OWI Penalties
OWI charges can result in a suspension and / or revocation of driving privileges.
OWI & Alcohol | OWI Penalties | OWI & Drugs
Facts About Operating a Motor Vehicle while Intoxicated in Wisconsin
A Wisconsin OWI can result in a suspension and / or revocation of driving privileges. Whether a suspension or revocation is issued depends on the circumstances, as does the length of a suspension or revocation.
Penalties
The penalties for operating a motor vehicle while intoxicated (OWI) charges in the state of Wisconsin will vary based on the circumstances of the offense. However, in the state of Wisconsin the following penalties for OWI are typical.
OWI Suspension:
Wisconsin imposes an implied consent law on anyone who drives upon Wisconsin roadways. The law indicates that any motorist suspected of driving while under the influence of intoxicants impliedly consents to chemical testing, at the lawful request of law enforcement. Typically, most drivers who agree to chemical tests that yield a PAC of .08 or higher will result in a 6-month suspension of driving privileges. The same goes for agreeing to chemical testing that reveals a controlled substance in a person’s blood. However, the length of the suspension depends on a person’s driving history, age, the circumstances of the offense, and the type of license they possess. Refusing a lawfully requested chemical test will result in a revocation driving privileges (See Below).
OWI Revocation:
Wisconsin will revoke the driving privileges of any driver who refuses a lawfully requested chemical test. Also, Wisconsin will revoke the driving privileges of anyone who is convicted of an OWI offense. The length of the revocation will depend on a person’s driving history, age, the circumstances of the offense, and the type of license they possess. For the driver considered a first-time offender, refusing a chemical test will result in a 1-year revocation, along with other penalties.
Suspension and Revocation from OWI’s
If a person is arrested for a violation of the Absolute Sobriety law and refuses a breathalyzer or blood test, the person is subject to a separate citation for refusing a chemical test. Additionally, license revocation for refusing a chemical test can occur. An underage person convicted of refusing a chemical test is subject to a 12-month revocation of their driving privileges.
1. Consenting to Chemical Test
Consenting to a chemical test that yields a .08 or greater blood or breath alcohol content results in an automatic license suspension within 30 days after police give notice of intent to suspend to the driver.
Length of Suspension:
• 6 months
• Eligible for occupational license immediately
2. Refusal of Chemical Test
Refusing a chemical test following an OWI arrest will result in a revocation of driving privileges. The length of the revocation depends on a person’s OWI history.
1st Offense:
- One-year revocation
- 30-day wait for occupational license.
- Required to install Ignition Interlock Device
2nd Offense:
(w/o prior OWI within 10 yrs)
- One-year revocation
- Ignition Interlock Device required
2nd Offense:
(w/prior OWI within 10 yrs)
- Two-year revocation
- 90 day wait for occupational license
- 12 month wait for occupational license if 2 or more offenses within 5 years
- Ignition Interlock Device required
3rd Offense or Greater:
- 3 year revocation
- 120 day wait for occupational license
- 12 month wait if 2 or more OWI’s in 5 yrs
- Ignition Interlock Device required
3. OWI Conviction Revocation
If convicted of an OWI charge, Wisconsin will impose a license revocation for the following length:
1st OWI (civil) = 6-9 month revocation;
2nd OWI (misdemeanor) = 12-18 month revocation
3rd OWI (misdemeanor) = 2-3 year revocation
4th OWI (Class H felony) = 2-3 year revocation
5th OWI (Class G felony) = 2-3 year revocation
6th OWI (Class G felony) = 2-3 year revocation
7th , 8th or 9th OWI (Class F felony) = 2-3 year revocation
10th or greater (Class E felony) = 2-3 year revocation
Our Wisconsin law firm has extensive experience defending OWI criminal charges in the states of Wisconsin and Illinois. Choose a lawyer that advocates for your rights. For a free consultation on your case, please call Wyosnick Legal, LLC at 608-230-2413.
Free Case Evaluation
Wyosnick Legal, LLC is an award-winning law practice because we understand what matters most to our clients when charged with criminal or drunk driving charges. Experienced legal representation is always your best defense - we are veterans of the courtroom. Let us be your advocate today!