as 0.01% can lead to serious consequences for an underage driver.
The rationale behind the zero-tolerance policy is straightforward—underage drinking is illegal, and combining alcohol with driving heightens the danger to everyone on the road. As a result, Wisconsin law enforcement takes a particularly tough stance on underage drivers who are caught operating a vehicle after consuming alcohol.
What Qualifies as an Underage OWI in Wisconsin?
An underage OWI (or DUI) occurs when a driver under the age of 21 is found to have consumed any amount of alcohol or controlled substances and operated a motor vehicle. Unlike adults, who face OWI charges when their BAC reaches or exceeds 0.08%, minors can face penalties for any detectable level of alcohol in their system. Even if the BAC is below the legal adult limit, the mere presence of alcohol can trigger the state's strict underage OWI laws.
If an underage driver is caught with a BAC of 0.08% or higher, they will face the same penalties as an adult driver. However, underage drivers also face additional penalties due to their age, and in many cases, these penalties are even harsher than those imposed on adult offenders.
Penalties for Underage OWI
An underage OWI conviction comes with significant consequences that go beyond those of a typical OWI case. These include:
- Fines: An underage OWI conviction can result in fines ranging from several hundred to several thousand dollars, depending on the circumstances of the arrest, prior offenses, and whether the BAC was above or below 0.08%.
- Driver’s License Suspension: A key penalty for underage drivers convicted of OWI is the suspension of their driver’s license. The length of the suspension can vary, but it often ranges from three months to a year or more, depending on whether it’s a first offense or if there are aggravating factors (such as high BAC or causing an accident). This suspension can severely impact a young person’s ability to work, attend school, or fulfill other daily responsibilities.
- Increased Insurance Rates: An underage OWI conviction will almost certainly result in higher car insurance premiums. Many insurance companies view OWI offenders as high-risk drivers, and premiums could rise dramatically. In some cases, insurers may even refuse to renew coverage, leaving the individual to seek alternative, often more expensive, insurance options.
- Permanent Criminal Record: One of the most damaging consequences of an underage OWI conviction is the potential for it to remain on the driver’s criminal record. In Wisconsin, OWI offenses stay on your driving record for life, and they can also appear on your criminal record depending on the severity of the charge. This could negatively affect future employment opportunities, housing options, and more.
- Two Tickets for One Offense: One unique aspect of underage OWI offenses in Wisconsin is that the offender typically receives two tickets: one for the OWI itself and another for underage drinking. This effectively means that a single traffic stop can result in multiple charges, compounding the financial and legal burdens for the young driver. These dual charges can also result in additional penalties, such as mandatory alcohol education programs or community service.
Additional Consequences of Underage OWI
Beyond the legal penalties, an underage OWI can have long-lasting social and personal consequences. Here are a few examples:
- Educational Impacts: Many colleges and universities consider a criminal record, including OWI offenses, in their admissions process. For students already enrolled, a conviction could lead to suspension or expulsion from school, particularly if the offense violates campus conduct codes.
- Employment Challenges: Many employers require a background check as part of the hiring process, and a criminal record can be a significant barrier to obtaining employment. This is especially true for jobs that require driving as part of the responsibilities.
- Strained Relationships: Family relationships and friendships may suffer as a result of an OWI conviction. The emotional and financial strain of the legal process, combined with the stigma of a criminal record, can put stress on relationships, especially for young drivers who rely on their parents or guardians for support.
Defending Against an Underage OWI Charge
If you or a loved one has been charged with an underage OWI in Wisconsin, it is critical to take action quickly and seek the guidance of an experienced OWI defense attorney. There are several potential defenses that an attorney might explore that can help you get the justice you deserve.
Challenging the Traffic Stop
One of the first things an attorney may investigate is whether the traffic stop was lawful. Law enforcement officers must have reasonable suspicion to pull over a driver, and if the stop was made without sufficient cause, it may be possible to challenge the arrest.
Questioning BAC Testing Procedures
Breathalyzer and blood tests must be conducted properly, and the results can be challenged if there is any indication that the testing equipment was not calibrated or maintained correctly. Additionally, human error in administering the tests can lead to inaccurate results.
Exploring Diversion Programs or Reduced Charges
In some cases, an attorney may be able to negotiate a reduced charge or recommend participation in a diversion program, which could lead to the dismissal of the charges upon successful completion of alcohol education courses and community service.
Why Choose Olmr Law Office for OWI Defense?
At Olmr Law Office, we understand the unique challenges that come with an underage OWI charge. Our experienced legal team has a deep understanding of Wisconsin’s OWI laws and knows how to build a strong defense on your behalf. We offer compassionate, dedicated legal counsel to help you navigate this difficult time and protect your future.
Whether it’s challenging the validity of the traffic stop or negotiating for reduced charges, Olmr Law Office has the experience and tenacity needed to fight for the best possible outcome. We know that a single mistake shouldn’t define your future, and we’re here to help you every step of the way.
Contact Ulmr Law Office Today
An underage OWI in Wisconsin is a serious charge that can have long-term consequences for young drivers and their families. Understanding the law, knowing the penalties, and being aware of your legal options are critical steps in protecting your future. If you or someone you know is facing an underage OWI, Contact Olmr Law Office for experienced legal guidance and dedicated support.
