Most commonly asked questions about a DUI, OWI, and Refusals
How bad is an OWI?
Whether it's called a DUI, DWI or OWI, a conviction for drunken driving will cost you a staggering amount of money, immediately and in the long term. It can also cost you indirectly because it might restrict the jobs you are able to get with a DUI conviction on your record.
Can an OWI be reduced?
Your lawyer can make a plea bargain with the prosecutor to have your OWI charge reduced to the lesser charge of “reckless driving involving alcohol” or even careless driving.
Can you go to jail for an OWI?
If these tests show that your BAC is over . 08, or it is clear that you are intoxicated, the police will formally charge you with OWI and book you into jail.
Do you lose your license for OWI in Wisconsin?
A first-offense OWI conviction in Wisconsin generally results in a fine and driver's license revocation.
What happens when you get your first OWI in Wisconsin?
If convicted of a first offense, you could be sentenced to a fine ranging from $150-$300 (plus $365 in OWI surcharges) and a six- to nine-month license revocation. ... 15% or higher, you will be required to install an ignition interlock device in your vehicle as a condition of your driver's license reinstatement.
Is a first OWI a misdemeanor in Wisconsin?
A first offense OWI is not considered a misdemeanor in the state. Instead, first offense OWIs are considered civil offenses. There are still serious penalties and fines involved, but you are not charged with a misdemeanor at first.
What is an OWI charge in Wisconsin?
In Wisconsin, drinking and driving is known as "operating a vehicle while intoxicated" or OWI. OWI laws prohibit operating any vehicle (car, snowmobile, boat, etc) while drunk, which is usually determined by blood alcohol level.
How many points is an OWI in Wisconsin?
Typically OWI in Wisconsin leads to 6 points off your driver's license, and the OWI would remain on your record for life.
Will I Have to Go to Court for an OWI Arrest?
You will have to appear in misdemeanor cases in all necessary hearings like a motion hearing or trial. In some counties or some places in the state, you will also need to appear personally for routine scheduling appearances. In felony cases for OWI, your presence is required at all hearings unless previously excused by the court. In an OWI first offense, because it is a civil matter, a person does not need to appear at any court proceedings unless there is a civil subpoena issued for them by the prosecutor.
How do I fight an OWI in Wisconsin?
While there's no guarantee your situation presents a viable opportunity to have your OWI charges dismissed, here are three common defenses attorneys routinely use in Wisconsin courts:
- Challenge the legality of the stop.
- Challenge probable cause for a breath test.
- Challenge the results of the breath or chemical test.