Racine OWI Lawyers & Top DUI Defense Law Firm Drunk driving defense attorneys serving Racine County

If you are convicted of an OWI in Racine, our experienced OWI attorneys fight to dismiss or reduce charges. OWI penalties in Racine include driver’s license revocation, fines, Alcohol and Other Drug Abuse assessments along with any recommended treatment and 6 points on your license. Most DUIs have unavoidable jail time and require a breathalyzer (ignition interlock device) to be installed in your vehicle. An OWI in Racine can be anywhere from a ticket to a serious felony that has required time in prison.

Whether it be your first offense, second offense, third offense, fourth offense, or fifth offense OWI charge, we fight hard on your behalf. If you are facing OWI charges in Racine, call Grieve Law's criminal defense attorneys for a free case consultation.

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What constitutes an OWI in Racine, WI?

In Racine, Wisconsin, an OWI (Operating While Intoxicated) refers to operating a motor vehicle under the influence of alcohol, drugs, or other restricted/illegal substances that impair your ability to drive safely. Here's what constitutes an OWI in Racine, based on Wisconsin state law:

Blood Alcohol Concentration (BAC) Limits

  1. 0.08% or higher for drivers aged 21 and older.
  2. 0.04% or higher for drivers operating commercial vehicles.
  3. 0.02% or higher for drivers with three or more prior OWI convictions.
  4. Any detectable amount of a restricted controlled substance in your system (such as recreational drugs like cannabis or prescribed drugs that impair driving).

Impairment Standard

If your BAC is below the legal limit, you can still be charged with OWI if law enforcement decides alcohol, drugs, or a combination of both impaired your ability to operate a motor vehicle.

Refusal to Take a Chemical Test

Wisconsin has an implied consent law. If you're lawfully arrested for an OWI, you're required to submit to a chemical test (breath, blood, or urine). Refusal to comply can yield more penalties such as license revocation and installation of an ignition interlock device.

Aggravating Factors

Certain conditions can elevate the seriousness of an OWI charge:

  • Driving with a minor under 16 years old in the vehicle.
  • Causing injury or death while operating under the influence.
  • Prior OWI convictions.

 

Racine County Penalties for OWI Convictions

OWI First Offense Penalties

An OWI first offense, in Wisconsin, is a ticket. There is neither mandatory jail time nor possible jail time so long as there was not an accident with an injury or a minor in the vehicle. Although it is not a criminal offense, that does not mean the penalties for a first OWI are the same as those for a regular ticket. Not only will you be required to pay a fine and have points associated with your license, but your license will be revoked, you will be required to go to alcohol or drug treatment and you could be required to have a breathalyzer in your car. You need an experienced OWI attorney in Racine who knows the law to reduce the penalties you face. Hiring a drunk driving lawyer becomes even more important if you are being charged with an OWI 2 or other criminal drunk driving charges.

2nd Offense OWI in Racine 

A normal OWI second, having a prior within 10 years is a criminal misdemeanor. If convicted, a second OWI requires at least some time in jail with a minimum of 5 days and a maximum of 6 months.  The exception occurs when your prior OWI was more than 10 years ago, in that situation, the OWI will be treated as a second-first-offense OWI.  If you are convicted of a second-first offense OWI and are charged again, Wisconsin will count every offense after 1989.  This means there are scenarios where you could have 2 first offenses and then a third offense OWI, never being charged or convicted of a standard OWI second.

3rd Offense OWI in Racine 

Being convicted of an OWI third offense enhances all the penalties that you face; longer mandatory jail time, longer maximum jail time, longer driver’s license revocation, and increased fines, court costs and other penalties. The maximum jail time on a third offense OWI is 12 months in jail, making a third offense the highest misdemeanor OWI offense.

4th+ Offense OWI in Racine 

A felony OWI, a fourth or greater offense has the potential of sending you to prison, for a maximum of 6 years. Not only can a fourth offense send you to prison, but if your previous OWI was within 15 years you face a lifetime license revocation without the possibility of an occupational license. You may be able to have your license reinstated after 10 years.

Penalties for OWI in Wisconsin only get harsher the more you are convicted. The OWI attorneys at Grieve Law are the best at getting OWI charges dropped or reduced in Racine County.

 

Additional OWI Penalties

Fines, jail or prison time, driver’s license revocation, vehicle breathalyzers and mandatory treatment are not the only penalties or impacts an OWI conviction will have on your life. 

  • You will have to carry high-risk insurance, SR-22, for a duration determined by the Department of Transportation
  • You can be denied entrance to Canada and some European Union countries 
  • You may not be able to rent a car or get a job requiring a clean driving record
  • If you have a CDL, you may lose it permanently

Following an OWI conviction, you must follow your requirements to the letter. If you fail to set up your AODA you can become ineligible for an occupational license. If you drive outside of your occupational license hours or without a required breathalyzer you can face criminal charges punishable by up to 12 months in jail.

Racine OWI Attorneys

How long does an OWI stay on your record?

Once convicted of an OWI it will stay on your record permanently.  While the law allows for an OWI to be expunged it is exceedingly rare for a court in Racine to grant such an expunction. Plus, if an expunction seals your record it does not remove the conviction, the DMV and the police will still have the record of your OWI.  Put another way, the conviction is not going anywhere.

How to beat an OWI

Depending on the facts of your case the right lawyer can challenge why you were pulled over, why you were asked if you had been drinking, why you were asked to exit the vehicle, why you were asked to submit to a breathalyzer and finally why you were arrested.  Each step in an investigation of an OWI can be challenged by the right lawyer based on the facts specific to your case and each step has a different legal requirement that must be met by the prosecutor for the case to proceed.  Our award-winning Racine drunk driving lawyers have the knowledge, experience and training necessary to challenge these cases on your behalf to get the best possible result. Give us a call today.