West Bend Drunk Driving Attorney: OWI, DUI, & OUI Drunk driving defense attorneys serving Washington County

Grieve Law offers award-winning OWI attorneys to West Bend, Wisconsin, and the surrounding communities. OWI penalties in Washington County depend on the level of offense. First offense penalties include $150 to $300 in fines and 6 to 9 months license revocation, while a fourth offense has a mandatory minimum of 60 days in jail, a maximum 6 years in prison, along with $600 to $10,000 in fines and 2-year license revocation.

There were 109 OWI arrests in West Bend in 2020. These 109 arrests accounted for 22.5% of the total 485 OWI arrests in Washington County.

We can help - whether it be your first offense, second offense, third offense, fourth offense, or fifth offense OWI charge.If you are facing OWI charges in West Bend, call Grieve Law's OWI attorneys for a free consultation.

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What constitutes an OWI in West Bend, WI?

In West Bend, 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 West Bend, 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

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

Refusal to Take a Chemical Test

Wisconsin's implied consent law mandates that if you're lawfully arrested for an OWI, you must submit to a chemical test (breath, blood, or urine). Failure to comply can lead to additional penalties, such as license revocation and the 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.

 

Penalties for OWI Charges in West Bend, WI

Being convicted of an OWI in West Bend has mandatory penalties. Your driver’s license will be revoked, you will owe fines, you will be required to take Alcohol and Other Drug Abuse assessments and follow through with any recommended treatment, and 6 points will be added to your license. In most cases, an OWI conviction will also have mandatory jail time and an ignition interlock device requirement. If you are charged with an OWI in Wisconsin you could be facing anything from a non-criminal citation to a significant felony offense with mandatory prison time.

1st Offense OWI

In Wisconsin, a first offense OWI conviction is a non-criminal citation. Absent a couple of exceptions, an injurious accident or a minor being present, you will not be charged with a criminal offense and cannot be sentenced to jail. However, penalties on an OWI first offense are not as simple as a normal ticket with a fine and points assigned to your license. In addition to the fine and points, your driver’s license will be revoked. To reinstate your license or get an occupational license you must complete mandatory treatment and you may be required to have an ignition interlock device installed on your vehicle.

2nd Offense OWI

If you are being charged with an OWI second offense, you are facing a criminal misdemeanor with a mandatory jail sentence, anywhere from at least 5 days up to 6 months.  To be charged with an OWI second offense your prior conviction must have been within the last 10 years, otherwise, you will be charged with a second-first offense OWI which does not result in a jail sentence.  If you have more than one OWI conviction after 1989, Wisconsin will count each offense to determine your appropriate charge.

3rd Offense OWI

An OWI third conviction is the highest misdemeanor OWI offense.  You are now facing up to 12 months in jail, longer license revocations and larger fines and other penalties.  

4th Offense OWI

Any OWI fourth or greater is a felony offense, for which you could be sentenced to prison.  An OWI 4th offense carries with it a maximum prison sentence of 6 years.  Additionally, if your previous OWI conviction was within 15 years you are facing a lifetime driver’s license revocation.  Unlike every other license revocation, you are not eligible for an occupational license and you must wait at least 10 years before applying to reinstate your license.

Additional Penalties 

Beyond the incarceration, court-issued monetary costs, revocations, ignition interlock device requirements and mandatory treatment, there are many other ways an OWI conviction can impact your life:

  • you will be required to carry high-risk insurance, SR-22, for a duration determined by the Department of Transportation
  • Canada and some European Union countries will deny you entrance
  • renting a car or landing a job that requires a clean driving record may not be possible
  • if you are a CDL holder, your CDL license may be either temporarily or permanently lost

If you fail to follow your restrictions and court orders following your conviction you could end up with additional criminal charges. Driving during a time other than what is listed on your occupational license or borrowing a car that does not have an ignition interlock device installed on it are just two examples of additional criminal charges that you can face following an OWI conviction; both are punishable by up to 12 months in jail.

If you've been charged with an OWI in West Bend, contact the award-winning drunk driving attorneys at Grieve Law LLC.

West Bend OWI Attorneys

How long does an OWI stay on my record?

An OWI will be on your record permanently.  Despite that the law allows for an OWI to be expunged, it is extraordinarily rare for a court in West Bend to even legitimately consider its expunction, let alone to grant it.  Even with expunction both the DMV and the Department of Justice would still have a record of your conviction, meaning a subsequent offense would not be diminished.  If you are convicted in Wisconsin, you will always have that on your record.

How to beat an OWI

The perception around an OWI charge is that it is black and white and if you are charged there is not much that can be done to fight it.  That perception could not be further from the truth.  While the specific law is simple, if you were driving on a public highway and you were under the influence of an intoxicant, being able to challenge the charge is incredibly complicated.  To successfully challenge an OWI you must hire an attorney experienced in the different legal standards the police are held to during their investigation.  Depending on how the investigation is handled and the facts of your case a skilled attorney can attack both the evidence and how that evidence was obtained.  Our award-winning West Bend drunk driving attorneys have that experience successfully challenging OWI charges, get in touch with us today so that we can start work on your behalf.