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Criminal Defense, Featured 11.21.2023

What to Do After Being Charged With Your First OWI in Wisconsin

Your Rights If You Were Arrested for Operating While Intoxicated (OWI)

If you are arrested and charged with operating while intoxicated (OWI) in Wisconsin, you can face serious charges. Depending on the circumstances, you could have to go to jail upon conviction. It is generally in your best interest to consult with an attorney as early in the process as possible. Failing to consult with an attorney can negatively impact your case. 

At Bayer Law Offices, LLC, we provide experienced representation for individuals who have been arrested for an OWI in Wisconsin. Our legal team will help protect your rights and defend against the charges. We know how much is at stake and will not rest until you get the best possible outcome in your case. Contact our office to schedule a free, no-obligation consultation. 

What Is an OWI?

An OWI, or Operating While Intoxicated, is the charge that is given when an officer suspects you of driving under the influence of alcohol or a drug. You can be charged with violating Wisconsin Statutes Section 346.63 (1)(a), which is operating under the influence of an intoxicant or drug. You can also be charged with a violation of Wisconsin Statutes Section 346.63 (1)(am), which is operating with a detectable amount of a restricted controlled substance in your system. In some cases, you may be charged with both. 

If the officer believes that you have a blood alcohol level above the legal limit, you may be charged with a violation of Wisconsin Statutes Section 346.63 (1)(b), operating with a prohibited blood alcohol concentration. If you are suspected of this offense, an officer will request that you submit to a chemical alcohol test. If you refuse, you could face additional penalties. 

What Should I Do If I Am Charged with an OWI?

If you are charged with an OWI, you need to consult with an attorney as soon as possible. You will likely receive a Notice of Intent to Suspend your license shortly after your arrest. In order to place a stay on the automatic suspension of your license, you need to request an Administrative Review Hearing. 

An attorney can help ensure that this request is made and that your rights are protected. Without the help of an attorney, your license will likely be suspended 30 days from the date of the notice. An attorney can also represent you at your court hearing. 

What Penalties Will I Face?

If you are convicted of an OWI, you will face significant consequences, including the suspension of your driving privileges and a high fine. 

Potential penalties for a first-offense OWI in Wisconsin include:

  • A fine of $150 to $300, plus a $435 OWI surcharge
  • 6 to 9-month driving privileges revocation
  • If the alcohol concentration is 0.15 or higher - the installation of an ignition interlock device or a 24/7 sobriety program 

These penalties increase substantially if you have aggravating factors, such as an OWI with a minor in the car or you are driving under the influence and causing an accident that injures another person. The consequences also increase if you have a second or subsequent offense. 

Arrested for an OWI? Contact Our Office.

Were you arrested for an OWI in Wisconsin? Contact our office to speak to an attorney. We offer free, confidential case consultations. Call now to get started. 

Your Rights If You Were Arrested for Operating While Intoxicated (OWI)

If you are arrested and charged with operating while intoxicated (OWI) in Wisconsin, you can face serious charges. Depending on the circumstances, you could have to go to jail upon conviction. It is generally in your best interest to consult with an attorney as early in the process as possible. Failing to consult with an attorney can negatively impact your case. 

At Bayer Law Offices, LLC, we provide experienced representation for individuals who have been arrested for an OWI in Wisconsin. Our legal team will help protect your rights and defend against the charges. We know how much is at stake and will not rest until you get the best possible outcome in your case. Contact our office to schedule a free, no-obligation consultation. 

What Is an OWI?

An OWI, or Operating While Intoxicated, is the charge that is given when an officer suspects you of driving under the influence of alcohol or a drug. You can be charged with violating Wisconsin Statutes Section 346.63 (1)(a), which is operating under the influence of an intoxicant or drug. You can also be charged with a violation of Wisconsin Statutes Section 346.63 (1)(am), which is operating with a detectable amount of a restricted controlled substance in your system. In some cases, you may be charged with both. 

If the officer believes that you have a blood alcohol level above the legal limit, you may be charged with a violation of Wisconsin Statutes Section 346.63 (1)(b), operating with a prohibited blood alcohol concentration. If you are suspected of this offense, an officer will request that you submit to a chemical alcohol test. If you refuse, you could face additional penalties. 

What Should I Do If I Am Charged with an OWI?

If you are charged with an OWI, you need to consult with an attorney as soon as possible. You will likely receive a Notice of Intent to Suspend your license shortly after your arrest. In order to place a stay on the automatic suspension of your license, you need to request an Administrative Review Hearing. 

An attorney can help ensure that this request is made and that your rights are protected. Without the help of an attorney, your license will likely be suspended 30 days from the date of the notice. An attorney can also represent you at your court hearing. 

What Penalties Will I Face?

If you are convicted of an OWI, you will face significant consequences, including the suspension of your driving privileges and a high fine. 

Potential penalties for a first-offense OWI in Wisconsin include:

  • A fine of $150 to $300, plus a $435 OWI surcharge
  • 6 to 9-month driving privileges revocation
  • If the alcohol concentration is 0.15 or higher - the installation of an ignition interlock device or a 24/7 sobriety program 

These penalties increase substantially if you have aggravating factors, such as an OWI with a minor in the car or you are driving under the influence and causing an accident that injures another person. The consequences also increase if you have a second or subsequent offense. 

Arrested for an OWI? Contact Our Office.

Were you arrested for an OWI in Wisconsin? Contact our office to speak to an attorney. We offer free, confidential case consultations. Call now to get started. 

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