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How to Avoid Jail Time for a OWI
If you have been charged with an OWI in Wisconsin, there are a variety of penalties you may face. While hefty fines and a loss of driving privileges are harsh penalties, they are not as intimidating as jail time. Let us take a closer look at the potential jail sentences for an OWI and how you may be able to avoid being locked behind bars.
Jail Sentences for Wisconsin OWIs
If you have been charged with an OWI for the first time, you will not face any jail time. However, if you are charged with a second offense OWI, you can be left with 5 days to 6 months in jail. A third offense OWI may come with 45 days to a year in jail while a fourth offense may lead to 60 days to one year in jail.
Avoiding a Jail Sentence with Legal Representation
To increase your chances of avoiding jail time, you should reach out to an experienced DUI attorney. An attorney can look for flaws in the prosecution’s case to help you avoid a conviction and the jail sentence it may lead to.
Can a Passenger Be Charged with a OWI?
If you were a passenger in a vehicle with a drunk driver, you may be asking yourself whether you can be charged with an OWI. Although only the driver can be charged with an OWI, the prosecution may question whether or not you were behind the wheel. Let’s take a closer look at the elements of an OWI and what happens if you are arrested for one to help answer this question.
Elements of an OWI
In order to be charged with an OWI in Wisconsin, you must be driving or in actual physical control of the vehicle. The following must also be true:
- You are under the influence of alcohol and/or drugs.
- Your blood alcohol level is 0.08 or higher.
Due to the fact that passengers are not usually in physical control of vehicles, you cannot be charged with an OWI if you are a passenger. However, if a crash occurred and you are standing outside of the vehicle with driver, the prosecution may question who was actually driving the vehicle. In addition, if you control the steering wheel while you are in the passenger’s seat or the prosecution has reason to believe you switched positions with the driver following the accident, you can be charged with an OWI.
What to Expect From Your First OWI in Wisconsin
If you have been arrested for an OWI for the first time, you are likely scared and unsure of what to expect. Fortunately, a OWI arrest does not automatically mean a conviction and there are things you can do to ensure the best possible outcome for your case. Below is some information to help you understand what to expect from a first time OWI arrest and tips on what you should do if you have been arrested.
First-Time DUI Penalties
When you get arrested for an OWI for the first time, you may feel like you are the only one to go through this. It is important to understand that you are not alone—as thousands of people get pulled over for driving under the influence in Wisconsin each year.
While the penalties you are left with will depend on the specifics of your case and whether your attorney can help reduce or drop your charges, first-time OWI penalties include:
- License revocation: Your driver’s license will be revoked for six to nine months.
How to Explain a DUI on a Job Application
If you have a DUI on your criminal record and are searching for a job, you may be nervous about how potential employers will react when they find out about your DUI conviction. Here are some tips on how to explain your DUI on a job application or in an interview and increase your chances of landing the job.
Is Disclosing a DUI Necessary?
It may be tempting not to mention your DUI while applying for a job. However, if an application asks you about your criminal history, it is important that you reveal your DUI. Since employers almost always run background checks prior to hiring employees, not mentioning your DUI can make you appear untrustworthy. In most cases, hiring managers and recruiters refrain from hiring candidates who were not honest about their criminal history.
Will I Not Get a Job After Disclosing a DUI?
5 Steps to Take After Getting Pulled Over For a DUI
When you get pulled over for a DUI, you will likely feel overwhelmed with thoughts and wonder whether you will lose your license, how your insurance company will react, and who you should talk to first. If you do get accused of a DUI, it is important to follow the following five steps.
- Document Everything. You should take the time to write down everything you can remember from your DUI arrest. Doing so can help you build a strong case and may help reduce or dismiss your charge. Some points that are vital to document include:
- When and where you were stopped
- Whether a breathalyzer test was administered
- What the officer communicated to you and vice versa
- What types of tests the officer conducted
2. Make Your Social Media Profiles Private. If your Facebook page shows pictures of you drinking the night of your DUI arrest, your arrest has a greater chance of turning into a conviction. Even if you are innocent, your photos can be taken out of context and taint your reputation.
6 Emotional Effects of a DUI Conviction
Most people are aware of the harsh penalties of a DUI. However, many do not consider the emotional effects a DUI can bring. If you have been pulled over for a DUI, you will likely go through a cycle of various emotions that can take a toll on your well-being. Here is list of the six of the emotions you may be left with after a DUI arrest:
- Denial and Shock. Following a DUI arrest, you may be in complete shock and deny the fact that the situation actually occurred. Often times, denial and shock lasts for hours, days, and weeks. These feelings are even more likely to occur if you have never been arrested before.
- Guilt and Pain. Eventually, feelings of denial and shock fade and replace with emotional pain and guilt. Even though your guilt and emotional pain may be significant, know that you will survive the situation and eventually move on with your life.
6 Ways to Avoid a DUI on Super Bowl Sunday
Whether you love football or simply enjoy the commercials, you will likely be watching the Super Bowl this month. While going out to sports bars and parties to watch the game is fun, it can be dangerous and lead to a DUI if certain safety precautions are disregarded. Here are six tips that can ensure you stay safe and avoid drunk driving on Super Bowl Sunday, one of the biggest drinking days of the year:
- Have a Plan. Instead of just deciding to drive somewhere to watch the Super Bowl last minute, you should have a plan well in advance. Your plan should determine where you will be watching, who you will be watching with, whether or not you will be drinking, and how you will get home safely.
- Designate a Designated Driver. It is a good idea to find a designated driver before going out to watch the Super Bowl. This individual should not drink during the festivities and take on the responsibility of driving you and anyone else who drinks home once the game is finished.
How to Get Your Life Back on Track after a DUI Conviction
If you have been charged with DUI, you may be facing several issues such as shame, depression, and social stigma. Fortunately, you can get your life back on track after a DUI conviction and learn from your mistake. Here are several tips that will help you get through this hurdle and move forward with your life.
- Seek Treatment If Necessary. In some cases, a DUI was the result of one bad decision. However, if you often find yourself getting behind the wheel while intoxicated, you may have an alcohol addiction. If you believe you have an alcohol issue that is affecting your life, career, and relationships, you should seek treatment by contacting your doctor or a local treatment center.
- Seek Support. Facing a DUI can be an overwhelming experience. Therefore, you should seek support from your family, close friends, or even a professional counselor. Resolving problems on your own could do more harm than good so it is important that you take advantage of loved ones and professionals who have your best interest in mind.
How a DUI Will Affect Your Car Insurance Rates
One of the financial consequences of a DUI conviction is higher car insurance rates. The amount your car insurance rate will increase will depend on several factors such as your car insurance company, age, the time that has passed since your DUI, and the number of DUIs you have had. Let’s take a closer look at how a DUI will affect your car insurance.
What is an SR22?
Contrary to popular belief, SR22 is not a type of car insurance. It is actually a certificate that your car insurance company files with the Wisconsin DMV to ensure that you have a car insurance policy. If you would like to reinstate your driver’s license after being convicted of a DUI, reckless driving, driving without insurance, or any other similar traffic violation, you will need an SR22 for five years. In the event you fail to pay your insurance premiums during that time frame, your SR22 will be canceled and an SR26 will be filed. The filing of the SR26 will suspend your license until a new SR22 is filed.
Can I Join the Military with a DUI?
Whether you would like to serve our country, are seeking job security, or are interested in education related benefits, joining the military is an excellent career choice. However, if you have a DUI conviction, you may find it difficult to enlist. Fortunately, a waiver may help you do as it proves that the military knows about your DUI and is willing to look past it. Waiver approvals are not granted automatically and are based on each individual case.
What Happens When You Enlist in the Military Following a DUI
If you begin the process of enlisting in the military but have a DUI on your record, you will need to address all of your charges. Addressing your charges may involve paying fines and court fees, attending and completing any court-ordered alcohol management classes or community service requirements, and waiting until your probation period has been completed.