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Options After a Third or Fourth Wisconsin OWI: Alcohol Treatment Court
Wisconsin is the only state in the country that does not treat a first offense of operating a vehicle while intoxicated (OWI) as a criminal offense. Currently, it treats a first-time OWI as a traffic violation, although some lawmakers and citizens are currently trying to change that.
With multiple OWIs, you can face harsh penalties, such as incarceration, long-term driver’s license suspension, and heavy fines. One option available to third- or fourth-time OWI offenders is Wisconsin’s Alcohol Treatment Court.
What is Alcohol Treatment Court?
This program is similar to drug court programs in that it aims to break the cycle of drinking and driving and help offenders improve their chances at a sober and healthy life. The program lasts for a minimum of one year, but it often exceeds that depending on the person’s needs. The program consists of four phases that involve elements such as:
What are Common Defenses to Wisconsin DUI Charges?
Wisconsin police law enforcement and the courts do not take OWI charges lightly. In the state of Wisconsin, even a first offense of operating a vehicle while intoxicated can result in a fine of up to $300, a $435 OWI surcharge, a six- to nine-month driver’s license revocation, and a significant mark on your criminal record.
In recent years, Wisconsin lawmakers have pushed to make consequences for first-time OWI offenses more strict, although lawmakers typically punish OWI charges to the fullest extent of the law. However, there are certain elements a strong DUI defense can focus on to help mitigate the consequences.
What a DUI Prosecutor Must Prove
In criminal cases, the burden of proof lies with the prosecutor, hence the saying, “innocent until proven guilty.” The prosecutor must prove that you were operating a motor vehicle and that you were, in fact, under the influence of alcohol or drugs at the time you were operating the vehicle.
How to Reinstate Your Wisconsin Driver’s License After an OWI
Throughout the United States, the general trend for DUI arrests and convictions has been a good one — for the past couple of years, the number of DUI arrests and convictions has been decreasing. Despite this, operating a vehicle while intoxicated is still a big issue in Wisconsin. One of the ways states have tried to prevent DUIs is by placing a suspension or revocation on the offender’s driver’s licenses.
While this has been effective in lowering DUI rates, it can greatly affect someone’s life who is arrested for OWI, including their ability to earn a living and complete household duties. Getting your driving privileges back can also be a long and tedious process, and one best navigated by a driver’s license reinstatement attorney.
License Reinstatement Eligibility
First, you need to determine whether you are eligible to reinstate your driver’s license. The length of time a suspension or revocation lasts depends mostly on the specific OWI offense that you were charged with and whether the reason your license was suspended or revoked was because of a first, second or subsequent offense. First-time offenders face a six to nine-month revocation, while other convictions can result in upwards of two to three years of revocation.
Theft, Robbery, and Burglary Charges in Wisconsin
Because they are often used interchangeably in conversation, many people think theft, robbery, and burglary are all the same thing. They are actually three rather different charges with various levels of consequences. If you are charged with theft, robbery or burglary, it is important to understand the potential punishments you face for a conviction and to secure experienced legal representation as soon as possible.
Theft Charges
According to Wisconsin law, theft occurs when you intentionally take and use, transfer, conceal, or retain possession of moveable property without the owner’s consent and with the intention of permanently depriving them of that property. Like most states’ theft laws, the punishments for theft in Wisconsin largely depend on the value of the property taken. If the value is not more than $2,500, the charge is a Class A misdemeanor, which carries up to nine months in prison and $10,000 in fines. Penalties for stolen property valued at $2,500 or more can be classified as anywhere from a Class I felony to a Class F felony. This means you could face anywhere from three to 12 years in prison and fines between $10,000 and $25,000.
How Does a DUI Affect Insurance?
Getting a DUI can be detrimental in many ways. You may face driver’s license suspension, jail time, and expensive fines, but you could also face other financial burdens relating to your DUI. One complication is you will probably see an increase in your car insurance rates. With any person’s auto insurance, the rate you pay is typically dependent on the person’s driving record. If you have an OWI conviction on your record, your car insurance company will likely raise your premiums, although the percentage your rate is raised depends on the company.
What Causes Car Insurance to Go Up?
Your insurance rates are usually determined by how much of a risk your insurance company considers you to be. If the insurance company has reason to believe that you are a risky driver, then you will pay more for your insurance coverage. There are a number of factors that affect how your insurance company determines whether you are a risky driver. These include:
4 Things to Know About Carrying a Concealed Weapon in Wisconsin
While the United States Constitution guarantees every U.S. citizen the right to bear arms, it is treated more like a privilege throughout the country. This is especially true when it comes to citizens carrying concealed weapons. In some states, you do not need a permit to carry a concealed weapon. In other states, including Wisconsin, you must apply to receive a permit in order to legally carry a concealed weapon.
Gun laws can be complex, which is why it is important to do your research before you become a firearm owner. If you do not, you could risk breaking the law without knowing it.
Here are a few things you should know about carrying concealed weapons in Wisconsin:
1. CCW Permits Cover More than Just Handguns
What many people do not know is that you need a concealed carry permit for more than just a pistol. A Wisconsin CCW license is required for anyone who wishes to conceal a handgun, electric weapon (such as a taser), or a billy club. If you fail to obtain a CCW permit and you carry any of these weapons, you could face criminal charges.
Lawmakers Want to Criminalize First-Time DUI Offenses
In most states, a DUI is considered a criminal offense (typically a misdemeanor), even for a first offense. This is not the case in Wisconsin, where a first-time OWI is treated more like a traffic violation. Two Wisconsin lawmakers have proposed bills that would make DUI penalties in Wisconsin more severe. One of these bills aims to increase penalties for first-time DUI offenders in Wisconsin, something the lawmakers say is long overdue.
Wisconsin DUI Laws
Under the proposed bill, first-time OWI charges would no longer be treated as traffic offenses. They would become criminal misdemeanor charges, punishable by up to 30 days in jail and $500 in fines. Though alcohol-related crashes have decreased in recent years, a good portion of Wisconsin DUI offenses are committed by first-time offenders. The lawmakers say this bill would help deter people from drinking and driving even further.
According to Mothers Against Drunk Drivers (MADD), Wisconsin was among the worst 15 states for DUI arrests each year from 2007-17. The Wisconsin Department of Transportation also states 448,624 drivers in the state had at least one OWI conviction as of 2015.
Ignition Interlock Device Installation After a Wisconsin DUI
In an effort to reduce the number of people who choose to drink and drive, many states - including Wisconsin - have adopted a number of laws and regulations over the decades to deter people from breaking the law. Most states now have in place some version of a program that requires the use of an ignition interlock device (IID) in the vehicles of DUI offenders. In Wisconsin, 2010 marked the first year mandatory IID requirements went into effect. IIDs are now required for all repeat OWI offenders, all chemical test refusals, and all first-time DUIs in which the driver’s blood alcohol concentration (BAC) is more than .15.
What is an Ignition Interlock Device?
An IID is a small electronic device that is wired into your vehicle’s ignition system. Before you are able to start the vehicle, you must blow into the device, which will then determine your BAC. In Wisconsin, if your BAC is over .02, the vehicle will not start. The device will allow you to have three attempts in five minutes for each requested breath sample. After a vehicle starts, the device will prompt you for other samples at various intervals while the engine is running. The date, time, and BAC of each and every sample is recorded and stored.
Can You Refuse a Blood Alcohol Test if Pulled Over for OWI in Wisconsin?
While law enforcement has cracked down on drunk driving for the past few decades, in Wisconsin and in every state, operating a vehicle while intoxicated (OWI) is still a common problem. According to the National Highway Traffic Safety Administration (NHTSA), there were 613 motor vehicle traffic fatalities in Wisconsin in 2017 and 38 percent of those involved alcohol in some way.
When you are pulled over for suspicion of OWI, the police officer will ask you to submit to a chemical test to determine your blood-alcohol concentration (BAC). If you do not comply with the officer’s request to submit to a chemical test, you could face serious consequences.
Implied Consent in Wisconsin
Like many other states, Wisconsin has an implied consent law when it comes to chemical testing for your BAC. In Wisconsin, implied consent means any person who drives a vehicle in the state is deemed to have given consent to one or more tests of his or her breath, blood or urine to determine the presence of alcohol, controlled substances or any combination of the two in the driver’s system. If an officer requests that you complete a chemical test, you must do so or face consequences.
Underage Drinking Charges in Wisconsin
Getting a call from the police department is rarely fun. When that call from the police is to inform you they have your teenager in custody, it can be devastating.
According to the U.S. Department of Health and Human Services, alcohol is the most widely used drug among teenagers, even though it is illegal for anyone under the age of 21 to consume alcohol. Though underage DUI incidents have decreased over the past few years, it is still a problem with serious consequences.
Underage Drinking Laws
There are technically two categories of underage drinking laws in Wisconsin. If your child is under the age of 17 and they are caught in possession of or consuming alcohol, it is categorized as a juvenile charge. If they are between the ages of 17 and 20 and caught in possession or consuming alcohol, it is categorized as an underage charge.
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