FAQ's About Wisconsin OWIs

How is blood alcohol level determined?
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What is Implied Consent?
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Do I have to let them test my blood alcohol level?
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Can I get a Second Alcohol Test?
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Do I have a right to an attorney before I submit to a test?
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How are the Results of my Breath or Blood Test Used at Court?
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What happens to my license if I have a prohibited alcohol concentration?
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What happens if I refuse the test?
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What Counts as a Prior Conviction?

The following count as prior convictions:

A conviction for OWI.
An OWI conviction under Wisconsin Indian law.
A conviction for homicide by intoxicated use of a vehicle.
A conviction for causing great bodily harm by intoxicated use of a vehicle.
A conviction for causing injury by intoxicated use of a vehicle.
An OWI conviction under another jurisdiction’s law.
Revocations under Wisconsin’s Implied Consent Law.
Suspensions or Revocations under another jurisdiction’s law from refusing to submit to chemical testing.

There is no time limit on using prior convictions, so it doesn’t matter how old they are. There are two exceptions. If your first conviction is between 0.08 and 0.099 and it is not a commercial license, the conviction is purged after ten years. Second, in determining whether an offense is a second offense, convictions generally are only counted if they occur within a ten years period. Multiple convictions arising out of the same driving incident are counted as one conviction for prior purposes.

There are ways a lawyer can challenge the use and validity of a prior conviction.

What if I have an accident while intoxicated?

If you injure or kill someone, you will be charged with a felony under Criminal Code Chapter 940. These offenses are very similar to OWIs, with the added element of injury, but there are subtle differences, like there’s no restriction on use on a highway, and the definition of what is a motor vehicle is broader. The penalties for these crimes can be very steep.

Homicide By Intoxicated Use of a Vehicle. This crime is committed when an intoxicated person causes the death of another person or an unborn child. The prosecutor need only prove that the driver was intoxicated and someone died. It is not necessary to prove the intoxicated use caused the death. The defendant is entitled to prove, if he can, that the death would have occurred even if he had been sober and using due care. If that is proven, he cannot be convicted.

Felony Injury By Intoxicated Use of a Vehicle. This statute is much the same as homicide, differing only in that the level of injury is “great bodily harm” rather than death. The causation defense is also available.

Misdemeanor Injury By Intoxicated Use of a Vehicle. This is the same as the felony injury statute, only involving minor injuries. The same defense is available.

What if I am underage?

You are subject to all the same OWI laws as everyone else, plus the “Not a Drop” law. You are driving illegally if you have any detectable alcohol in your system, although if you are not impaired and under 0.08, it is not an OWI.

In addition to the other OWI laws, the following chart of additional offenses and penalties is applicable to people under 21.

Offense	Fine	DL Suspension
Absolute Sobriety “Not a Drop” Law (If under age 21)	$200	4 points 3 month license suspension Occupational - immediately
Underage Alcohol (Procure or Misrepresent Age) (Age 17-20)	1st: $250 - $500 2nd in a year: $300-$550 3rd in a year: $500-$750 4th or more in a year: $750-$1,000	1st: 30-90 day suspension 2nd: up to 1 yr. suspension 3rd or more: up to 2 yr. suspension
Juvenile Alcohol (Procure or Misrepresent Age) (Under 17)	1st: $250 - $500 2nd in a year: $300-$550 3rd in a year: $500	1st: 30-90 day suspension 2nd: up to 1 yr. suspension 3rd or more: up to 2 yr. suspension
Underage Alcohol (Possess or Consume) (Age 17-20)	1st: $100-$200 2nd in a year: $200-$300 3rd in a year: $300-$500 4th or more in a year: $500-$1,000	1st: 30-90 day suspension 2nd: up to 1 yr. suspension 3rd or more: up to 2 yr. suspension
Juvenile Alcohol(Possess or Consume) (under 17)	1st: Up to $50 2nd in a year: Up to $100 3rd or more in a year: $500	1st: 30-90 day suspension 2nd: up to 1 yr. suspension 3rd or more: up to 2 yr. suspension
Underage False ID (use or Possess) (Age 17-20)	$300-$1250	30-90 days
Juvenile False ID (Use or Possess) (Under 17)	1st: $100-$500 2nd in a year: $300-$500 3rd or more in a year: $500	1st: 30-90 day suspension 2nd: up to 1 yr. suspension 3rd or more: up to 2 yr. suspension
Intoxicants in Vehicle (Underage Persons)	$20-$400	1st: 30 day – 1 yr. suspension 2nd: up to 1 yr. suspension 3rd or more: up to 2 yr. suspension

What Happens to my Commercial drivers license?

The privilege of having a CDL comes with extra responsibilities when it comes to alcohol. It is unlawful to have any alcohol in your system while driving your commercial vehicle, or to have anything to drink within 4 hours of driving. You are over the legal limit at 0.04, and on conviction for a second offense you lose your CDL for life. CDL convictions also have ramifications for your regular license as well. Getting an OWI while on the job can take you from earning a living to sitting at home unemployed really fast. The chart below summarizes the offenses and penalties involving a CDL.

These offenses are in addition to regular OWI offenses, which you are also subject to.

Abbreviations used below:

CDL – Commercial Driver’s License
HazMat – Hazardous Materials
Disq – Disqualification
BAC – Blood/Breath Alcohol Concentration

Offense	Fine	Jail	Effect on CDL	Effect on Regular DL	Occupational (Regular DL)
Any measurable alcohol up to 0.04, possession of alcohol, operation within 4 hours after consuming alcohol	$10	None	24 hr. Out-of Service	Subject to 24-hr license seizure	N/A
BAC 0.04 to 0.08 1st offense	$150-$300	None	1 yr. Disq 3 yrs. if HazMat	Subject to 24-hr license seizure	After 15 days
BAC 0.04 to 0.08 2nd offense	$300-$1,000	5 days to 6 mos. jail	Lifetime Disq	Subject to 24-hr license seizure	After 15 days
BAC 0.04 to 0.08 3rd or subsequent offense	$600-$2,000	30 days to 1 yr. jail	Lifetime Disq	Subject to 24-hr After 15 days license seizure	After 15 days
BAC 0.04 to 0.08 Causing Injury	$300-$2000	30 days to 1 yr. jail	1 yr. Disq 3 yrs. if HazMat (Lifetime for 2nd offense)	1 yr. revocation	After 15 days
BAC 0.04 to 0.08 Causing Great Bodily Harm	Up to $25,000	Up to 12.5 yrs. jail	1 yr. Disq 3 yrs. if HazMat (Lifetime for 2nd offense)	2 yr. revocation	After 120 days or, if 2 or more offenses within 5 yrs, after 1 yr.
BAC 0.04 to 0.08 Causing Death	Up to $100,000	Up to 40 yrs. jail	1 yr. Disq 3 yrs. if HazMat (Lifetime for 2nd offense)	5 yr. revocation	After 120 days or, if 2 or more offenses within 5 yrs, after 1 yr.
Refusal 1st			1 yr. Disq 3 yrs. if HazMat	1 yr. revocation	After 30 dyas
Refusal 2nd (Within 10 years)			Lifetime Disq	2 yr. revocation	After 90 days or, if 2 or more offenses within 5 years, 1 yr.
Refusal 3rd (Within Lifetime)			Lifetime Disq	3 yr. revocation	After 120 days or, if 2 or more offenses within 5 years, after 1 year
Using any motor vehicle to make, dispense, or distribute drugs feloniously	Varies depending on drug crime		Lifetime Disq	1 yr. revocation	After 15 days

I am charged with OWI and PAC. Can I be convicted of both?

Very often, a person will be charged with two offenses for exactly the same driving, one for operating while intoxicated (OWI), the other for being over the legal limit (PAC). The prosecutor can take you to trial on both, prove both, and ask the jury to convict you of both, and the jury can convict you of both.

But, only one conviction can go on your record.

What are possible defenses to an OWI charge?
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