1ST OFFENSE OWI IN WISCONSIN
PENALTIES & FINES
Common misconceptions about your first OWI in Wisconsin
OWI laws in Wisconsin are strict and often difficult to understand. Some of the most common misconceptions about your first OWI include:
- “Your first OWI charge is just a ticket.” - Your first OWI is not just a ticket. An OWI first offense in Wisconsin is one of the most serious legal problems you could ever face. Getting one OWI can cost you your job, your driver’s license, and thousands of dollars. There is no way to get an OWI off of your public record once you are convicted.
- “You can’t lose your job because of an OWI.” - Depending on the job, you could get fired for being convicted for your first OWI. If your job requires you to drive, travel, or rent a car, you will more than likely have to start considering other options.
- “I can’t be convicted if my BAC was below .08%.” - You don’t have to blow a .08% to be charged with drunk driving. If the court determines you were incapable of safely driving while under the influence of ANY amount of alcohol (even 0.01%), penalties could be the same as exceeding the legal blood-alcohol limit of 0.08%.
- “You can’t go to jail for your first OWI.” - You can go to jail for your first OWI in Wisconsin if you injured someone or there was a minor in the car at the time of the stop.
- "You can't get an OWI for driving high on marijuana." - You don't need to be under the influence of alcohol to be charged with an OWI in Wisconsin. You can get charged with an OWI for marijuana, cocaine, and just about any other drug.
How much does a first OWI cost in Wisconsin?
The fine amount given to you for your first OWI in Wisconsin will be between $150 and $300. However, many other costs and expenses such as increases in insurance will come as a result of an OWI conviction, increasing the total to anywhere between $700 to $1,000. Depending on the details of your case and the insurance provider you work with, the total cost of your OWI could be even higher.
Mandatory AODA cost
If convicted of OWI in Wisconsin, you’ll be required to partake in a mandatory Alcohol and Other Drug Assessment and be required to follow through with the recommended treatment. AODA and treatments for alcohol-related issues can cost thousands of dollars out of pocket.
Insurance costs after an OWI
If convicted of an OWI, you’ll be required to replace your existing auto insurance with Wisconsin’s high-risk auto insurance (SR-22). SR-22 insurance can sometimes double, triple, or quadruple the rates you are currently paying.
Cost of required IID
Depending on the specifics of your case, you may have to install an ignition interlock device (IID) in your car. The cost of having an IID installed in your vehicle can cost $1,000 or more per year, per car.
Driver’s license fees and reinstatement costs
After you’ve been convicted of an OWI, your driver's license will be revoked for 6-9 months. Once you’re allowed to drive again, you’ll need to pay to get your license reinstated with the DMV. The cost to reinstate your driver's license for OWI-related revocation or suspension is $200.
First DUI in Wisconsin with an out-of-state driver’s license
Being convicted of a first DUI in Wisconsin with an Illinois license, Michigan license, Minnesota license, or another out-of-state driver's license is often more severe. If you receive a DUI conviction in Wisconsin and your home state finds out, you'll face penalties from both states. The federal DUI registry almost guarantees you will face penalties for any DUI in Wisconsin with an out-of-state license in the issuing state.
First OWI in Wisconsin while under the age of 21
If you are under the age of 21 and received an OWI charge, your penalties will be far more severe than someone who is 21 years old or older. Some of the penalties for an underage OWI include a $200 fine and an immediate 3-month license suspension. Your car insurance rates will rise dramatically and you could lose your scholarship if you're in college.
How long does a 1st OWI stay on your record?
In Wisconsin, a first OWI will stay on your personal record forever. OWI charges and other criminal records are open to the public, so an OWI conviction could cause some problems down the road with new employment opportunities and background checks. However, if an experienced OWI attorney is hired to defend you in court, it’s possible the charges could get dismissed or changed to a lesser offense.
Can an OWI get expunged from your record?
An expunged OWI charge in Wisconsin is unlikely - almost impossible. Even if you get lucky enough to get an OWI expunged from your record, the DOT will not recognize the expungements and the OWI conviction will remain on your driving record forever.
4 common defenses for a first OWI charge
The best way to find out whether your first OWI charge can be reduced or dropped is by talking to an experienced attorney about the specifics of your arrest. There are some commonly used defenses experienced OWI attorneys use to get drunk driving charges dismissed or reduced, including:
- Illegal Stop: If the details suggest you were stopped illegally by the police, your charges could get dropped. People get pulled over all the time, even when they weren’t speeding or breaking any traffic laws. If you were pulled over legally, the traffic stop can become illegal if the scope or duration went beyond its initial purpose.
- Blood alcohol test was done incorrectly: It’s not uncommon for blood alcohol tests to be mishandled, making the evidence inadmissible. Precise professional standards must be adhered to when conducting, handling, and processing a blood alcohol test. There are many ways human error and equipment malfunction can result in an improper BAC test.
- Improperly conducted field sobriety tests: Field sobriety tests must follow strict standards, and the results must be fully evaluated. Even in cases where the driver was in fact operating while intoxicated, if the field sobriety tests weren’t performed or evaluated properly they can be challenged and become inadmissible as evidence.
- The curve defense: Your blood alcohol level continues to rise once you stop drinking because it takes time for the alcohol to make its way into the bloodstream. In some cases, it can be successfully proven a person was not over the legal limit while they were driving and would have been off the road in time if it hadn’t been for the traffic stop.
First offense OWI attorneys in Wisconsin
Grieve Law has been honored by nationally recognized attorney rating organizations, as well as local publications including Avvo.com, The National Trial Lawyers, Super Lawyers, Newsweek, Milwaukee Magazine and numerous others. With a long list of criminal defense legal honors and awards, Grieve Law attorneys are the DUI defense attorneys Milwaukee and the rest of Wisconsin trust to get charges for a 1st DUI reduced or dropped completely.
When your court date arrives, it will be the officer’s word against yours. Your only chance at getting a 1st offense DUI in Wisconsin dropped or reduced is to hire an attorney specializing in DUI defense. There are many factors that go into proving someone is guilty of Operating While Intoxicated, and it's important to remember: You Are Only Guilty If You Are Convicted®
Why you need an expert OWI defense attorney
Wisconsin is the only state where a first offense drunk driving offense is a civil rather than criminal charge. This means that if you are looking for legal representation in fighting your drunk driving charge a public defender will NOT be able to represent you. You will need to hire an OWI defense attorney to fight for you.
También hablamos español. Si necesitas un abogado de defensa por conducir ebrio en Wisconsin, podemos ayudar.
(262) 786-7100
