Cafferty, Scheidegger & Johnson

Average rating (0 votes ; 0)

No Reviews »
Street Address 840 Lake Avenue, Suite 300
City Racine
State/Province Wisconsin
Zipcode 53403
Phone (262) 632-5000
Fax 262-637-3448
Email social@pcaffertylaw.com
Website racinelaw.com
Hours of Practice M-F-8:00 am - 5:00 pm
member_role standard
Specialties: , , , ,

Do You Need a Racine OWI Lawyer?

If you are arrested for an OWI in Wisconsin, you have 10 days to request an administrative hearing to keep your license. Penalties for a first offense typically include fines and license revocation, but no jail time, while subsequent offenses carry mandatory jail sentences.

Arrested for OWI in Southeastern Wisconsin? Call Cafferty, Scheidegger & Johnson, S.C., in Racine, Wisconsin, right away. There are often strategies to help you reduce or dismiss the charges you are facing.

The Governing Wisconsin Statute

The law at a glanceWisconsin prohibits operating while intoxicated at § 346.63. The State must prove the accused operated a motor vehicle on a public roadway while under the influence of an intoxicant, or with a prohibited blood-alcohol concentration. The legal limit is .08 for most drivers, .04 for commercial drivers, and .02 for drivers with three or more prior OWI-related convictions. Drivers under 21 are covered by the Absolute Sobriety law, which prohibits driving with an alcohol concentration of more than 0.0 but not more than 0.08.

Penalty tiers are set out at § 346.65. A first offense is a civil forfeiture of $150 to $300 and the only state in the country that does not criminalize a standard first OWI. A second offense within a 10-year window becomes a criminal misdemeanor with mandatory minimum jail. A fourth offense is a Class H felony with real prison exposure. Aggravating circumstances need careful review because the rules differ by tier: a minor passenger can create 2nd-offense-level penalties on a first offense, and BAC-based fine enhancements apply at the 3rd through 5th offense levels.

Probable cause for the stop, proper administration of field sobriety testing, and the calibration history of the breath-test instrument are contested points in nearly every OWI case. An experienced defense attorney examines every step.


Write a Review

Drivers License Restorers®