If you have been charged with OWI in Wisconsin, you may be facing serious penalties besides the loss of your driving privileges. You may be facing jail time, and the penalties may escalate if it was not your first offense, or if there are aggravating factors. However, it is not a foregone conclusion that you would be convicted of the crime or receive the maximum possible sentence. You should hire an OWI attorney from Hogan Eickhoff to represent you in your criminal case. They could review your case to determine whether there are any possible defenses, or they may work with the prosecutor to obtain the best possible legal result.
First Offense OWI
If you have been charged with a first OWI, it is treated as a civil offense under Wisconsin law. Although there are steep penalties associated with a conviction, an OWI would be akin to a traffic ticket. There would not be a possibility of jail time for the initial OWI conviction, although there may be a potential sentence if there are aggravating factors present.
The most common penalties for a first OWI conviction are fines and the loss of your license. You could have your driving privileges taken away for up to nine months. In addition, you must pay a fine of up to $300, along with a $435 driver improvement fee. If your BAC was above .15 when it was measured, you must install an ignition interlock device for 12 months.
There are certain aggravating factors that may lead to tougher penalties and raise the severity of the charge that you would be facing. These factors include:
- A high blood alcohol content over .15 could result in a longer license suspension and jail time
- If there was a minor in the vehicle under the age of 16, even a first-time OWI can be treated as a felony offense
- If the OWI resulted in serious injury or death, you may be facing a jail sentence of up to 25 years
Even if you are facing a civil charge (as opposed to a criminal one), you would still need the help of a criminal defense attorney. Not only would you be facing the loss of your driver’s license, but you would have one conviction on your record. Accordingly, a second conviction in the future would result in jail time.
Second and Third Offense OWI
If you have been charged with OWI for a second time within a ten-year span, the case would be criminal in nature. A second OWI is treated as a misdemeanor. If you are convicted of the charges, there is an automatic mandatory five-day minimum jail sentence.
Depending on your record and any other factors applied by the judge, you could be sentenced to up to six years in prison. Your fines could range up to $1,100 (in addition to the driver surcharge), and your license could be suspended for up to 18 months. The same aggravating factors that apply to a first offense would also be applicable here, meaning that the sentence may rise if they are present. A third offense is still treated as a misdemeanor, but the punishment rises to 45 days to a year in jail.
Fourth Offense OWI
If you are convicted of a fourth OWI, the charges would be upgraded to a felony. Then, the jail sentence would rise to six months to six years in prison. If the fourth offense occurred within a 15-year time span, you would face a permanent revocation of your license. The jail sentence increases progressively for further convictions. Each subsequent offense would be charged as a felony, with a minimum jail sentence for a conviction.
OWI Defense Strategies
You have legal rights if you have been charged with OWI in Wisconsin. Nonetheless, the prosecutor has a lower standard of proof to convict you for a first offense, since it is not a criminal charge. Here, the prosecutor must prove their case through clear and convincing evidence. When the charges are criminal, the prosecutor must prove them beyond a reasonable doubt, which is a higher standard of proof.
Regardless of whether you are charged criminally or civilly, you are faced with the same choice of whether to try to negotiate with the prosecutor or fight the charges against you. Depending on the nature of the charges and the evidence that the prosecutor has against you, it may be in your best interests to seek a plea bargain that could allow you to escape the worst consequences. However, you should know that it is not possible to expunge an OWI conviction from your record under most circumstances. Accordingly, you may decide to fight the charges against you with the help of a criminal defense attorney.
Defenses to OWI charges in Wisconsin may include the following:
- Police did not have reasonable suspicion to stop you in the first place
- The Breathalyzer machine that measured your blood alcohol content was not properly calibrated
- The blood testing that revealed your BAC was faulty, or the evidence was not properly handled
- Your rights were otherwise violated during either the traffic stop or the period in which you were detained by police
- You had health conditions that caused your BAC to rise beyond the legal limit
Your criminal defense lawyer would work with you to determine which course of action is in your best interest. Do not make any assumptions just because you were charged with OWI.
Contact an Appleton Criminal Defense Lawyer
If you have been charged with OWI, you need immediate legal help from a criminal defense attorney. The lawyers at Hogan Eickhoff are in your corner when you need them. We can use our extensive experience to help you obtain the best possible legal result in your case, making sure that you understand what you are facing. You can schedule a free initial consultation with a criminal defense attorney by filling out an online contact form or by calling us today at (920) 450-9800. Our team of experts defends various misdemeanors and felonies including sex offenses, property crimes, domestic violence, violent crimes, and drug offenses.