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A Milwaukee driver who receives his first OWI conviction could face a penalty of license revocation for 6-9 months and a fine ranging $150 to $300 (in addition to a $435 surcharge). If a minor 16 years old or younger was in the vehicle at the time of the OWI, the fine could reach $1,100.
In 2020, 152 OWI arrests were made by the South & West Milwaukee police departments (combined). These arrests account for only 6.2% of all Milwaukee County OWI arrests.
The penalties for a first offense OWI in Milwaukee include a 6 to 9-month driver’s license revocation, fines of anywhere from $150 to $350.00, as well as an alcohol and other drug abuse assessment. The fines at $150 to $350.00 do not include court costs, possible blood draw fees, and any other surcharges. Most commonly, people see fines totaling roughly $900 to $1000 for an OWI first offense. However, these are not all of the expenses.
If there is a minor in your vehicle or there is an accident causing injury during this type of situation, then the first offense becomes criminal. When you have a minor in the vehicle under the age of 16, the penalties reflect that of a second offense. This means that you are now facing jail time for a minimum of five days and a maximum of six months, fines anywhere from $300 to $1100, AODA, ignition interlock device, and a driver’s license revocation anywhere from 12 to 18 months. Over the course of their lifetime, studies have shown that people convicted of an OWI spend upwards of $20,000 to $30,000 in other expenses such as increased car insurance and other things. Another potential penalty in Milwaukee is the limit of international travel. Countries such as Canada will turn you away at the border with even a first offense OWI.
If you were on the way home from the bars downtown, and while driving through Wauwatosa you get pulled over by the police, you may be subject to an OWI investigation. If you had been drinking that night, the police will smell the alcohol on your breath and ask if you have been drinking that night. If you admit to drinking, the police will pull you out and ask you to do some field sobriety tests.
In a standard OWI investigation, there will be 3 different standardized field sobriety tests that are done. The first is the horizontal gaze nystagmus. The second two are physical movement tests called the nine-step walk and turn and the one-leg stand. The officer will use these tests to evaluate how impaired you might be and whether to give you a preliminary breath test. This preliminary breath test will be used to confirm or deny their suspicions about whether you are under the influence. If you end up getting arrested for an OWI, and this is your first offense, this is not a criminal offense. The only reason this would be a criminal offense is if you had a minor in the vehicle at the time you were driving, or if there was injury after an accident. Once you are arrested, the police will likely take you to a police station and ask you for a breath or blood sample. That breath sample will be taken on a big breathalyzer machine called an Intoximeter. They can also take you to the hospital for a blood draw instead of a breath test. If you are under the legal drinking age (21), absolute sobriety is required to legally operate a vehicle.
If you refuse to give a breath a blood sample, the penalties for your OWI can be even worse. If convicted of a refusal, you are facing penalties of a 12-month driver’s license revocation, 12-month order for the ignition interlock device, as well as some surcharges and fees.
An OWI first offense, even though it is not criminal, will remain on your record for your entire life in Wisconsin. The penalties will eventually expire, but the OWI will never be removed from your record in case you get another one. They need to know how long ago your other offenses were and how many you have had in your lifetime.
Even though this is your first offense, and even though this is not criminal, there are so many issues to review when it comes to an OWI case in Wisconsin. Do not leave your case to a fee to plea attorney. Make sure you have an aggressive, well-trained Milwaukee attorney by your side to review the countless issues that can exist in an OWI. You are only guilty if you are convicted.
