Sheboygan OWI Lawyer
The term in Wisconsin for what most people call Driving Under the Influence, or DUI, is “Operating While Intoxicated,” or OWI. An OWI conviction in Wisconsin carries significant penalties, including a lengthy driver’s license suspension, large fines, and the possibility of a long jail sentence. You don’t want to risk these consequences by not hiring a capable DUI attorney.
Our Wisconsin DUI attorneys at Kirk Obear & Associates understand the high stakes in these cases. We can help you prepare a robust defense to fight these charges. Our team has decades of experience as both prosecutors and defense attorneys, and we’ve collectively handled over 2,000 jury trials. From the moment you hire us, we’ll use our knowledge and experience to guide you through the legal process, protect your rights from violations by the police or prosecutors, and develop a personalized criminal defense strategy. Call us today at 920-525-1395 or complete our contact form for a free consultation.
The Basics of Wisconsin’s OWI Laws
Under Wisconsin law, someone commits the offense of operating a motor vehicle while impaired when:
- They have a detectable amount of a restricted, controlled substance in their system (such as marijuana or cocaine).
- They have a prohibited blood-alcohol concentration (BAC) level. The prohibited BAC levels are 0.08 percent for drivers 21 and older, 0.04 percent for anyone driving a commercial vehicle, and anything over 0 percent for drivers under 21.
- They are under the influence of any intoxicating or controlled substance, including alcohol, and can no longer safely control their vehicle.
What are the OWI Penalties in Wisconsin?
The penalties you might face for an OWI conviction in Wisconsin depend on many factors, including your BAC level, your prior history of OWI offenses (if any), and whether you caused any injuries or deaths while you were behind the wheel. Based on these factors and others, the possible penalties for an OWI in Wisconsin include:
First-Time OWI for Drivers 21 and Older
- A fine of $150-$300, plus a $435 OWI surcharge
- A 6-9 month driver’s license revocation
- Mandatory Ignition Interlock Device on your car or participation in a 24/7 sobriety program for one year with a BAC of 0.15 percent or more
2nd OWI for Drivers 21 and Older
(No Injuries/Deaths and No Prior OWI Within 10 Years)
- A fine of $150-$300, plus a $435 OWI surcharge
- A 6-9 month driver’s license suspension
- Mandatory Ignition Interlock Device on your car or participation in a 24/7 sobriety program for one year
2nd OWI for Drivers Over 21
(With Injuries or Deaths, or a Prior OWI Within 10 Years)
- Five days to 6 months in jail
- A fine of $350-$1,100, plus a $435 OWI surcharge
- Driver’s license suspension for 12–18 months plus your jail sentence
- Mandatory Ignition Interlock Device on your car or participation in a 24/7 sobriety program for one year to 18 months plus your jail sentence
3rd OWI for Drivers Over 21
- Forty-five days to one year in jail
- Driver’s license suspension for 2–3 years plus your jail sentence
- A fine of $600-$2,000, plus a $435 OWI surcharge
- Mandatory Ignition Interlock Device on your car or participation in a 24/7 sobriety program for 1–3 years, plus your jail sentence
OWI with Injuries
(No Prior OWI Convictions)
- 30 days to one year in jail
- Driver’s license suspension for 1–2 years plus your jail sentence
- A fine of $300-$2,000, plus a $435 OWI surcharge
- Mandatory Ignition Interlock Device on your car or participation in a 24/7 sobriety program for 1–2 years, plus your jail sentence
OWI with a Fatality
- Up to 25 years in prison
- Driver’s license suspension for five years plus your prison sentence
- A fine of up to $100,000
- Mandatory Ignition Interlock Device on your car or participation in a 24/7 sobriety program for 1–5 years plus your jail sentence for a BAC of 0.15 percent or higher, or if it’s not your first OWI offense
Do You Have to Submit to a Police Breath or Blood Test?
One of the most common ways police catch impaired drivers is by conducting field sobriety tests. These tests include asking suspected impaired drivers to walk heel-to-toe in a straight line, having them recite the alphabet backward, or asking them to follow an officer’s flashlight or finger with their eyes. Drivers do not have to submit to these field sobriety tests, and refusing them may be the right move.
Once the police arrest a suspected impaired driver, though, they will conduct a chemical test of the driver’s blood or breath. Under Wisconsin law, drivers must comply with chemical blood or breath tests after an OWI arrest or face stiff penalties, including an automatic one-year driver’s license suspension for a first offense. Because the penalties for refusing a chemical blood or breath test can outweigh the penalties for an OWI, it’s usually best to comply.
What to Do If the Police Arrest You on Suspicion of OWI
Your actions after an OWI arrest can make it significantly harder for you to contest the drunk driving charge. Therefore, it’s vital to follow the right steps if the police arrest you.
As soon as the police take you into custody, ask for a lawyer, then exercise your right to remain silent. Do not speak to the police or prosecutors until your attorney arrives, as they can and will use anything you say against you. Similarly, do not discuss your case with anyone other than your legal representation.
Defense Strategies in OWI Cases
Some possible criminal defense strategies you and your criminal defense attorney may consider contesting an OWI charge include:
- Questioning the traffic stop – Police officers must have a reasonable suspicion to make a traffic stop if they suspect someone of drunk driving. If you and your lawyer can show the police had no cause to pull you over, any evidence resulting from the stop could be thrown out.
- Questioning the results of chemical blood or breath tests – Breathalyzers are complicated machines, and getting an accurate result requires extensive training and strict adherence to established testing protocols. If the police made an error when conducting your chemical blood or breath test, the test results could be dismissed, undercutting the prosecution’s case.
- Showing you had a medical condition that affected your test results – Certain medical conditions, such as diabetes, can lead to false positives when the police conduct an OWI breath test. Showing you had a medical condition that affected your test results could lead the prosecutors to dismiss your charges.
- Violations of your constitutional rights – If the police or prosecutors violated your constitutional rights, your legal team can fight to have your charges dismissed on that basis. For example, the police must provide a Miranda warning when they take you into custody and advise you of your rights, including your right to remain silent.
Contact a Sheboygan DUI Lawyer Now
An drunk driving charge is a serious legal matter and could have catastrophic consequences for you. Don’t wait to get the legal help you need to contest your charges. Call Kirk Obear & Associates now or complete our contact form for a free consultation. We have offices in Sheboygan and Madison, WI.