First Offense DUI Penalties in Wisconsin

In Wisconsin, a drunk driving conviction -- even a first and only out of character mistake -- may forever mar your driving record. With many life-changing penalties, including a lifelong stigma, you need an attorney that has experience successfully handling drunk driving cases. Our firm has been able to fight against these orders due to breath or blood tests with great success.

If you had a chemical breath or blood test other than the on-scene handheld test, and your test results were .08 or higher, you will receive a document entitled: “NOTICE OF INTENT TO SUSPEND.” Importance of Requesting a Hearing Within 10 Days You have ten days from that notice to request a hearing with the Wisconsin Department of Transportation.

And although these hearings cannot do very much, they are the only way to at least attempt to avoid a license suspension before conviction. They are also a huge part of your OWI case strategy.

If you do not request a hearing within the first ten days, you will automatically lose your license for six months, beginning 30 days from the date of the notification. While it is not guaranteed that this will not happen if you are granted a hearing, you can use this to request that the court stay (put on pause) your suspension. If you make your living by driving, or you cannot have any type of driving restriction, you need to stay on top of this.

Consequences of a DUI/OWI If this is your first offense of an OWI or PAC, you could lose your license for six to nine months. As long as there are no other refusal violations with your case, you will be able to drive to and from work within set time periods. If your driver’s license was suspended prior to a conviction, you may receive credit for that amount of time, up to six months.

For a first offense OWI or PAC, a person may face a fine of $150.00 to $300.00, plus court costs. Those costs vary throughout Wisconsin. You will have to complete the Alcohol and Other Drug Assessment at a facility in your county, along with other courses and/or a driving safety plan. If you do not live in Wisconsin, you will have to follow a similar plan in the state where you live if you ever intend to drive in Wisconsin again.

If you took a blood or chemical test and it came back 0.15 or higher, you may face a one-year ignition interlock device (IID) order. This penalty will restrict you from operating any vehicle that does not have an IID for a year. There are no exceptions to this rule. An IID is required for every vehicle registered or titled to you. There are some exceptions, for instance a car driven solely by your spouse or one that is in storage, but you may not drive them. If you go against the IID order, you may face other criminal charges.

If You Refuse To Be Tested Refusals make it much more difficult to fight an OWI or PAC charge, and the penalties for refusal could be more severe than the first offense of an OWI or PAC violation.

If this is your first offense and you refused to be tested after reading the “Informing the Accused” form, law enforcement should not force a blood draw. Instead, you should have received a “NOTICE OF INTENT TO REVOKE.” You have ten days from the notice date to go before the court and request a Refusal Hearing.

If you fail to request a hearing, you will get an automatic refusal conviction. As of 2013, the Wisconsin Supreme Court has ruled that the courts cannot reopen cases if the person does not make a request in that ten-day window. If a timely request is not made, there will be no recourse. If the refusal is found to be “unreasonable” by the court, you could lose your driving privileges for a year.

For 30 days after revocation, you will not be allowed to drive. After that, you may request an occupation work license for the remainder of the time. You will also get a one-year IID requirement and other assessments. There is no fine or forfeiture penalty for a refusal violation.

For More Information Please Visit: http://www.wisconsin-owi.com/wi-dui-owi-laws/first-offense/