Being convicted of one OWI is not good, but the consequences only become more severe if you’re caught intoxicated behind the wheel again. Recently, there have been drivers in Wisconsin who have been on the road after having multiple OWIs, including a Baraboo man who was convicted for his 7th OWI and a Waukesha woman arrested for her 4th OWI.
What is an OWI?
An OWI (operating while intoxicated) charge is when someone is suspected of having:
- A BAC (blood alcohol content) level of .08% or more;
- Being under the influence of a controlled substance or intoxicant; or,
- Are found to have a restricted controlled substance in their body.
It is illegal in all 50 states to be behind the wheel when the driver has ingested a substance that causes impairment to drive.
Consequences for OWI Convictions in Wisconsin
Wisconsin courts take OWI charges seriously. If convicted of an OWI (without causing injury or death), the person can expect the following:
- 1st Offense: no jail time; fines from $150-$300; six to nine months of license suspension.
- 2nd Offense: Five days to six months confinement; fines from $350-$1,100; six to nine months of license suspension; IID (ignition interlock device) or 24/7 sobriety program required for one year.
- 3rd Offense: 45 days to one year confinement; fines from $600-$2,000; two to three years of license suspension with IID or 24/7 sobriety program required for 15 months in addition to the confinement length.
- 4th Offense: 60 days to six years confinement; fines from $600-$10,0000; two to three years of license suspension with IID or 24/7 sobriety program required for 15 months in addition to the confinement length.
- 5th and/or 6th Offenses: One to ten years confinement; fines from $600-$25,000; two to three years of license suspension with IID or 24/7 sobriety program required for 15 months in addition to the confinement length.
- 7th, 8th, and/or 9th Offenses: Three to 12.5 years confinement; fines up to $25,000; two to three years of license suspension with IID or 24/7 sobriety program required for 15 months in addition to the confinement length.
- 10th and/or Additional Subsequent Offenses: Four to 15 years confinement; fines up to $50,000; two to three years of license suspension with IID or 24/7 sobriety program required for 15 months in addition to the confinement length.
For refusing to take a chemical test, drivers can expect the following:
- First and Second Offense: no confinement or fines; one year license suspension with IID or 24/7 sobriety program required for one year.
- Second Offense within 10 years: no confinement or fines; two years license suspension with IID or 24/7 sobriety program required for one to two years.
- Third or Subsequent Offenses: no confinement or fines; three years license suspension with IID or 24/7 sobriety program required for one to three years.
If the OWI offense cause injuries or severe harm to another person, the consequences are even more severe.
- Causing Injury While OWI (no priors or with a chemical test refusal): 30 days to one-year confinement; fines from $300-$2,000; one to two years of license suspension with IID or 24/7 sobriety program required for one to two years in addition to the confinement length.
- Causing Injury While OWI (with prior OWI offense or a chemical test refusal): Up to six years confinement; fines up to $10,000; one to two years of license suspension with IID or 24/7 sobriety program required for one to two years in addition to the confinement length.
- Causing Great Bodily Harm While OWI: Up to 12.5 years confinement; fines up to $25,000; minimum two years of license suspension with IID or 24/7 sobriety program required for one to two years in addition to the confinement length.
- Causing Death While OWI: Up to 25 years confinement; fines up to $10,000; minimum five years of license suspension with IID or 24/7 sobriety program required for one to five years in addition to the confinement length.
If you or a loved one has been charged with OWI, you’ll want an experienced OWI lawyer to walk you through the next steps and put up the best defense. At The Law Offices of Jason D. Baltz, we’re here for you and will work for the best possible outcome. Contact our office today for a free consultation at (414) 375-0797.