What Happens After Your Second DUI Arrest in Wisconsin?

A second DUI arrest in Wisconsin is a serious situation. The consequences are significantly harsher than those for a first offense. If you're facing this situation, you're likely feeling overwhelmed and unsure of what to expect. Learn more about the legal process, potential penalties, and how an experienced OWI defense attorney can help you navigate this challenging situation.

What You Should Know About a Second DUI Charge

There are several key things to understand about a second DUI charge in Wisconsin:

Second DUI Charges Are Criminal Charges

Unlike a first offense, which is considered a civil violation, a second DUI is a misdemeanor criminal charge. This carries the potential for steeper fines, jail time, and a permanent criminal record.

You Will Be Required To Get an IID at Your Own Expense

An Ignition Interlock Device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if you are intoxicated. For a second offense, you will be required to have an IID installed at your own expense.

Second Offenses Call For Mandatory Jail Time in Wisconsin

Unlike a first offense, a second DUI conviction in Wisconsin carries a mandatory minimum jail sentence of 5 days, with a maximum of up to 6 months.

Common Defense Strategies

An experienced OWI defense attorney can be a valuable asset in fighting a second DUI charge. Here are some common defense strategies that your attorney may employ:

• Challenging Field Sobriety Tests and Preliminary Breath Test: These roadside tests are not always reliable, and an attorney may be able to identify errors in how they were administered.
• Challenging Probable Cause to Arrest: The police must have a valid reason to pull you over and arrest you for DUI. Your attorney may be able to argue that the stop was illegal.
• Implied Consent Proceeding: In Wisconsin, refusing a chemical test (blood or breath) after a lawful arrest carries its own set of penalties. However, you are entitled to a hearing to challenge the revocation of your license.
• Challenging Admissibility and Reliability of Chemical Tests: Chemical tests can be inaccurate, and your attorney may be able to identify issues with how the test was conducted or preserved.

Wisconsin is an Implied Consent State

Wisconsin is an implied consent state. This means that by driving on Wisconsin roads, you are considered to have consented to chemical testing if you are arrested for DUI. However, you have the right to refuse the test. If you do refuse, your license will be automatically suspended for one year.

It's important to consult with an attorney to understand the implications of refusing a chemical test and to determine the best course of action in your specific situation.

Penalties for a Conviction for Second Offense OWI

A conviction for a second DUI offense in Wisconsin can result in a number of significant penalties, including:

• Fines: You can expect fines ranging from $350 to $1,100, plus additional court costs and surcharges.
• Jail Time: As mentioned previously, a second offense carries a mandatory minimum jail sentence of 5 days, with a maximum of 6 months.
• Ignition Interlock Device: You will be required to have an Ignition Interlock Device installed in your vehicle for a period of time determined by the court.
• Other Considerations For a Conviction for Second Offense OWI: A second offense DUI conviction can also lead to increased insurance rates, difficulty obtaining employment, and potential deportation for non-citizens.

Contact Bayer Law Offices Today!

Facing a second DUI charge can be a frightening experience. You have likely heard horror stories about terrib;e outcomes after mistakes made in a case. However, it's important to remember that you don't have to go through this alone. An experienced OWI defense attorney at Bayer Law Offices can help you understand your options, fight the charges, and minimize the potential consequences. We offer a free consultation to discuss your case. Contact us today to learn more.