Driving under the influence (DUI) is a serious offense that can have significant consequences, even for first-time offenders. In Wisconsin, DUI is officially referred to as Operating While Intoxicated (OWI). If you are facing an OWI charge for the first time in Wisconsin, understanding the legal process and potential repercussions is crucial.
An OWI charge can be issued if the driver was found operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or if you are under the influence of any controlled substance. The legal process typically begins with your arrest.
The criminal penalties
First-time OWI offenders in Wisconsin typically face a $150 to $300 fine. Although a first offense does not usually result in jail time, aggravating factors, such as having a minor in the vehicle or causing an accident, can lead to harsher penalties.
In addition to fines, the driver will also need to undergo an alcohol and drug assessment. Depending upon the assessment’s results, you may need to complete a treatment program or attend educational courses. Failure to comply with these requirements can result in further legal consequences.
The administrative consequences
Upon arrest, the Department of Motor Vehicles (DMV) will automatically suspend your driver’s license. This suspension generally lasts six to nine months for a first-time OWI offense. However, you can request a hearing within ten days of your arrest to challenge this suspension. If you fail to request a hearing, the suspension will proceed as scheduled.
Additionally, you may be eligible for an occupational license, which allows you to drive to and from work, school, or other essential activities during the suspension period. To obtain this license, you must provide proof of SR-22 insurance, which is a certificate of financial responsibility.
The court process
After your arrest, you will receive a court date for your initial appearance, where you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, your case will proceed to a pre-trial conference, where your attorney and the prosecutor will discuss potential plea deals or prepare for trial.
During the trial, both sides will present evidence and call witnesses. The judge or jury will then determine your guilt or innocence. The judge will impose penalties based on the state’s guidelines if they find the driver guilty.
It is a serious matter with long-term consequences
A first-time OWI conviction in Wisconsin will remain on your driving record for life and may affect your insurance premiums, employment opportunities and reputation. Additionally, subsequent OWI offenses will result in increasingly severe penalties, including longer license suspensions, higher fines and potential jail time. There will also likely be a large economic burden as well.
Facing a first-time OWI charge in Wisconsin is a serious matter that requires careful attention and understanding of the legal process. Knowing what to expect can help you better navigate the complexities of the judicial system and work towards minimizing the impact of the charge on your life.
