Operating While Intoxicated (OWI) is one of the most commonly charged offenses in Wisconsin. If you are stopped for an OWI or another traffic violation, it is imperative that you remain calm and exercise your rights. The more prepared you are for the stop, the better off you will be down the road.
At Olmr Law Office, we represent individuals who have been arrested for OWIs and other traffic violations throughout Port Washington, WI. Our attorneys will help you navigate the criminal court process and help to protect your driving privileges. OWI cases can be challenging to win and should be handled by an experienced attorney. Were you arrested for an OWI? Contact our office at (262) 483-7559 to schedule a confidential consultation.
Understanding OWI Laws and Penalties in Wisconsin
Under the Wisconsin Statutes Section 346.63, it is unlawful for a person to drive a motor vehicle while under the influence of an intoxicant or a controlled substance. Frequently referred to as Operating While Intoxicated (OWI), this crime carries substantial penalties.
Penalties for a first offense OWI in Wisconsin:
- A fine of $150 to $300.
- 6 to 9 month revocation of driving privileges.
- Mandatory ignition interlock device installation or 24/7 sobriety program for one year if blood alcohol concentration was .15% or higher.
- Jail time if the accident causes injury or death to another person or there was a minor in the car under the age of 16.
Penalties for an OWI increase substantially with a second or subsequent offense within 10 years. For instance, you could face a jail sentence of 5 days to 6 months if you are convicted of a second offense within 10 years. You could also lose your driving privileges for 12 to 18 months. If you are charged with a fourth or subsequent OWI or cause great bodily injury or death, you will face felony charges.
What Are My Rights When Pulled Over For an OWI in Wisconsin?
If you are pulled over for an OWI in Wisconsin, you have several rights that you should exercise. Foremost, you have the right to remain silent. You should exercise this right. Too often, individuals who are pulled over offer information to an officer that helps them to bolster their suspicion that you were driving under the influence. If you are pulled over, remain polite and cooperative but remain silent about whether you were drinking or where you were coming from.
You also have the right to refuse Field Sobriety Tests (FSTs). An officer may ask that you perform a series of tests to determine whether you are under the influence of alcohol or drugs. You do not have to agree to the FSTs, and you should politely decline. You have the right to be free from an unreasonable search and seizure. You do not need to and should not consent to a search of your vehicle. An officer must have probable cause.
If you are arrested, you have the right to an attorney. You should consult with a lawyer as early in the process as possible. Your driving privileges may be suspended based solely off of the arrest. You only have 10 days from the date of the arrest to request a hearing to protect your rights.
Other Common Traffic Violations We Handle
In addition to OWIs, there are several other common traffic violations that we handle. Our lawyers are well-versed in traffic violation cases and will help you get the best possible outcome in your case.
Other common traffic violations include:
- Driving on a suspended license
- Reckless driving
- Operating without a license
- Leaving the scene of an accident
- Evading police (fleeing)
- Driving without insurance
Contact our office today to discuss how we can help you fight the traffic citation. We are here to help.
Arrested for an OWI? Schedule a Consultation Today.
Were you arrested for an OWI in Port Washington, Grafton, or throughout Ozaukee County Wisconsin? Contact our office at (262) 483-7559 to schedule a confidential consultation. Let us help you get the outcome you deserve. Call now to get started.
