Second OWI Offense Attorneys
Madison office just off the Beltline
If a Madison driver is convicted of a second-offense OWI 10 years after his first OWI conviction, that second offense carries a penalty of driver's license revocation for 6 to 9 months, a $150-$300 fine and a $435 surcharge. If the first offense had occurred within 10 years of the second offense, the fine increases to $350-$1,100 and license revocation period that could be 12-18 months.
Combined, Madison Town PD & UW-Madison PD arrested 87 people for OWI in 2020. Second offenders get their license revoked for up to 9 months longer than first offenders.
Penalties for Your 2nd Offense OWI in Madison
Your 2nd DUI penalties in Dane County area misdemeanor criminal charge that occurs when you have had one previous OWI offense within the last ten years. If more than ten years have passed between your first offense and this second one, you will very likely face penalties of an OWI first offense.
A conviction for a second offense OWI carries a range of severe penalties where the outcome will depend on specific details from your history and your case:
- $350-$1100 in fines plus court fees and surcharges
- 12-18 months driver’s license revocation
- 5 days-6 months in jail
- 12-18 months required ignition interlock device in the vehicle, which can cost up to $1000 over the course of a year
- $250 alcohol and drug assessment plus costs of follow-through treatment
Additionally, you will need to have SR22 high-risk auto insurance. You may also have higher rates for life and health insurance. Many people do not know that a conviction on your OWI in Dane County can limit international travel. Many countries will ban travel to their countries with a DUI conviction. Read more about interlock laws.
If you had a minor under the age of 16 in your vehicle at the time you were arrested on your second offense, the penalties increase:
- $700-$2200 in fines
- $435 ‘driver improvement’ surcharge
- 2- 3 years driver’s license revocation
- 10 days to 1 year in jail
- 1- 3 years with a required ignition interlock device in your vehicle
- Absolute sobriety required for occupational license
If you choose to jump bail, the penalties are even more severe.
Second Offense OWI in Madison and Dane County
Offenses for operating while under the influence are very common, but they are prosecuted very aggressively.
The ranges of the offenses leave much room for deciding whether a case is aggravated or mitigated or even intermediate. A court will look at a variety of factors to determine what category a case may fall under. The factors are not only specific to the incident itself but also you and your history. It is important to have an experienced criminal defense attorney who is familiar with these factors and how to work your case down to a mitigated case if it is possible.
OWI penalties apply even if your BAC was below the legal limit. The court is only concerned with whether your ability to operate the vehicle was impaired. There is a separate charge called Operating with a PAC, or prohibited alcohol concentration. These types of charges apply when you are operating over a .08 blood alcohol concentration. Learn more about DUI penalties.
A Fee-to-Plea™ Lawyer Will Say, “There’s Not Much You Can Do.” Be Wary!
How long will a 2nd OWI stay on my record?
If convicted of an OWI 2nd offense, regardless of your age, it will never come off of your criminal record or your driving record. These offenses are not expungable. Once you get above a second offense OWI, the courts look at lifetime convictions instead of the last ten years to determine what number OWI you would have, so these convictions are always accessible.
How to beat an OWI 2nd charge
Tactics an experienced DUI lawyer can use to get your charges reduced or dropped:
Your traffic stop was illegal – If there was not a legal reason for the police officer to stop you, you will have grounds to fight your DUI. A good drunk driving attorney will question the officer’s motives. If the officer did not have a reason to pull you over, the officer illegally stopped you and this can lead to a case dismissal.
Time of Test for BAC – Your blood alcohol concentration increases once you stop drinking as it metabolizes in your body. Grieve Law’s DUI attorneys have used this technique to successfully show the courts and juries that our clients BAC was not actually over the legal limit while driving.
Improper Field Sobriety Test – Officers all over the nation, including Wisconsin, are given very specific instructions as to how to perform standardized field sobriety tests. If those procedures are not followed precisely, you will have a case for fighting your Dane County DUI.
Each case is very different, but a Fee-to-plea lawyer will not tell you this. Our team of experienced drunk driving attorneys will review your case and come up with the best way to fight your case.
7 Grim Realities Your 2nd Offense OWI Makes You Face
An experienced DUI attorney might be able to reduce your fines and other penalties, or may even be able to get your case dismissed. The drunk driving lawyers at Grieve Law fight to defend your case and stand up for your rights. Our Madison office (located just off the Beltline) serves clients from Verona, Middleton, McFarland, Sun Prairie, Fitchburg and all Dane County communities.
(262) 786-7100
