Since the 1980s, both state and federal agencies have attempted to reduce the number of drunk driving accidents that occur. For the most part, this has succeeded. In Wisconsin, there were nearly 30,000 alcohol-related traffic crashes in 1980. By the time 2015 rolled around, there were only 5,174 alcohol-related traffic crashes recorded in Wisconsin. Even though the number of drunk driving accidents decreased immensely, they still remain a significant safety issue. Wisconsin OWI laws are taken seriously and are often enacted to their full extent. That is why if you or someone you know is charged with OWI, it is crucial to hire an experienced criminal defense attorney to make sure your rights are protected. 

Implied Consent Laws in Wisconsin

Nearly every state in the United States has an implied consent law that requires drivers to submit to chemical testing if they are suspected to be driving while intoxicated. Wisconsin is no exception. If you are driving a vehicle in Wisconsin, you are deemed to have given your consent to submit to “one or more tests of blood, breath, or urine.” These tests are used to determine the amount of alcohol or drugs in your system, and they are typically performed after a person has been arrested on suspicion of drunk driving.

One of the most common crimes committed with a vehicle is driving while under the influence of drugs or alcohol. In Wisconsin, this is referred to as operating while intoxicated (OWI). Some of the most deadly and serious car accidents occur because of people driving when they are drunk or high on drugs. According to the Wisconsin Department of Transportation, there were nearly 30,000 OWI arrests that took place in 2015, with more than 5,000 alcohol-related car crashes. In the past few decades, more emphasis has been placed on preventing drunk driving, with one strategy being to increase the consequences for committing an OWI. In Wisconsin, penalties for OWI can range from a simple fine to jail time or felony charges, depending on the situation.

First-Offense OWI

In Wisconsin, a first-time OWI offense is not technically considered a criminal charge. Rather, it is classified as a petty offense that results in a fine and a driver’s license suspension. If you are caught driving while under the influence for the first time, you will be subject to a fine between $150 and $300, a $435 OWI surcharge, and a six- to nine-month driver’s license suspension. However, you can apply to get an occupational license immediately. An occupational license allows you to drive to certain places, such as work, school, church, or the grocery store. 

Some people might have been arrested for drunk driving over the recent holiday season. If you are one of these, you need to get to work on your defense right away. Some components of these cases are time sensitive, so you are very limited on how much time you have to act. We are here to help you go through the various aspects of your case.

One thing to remember for drunk driving cases is that your defense strategy might call several points into question. We need to have time to look at the circumstances of the case to determine exactly what our options are. Once we know this, we can discuss them with you so that you can give us directions on what you want to focus on. The goal is to come up with a strategy that is comprehensive and that is based on the truth of the time.

With New Year's Eve less than a week away, right now is the time to make plans for transportation if you are heading out to enjoy some drinks to ring in 2019. Wisconsin is in the middle of the holiday Drive Sober or Get Pulled Over campaign. This campaign includes 25 task forces that encompass more than 100 law enforcement agencies in this state. Around 300 drug recognition experts are part of the program, and approximately 3,800 officers have been trained on Advanced Roadside Impaired Driving Enforcement.

One thing to remember is that if you are heading into Milwaukee for the festivities, you can count on free rides on Milwaukee County Transit buses. Miller Brewing is continuing the 31-year tradition of providing these to help people make it home safely. Some local taverns also have options for free transportation to get partygoers home safe. These are done through the Tavern League of Wisconsin's Safe Ride.

With the Waukesha Metro Transit and availability of taxis and ride shares, people in our area have plenty of options for getting home safely after a night of drinking. There really isn't any reason why a person should have to drive drunk but things might happen that lead to this. If you are facing drunk driving charges, make sure that you start working on a defense plan right away.

There are immediate impacts to this charge that aren't present in other charges. For one, you are facing the loss of your driver's license. This can greatly impact your life since you will have to rely on others for rides. If you have to drive for your job, there is a chance that you will have to find other employment. This might be difficult with an open criminal case against you. It may be even harder if you have a conviction on your record.