Understanding Wisconsin OWI Laws And Statutes
If you have been accused of operating a vehicle while intoxicated, you may not know the next steps to take. Should you plead guilty or innocent? How can you build your defense? What consequences do you face if you are found guilty? If you face drunk driving charges in Neenah or elsewhere in Wisconsin, working with an experienced attorney can be key to choosing the correct course of action and to defend yourself.
At Hammett, Bellin & Oswald, LLC, we understand that charges of operating while intoxicated (OWI) are often the first criminal charges that our clients face. We work to create the best possible results for them, offering creative solutions and experienced legal strategy for clients in Neenah, as well as Door County. These charges can have a long-term impact on your life, your work and your freedom, but we are here to help defend you.
Understanding Wisconsin’s Dual Track OWI Laws
A Wisconsin OWI arrest can involve more than one legal theory. Under Wis. Stat. § 346.63, prosecutors often file both OWI and prohibited alcohol concentration (PAC) charges from the same traffic stop. Understanding the distinction can help you make informed decisions about your defense.
OWI Under Wis. Stat. § 346.63(1)(a)
An OWI charge focuses on impairment. Prosecutors attempt to prove that alcohol or another intoxicating substance affected your ability to operate a vehicle safely. Evidence may include driving behavior, officer observations, field sobriety tests and witness testimony. A chemical test can strengthen the state’s case but is not always required.
PAC Under Wis. Stat. § 346.63(1)(b)
A PAC charge is different because it relies on a chemical measurement. For most Wisconsin drivers, the state must prove a blood or breath alcohol content of .08% or higher. Unlike an OWI allegation, prosecutors do not have to prove actual impairment if the statutory limit is met.
Many drivers are surprised to receive both OWI and PAC citations after the same arrest. Wisconsin allows prosecutors to charge both offenses as alternative theories. However, the court cannot punish a defendant twice for the same incident. If convictions occur under both provisions, the offenses merge into a single judgment for sentencing purposes.
Another important part of a Wisconsin drunk driving case involves the implied consent law under Wis. Stat. § 343.305.
Implied Consent Refusals Under Wis. Stat. § 343.305
Wisconsin law provides that anyone operating a motor vehicle has consented to chemical testing when an officer lawfully requests it during an OWI investigation. Refusing a blood or breath test can create separate administrative consequences apart from the criminal case.
A refusal may lead to:
- Driver’s license revocation for one year
- Mandatory ignition interlock device requirements in qualifying cases
- Additional administrative penalties
- Evidence of the refusal being presented during the criminal proceeding
These administrative sanctions can apply even while the underlying OWI charges remain pending.
At Hammett, Bellin & Oswald, LLC, we carefully examine both tracks of the prosecution and review whether the traffic stop was lawful, whether field sobriety and chemical testing complied with Wisconsin law, and whether implied consent procedures were properly followed. Technical errors involving an OWI, PAC or implied consent refusal can affect the strength of the state’s case and create opportunities to protect your license, your rights and your future.
The Consequences Of A Drunk Driving Conviction
Wisconsin Statutory OWI Penalty Structure
| Offense Tier | Legal Classification | Jail / Prison Confinement | Base Fines & Forfeitures | License Revocation | Ignition Interlock (IID) |
|---|---|---|---|---|---|
| 1st Offense | Civil Infraction (Non-Criminal) |
None (Unless a minor is in the vehicle or injury occurs) |
$150 – $300 (Plus $435 OWI surcharge & court fees) |
6 – 9 Months | Mandatory for 1 Year only if BAC is 0.15% or higher |
| 2nd Offense (Within 10 years) |
Criminal Misdemeanor | 5 Days – 6 Months | $350 – $1,100 (Plus $435 OWI surcharge) |
12 – 18 Months | Mandatory for 1 – 1.5 Years (Applies to all owned/driven vehicles) |
| 3rd Offense | Criminal Misdemeanor | 45 Days – 1 Year | $600 – $2,000 (Fines escalate significantly based on BAC metrics) |
2 – 3 Years | Mandatory for 1 – 3 Years |
| 4th Offense | Class H Felony | 60 Days – 6 Years in State Prison | $600 – $10,000 | Lifetime Revocation (If within 15 years of the 3rd offense) |
Mandatory for 1 – 3 Years |
Wisconsin has the highest rate of driving under the influence (DUI) in the United States according to the Wisconsin Department of Transportation, and these charges are taken very seriously. The consequences of being convicted of drunk driving in this state can include:
- Fines and fees, which can total up to $100,000 depending on the specific charges
- Suspension or revocation of your license
- Confinement in jail or prison
- Required sobriety programs or use of an ignition interlock device (IID)
The attorneys at Hammett, Bellin & Oswald, LLC, have nearly eight decades of combined experience, and we understand the long-term impact that these charges can have on your life. The loss of your license can limit your freedom and your ability to maintain your career and your social life. Fines and fees can be a burden. You may be treated differently after confinement.
We are dedicated to guiding our clients through the legal process and limiting the impact that these charges have on their life moving forward. We can work with you to create a defense strategy that protects your rights. You have the right to experienced and skilled representation. We would be proud to represent you.
What Happens After A DUI Arrest?
The moments following a DUI arrest in Wisconsin can shape the entire course of your case. After an arrest, law enforcement will take you to the station for processing and additional testing. You will likely face an immediate administrative suspension of your driving privileges, which takes effect 30 days after your arrest unless you request a hearing within 10 days.
In any case, the law does not care whether you did not harm anyone or that it was your first offense; hence, the choices you make matter. The arresting officer’s report, your behavior and your statements become part of the evidence that can affect your case’s outcome. Many people do not realize that Wisconsin’s implied consent law means refusing a chemical test can result in automatic license revocation – separate from any penalties that might come with a conviction.
With all the stakes at hand, you cannot afford to sit in silence or fear asking for help after a DUI arrest – prompt action can make all the difference.
It Is Important To Involve An Attorney Early
The first hours and days after a DUI arrest present the opportune moment to protect your rights. A thoughtful legal strategy, developed early, can make a meaningful difference in your case outcome. Early attorney involvement allows for:
- Immediate review of arrest procedures and testing methods
- Preservation of crucial evidence that might otherwise be lost
- Timely filing of administrative hearing requests to protect your driving privileges
- Evaluation of possible defense strategies based on fresh evidence
The reality is that successfully handling a DUI case requires prompt legal action. While you might feel overwhelmed, remember that confusion about your rights or fear of the process should not keep you from seeking legal help.
We will strive to build a defense strategy by combining extensive knowledge of both sides of these cases with a compassionate, client-focused approach to a thorough review of your unique situation. With the right knowledge of how the legal system works, we examine every element – from the initial traffic stop to the testing procedures used. This detailed approach often reveals opportunities to challenge evidence or procedures that might have seemed solid at first glance.
Defend Yourself. Work With An Experienced Attorney.
If you have been accused of driving while intoxicated, working with an attorney could help you fight back against those charges and avoid penalties like fines, jail time and loss of your license. The attorneys at Hammett, Bellin & Oswald, LLC, can act as your advocates and defend your rights. Contact our firm online or call 920-202-8872 today to schedule your free initial consultation with our experienced criminal defense lawyers.
