A Wisconsin DUI or OWI arrest can happen in a flash – a driver may be headed home from a restaurant or party and is suddenly under investigation for drunk driving. A driving under the influence arrest carries serious consequences, so it’s important to have expert legal representation. The knowledgeable attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a proven defense strategy designed to minimize the repercussions of a Wisconsin drinking and driving arrest.

Wisconsin prohibits a driver from operating a motor vehicle while under the influence of alcohol, drugs, or a combination of the two. The law does not specifically prohibit driving "drunk"; but more accurately prohibits driving under the influence, which is commonly referred to as DUI or OWI, for operating while impaired or operating while intoxicated.

It’s not necessary for an officer to actually see a person driving to arrest the driver for DUI / OWI. It is enough for the driver to have either turned on the ignition or has left the motor running while the vehicle is in the park position. In fact, the statutory definition of operation is "the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion." The fact that a vehicle may be immobile due to engine problems or being stuck on a mound of dirt with the wheels spinning does not preclude an officer from arresting the driver for OWI.

The law also bars driving with a prohibited alcohol concentration (PAC), commonly referred to as the "legal limit." Wisconsin's legal limit is .08 percent PAC for first, second, and third offense OWI. The legal limit is .02 PAC on fourth and subsequent offenses.

Prior OWI convictions can increase the punishment faced by an accused Wisconsin drunk driver. If a person has two or more OWI violations after January 1, 1989, they will remain on the driver’s record permanently. However, if a person has one OWI violation within 10 years, then a subsequent OWI offense outside the 10-year period will be considered a first.

Once a driver is convicted of a third OWI-related offense within two years, the two priors will count. In other words, a person could have two first offenses, but could never have three first offenses. The third is always a third, regardless of when the two priors occurred provided they were after January 1, 1989.

If a driver is convicted of a first-offense OWI with an alcohol concentration of .08 to .10 percent PAC, the Wisconsin Department of Transportation must purge the offense from the record. Otherwise, all OWI-related records are permanent.

After a third or subsequent drunk driving conviction, a judge may order seizure of the vehicle used in the offense and owned by the person who committed the offense. The seized vehicle will be subject to forfeiture proceedings. The owner will be required to surrender the title to the vehicle involved in the offense to the clerk of courts. Failure to surrender a certificate of title is subject to a $500 fine.

Ignition interlock devices can be ordered as a license restriction on second and subsequent offenses or for a refusal of a chemical test under Wisconsin’s implied consent law. An ignition interlock device is installed in a vehicle as part of the starting mechanism, and requires the driver to provide a breath sample by blowing into the device. If the sample is above a set alcohol concentration level, the device will not allow the vehicle to start.

The punishment for a Wisconsin drunk driving conviction can be harsh. A driver convicted of a first-offense DUI / OWI faces a fine of $150 to $300, plus an OWI surcharge of $355. The driver’s license will be suspended for six to nine months.

A driver convicted of a second-offense DUI / OWI faces five days to six months in jail, a fine of $350 to $1,100 plus a $355 surcharge, jail from 5 days to 6 months, and a 12 to 18-month license restriction.

A third-offense drinking and driving conviction carries 30 days to one year in jail, a fine of $600 to $2,000 plus the $355 surcharge, and a two- to three-year license suspension.

Fines for third and subsequent OWI offenses are increased according to the prohibited alcohol concentration as follows:

• .17 - .199 percent = double fine ($1,200 - $4,000)

• .20 - .249 percent = triple fine ($1,800 - $6,000)

• .25 percent and greater = quadruple fine ($2,400 - $8,000)

Fourth offenses are punishable by 60 days to one year in jail, a fine of $600 to $2,000, plus the $355 surcharge, and a two- to three-year license suspension.

Fifth and subsequent OWI offenses will be charged as felonies. The driver faces six months to five years imprisonment, a fine of $600 to $2,000 plus the $355 surcharge, and a two- to three-year license suspension.

Fines, jail time, and revocation/suspension periods are all doubled for a person convicted of OWI when a person under age 16 is in the vehicle at the time of the offense. All OWI offenses carry six demerit points, except chemical test refusals, and if convicted, the driver must complete a mandatory alcohol assessment.

Refusing a chemical test after a Wisconsin DUI / OWI offense is punishable by a one-year license revocation and a 30-day waiting period for an occupational license. In contrast, on a first OWI offense when the person takes the chemical test and is subsequently convicted, there will be a six- to nine-month license suspension and no waiting period for an occupational license.

A chemical test refusal also counts as an offense for purposes of determining how many prior convictions a driver has. The only valid legal reason for a refusal is if the person is physically unable to submit to the test due to a physical disability or disease unrelated to the use of alcohol, controlled substances, controlled substance analogs or other drugs. That determination will need to be made by a judge at a separate refusal hearing.

Obviously, the consequences of a Wisconsin DUI / OWI conviction can be harsh, so it’s critical to have a skilled defense lawyer protecting the driver’s rights. An experienced local attorney from 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a proven defense strategy that can reduce or even eliminate the consequences of a Wisconsin drunk driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.