If you are facing an OWI charge in Wisconsin, there is a lot you need to know. While most people have a general understanding that OWI charges will land them in court, there are many more facts that most people don’t know about facing a drunk driving charge under Wisconsin law.
So, what do you need to know to protect yourself? Here are ten important facts that most people don’t know about facing an OWI in Wisconsin:
Fact #1: Drunk Driving Arrests Can Lead to Multiple Charges
One fact that many people don’t know is that a drunk driving arrest can potentially lead to a variety of different charges. For example, along with OWI, many people will also face charges for open container violations and implied consent violations—among other offenses.
Causing a severe or fatal accident while driving under the influence can lead to additional charges as well. When facing charges in Wisconsin, you must be aware of all the charges you need to defend against.
Fact #2: The Penalties for OWI Charges Can Be Severe
Even if we focus solely on “standard” OWI charges, the consequences of getting arrested for drunk driving in Wisconsin can be severe. First-time OWI offenders face hundreds of dollars in fines, surcharges, and a six- to nine-month driver’s license suspension. Those arrested with a blood alcohol concentration (BAC) of 0.15 percent or above also face mandatory ignition interlock device installation or participation in a 24/7 sobriety program for 12 months. For repeat offenders, Wisconsin’s OWI penalties are even more significant.
Fact #3: An OWI is a “Major Violation” Under Wisconsin’s Habitual Traffic Offender (HTO) Law
Another critical fact to be aware of is that an OWI is a “major violation” under Wisconsin’s habitual traffic offender (HTO) law. Under the HTO law, if you get convicted of (or plead guilty to) four significant violations in five years, you will lose your driver’s license for five years. If you get caught driving while your license is suspended under the HTO law, you can face up to $7,500 in fines and 18 months in jail, plus an extension of your driver’s license suspension.
Fact #4: Prosecutors Don’t Need Your BAC to Secure an OWI Conviction
For many people, one of the most surprising facts about Wisconsin’s OWI laws is that prosecutors do not need their BAC to secure a conviction. In Wisconsin, it is against the law to operate a motor vehicle while “[u]nder the influence of an intoxicant . . . to a degree which renders [you] incapable of safely driving.” Proving that you were incapable of safely driving involves showing the effects of your alcohol consumption, not your level of blood alcohol concentration.
Fact #5: If Prosecutors Have Your BAC, They Don’t Need Other Evidence
However, if prosecutors have your BAC, this is all the evidence they need. This is because Wisconsin’s OWI laws also make it illegal to drive with a “prohibited alcohol concentration.” For non-commercial drivers age 21 and older, a prohibited alcohol concentration is a BAC of 0.08 percent. If prosecutors can prove that your BAC was over the legal limit, they do not also need to prove that you were “incapable of safely driving.” They only need to establish one or the other.
Fact #6: You Can Assert a Successful Defense Even if You Admitted to Driving Drunk
Let’s say you admitted to driving drunk during your traffic stop. This is a widespread mistake. If you acknowledged that you were under the influence, does this mean your case is already over?
The short answer is “No.” Even in this scenario, there are a variety of defenses that an experienced OWI lawyer may be able to assert on your behalf. If you are in this situation, we encourage you to read Why You Shouldn’t Plead Guilty Even If You Admitted to Driving Drunk in Wisconsin.
Fact #7: Successfully Defending Against an OWI Charge is Not Easy
While there are several ways to defend against OWI charges in Wisconsin, avoiding unnecessary consequences is difficult. To execute a successful defense strategy, you need to know how the law protects you and be able to use these protections effectively in court.
Fact #8: Pretrial Diversion is Not an Option in Wisconsin OWI Cases
Pretrial diversion is a program that allows first-time offenders to avoid the life-altering consequences of an OWI conviction. But there’s one problem: This program is not available in Wisconsin. While OWI defendants used to be able to divert their cases from trial in many instances, this is no longer an option. As a result, if you are facing an OWI charge, you must either focus on negotiating a plea deal or concentrate on fighting your charge in court.
Fact #9: The Costs of an OWI Conviction Can Far Exceed Your Fines and Surcharges
While the fines and surcharges for OWIs can be substantial, these are not the only costs you will incur if you get convicted. Your insurance premiums will increase substantially—almost certainly cost you hundreds (if not thousands) of dollars annually. From license reinstatement costs to the cost of losing your job as a result of your conviction (which can be a genuine possibility), OWIs can lead to a wide range of other expenses as well.
Fact #10: Hiring an Experienced OWI Lawyer Can Be Your Least Costly Option
Given these costs, hiring an experienced OWI lawyer can be your least costly option after a drunk driving arrest in Wisconsin. If your lawyer can help you avoid an OWI conviction (even if this means accepting a plea bargain), your legal fees will be well worth it.
Get Help from an Experienced OWI Lawyer in Madison, WI
Are you facing an OWI charge in Wisconsin? If so, we encourage you to contact us promptly for more information. For a free, no-obligation consultation, call 608-291-7609 or tell us how we can reach you online now.