Brookfield, WI OWI Lawyer Drunk driving defense attorneys serving Waukesha County

OWI penalties vary by county, but in Brookfield, first offense OWI penalties could include a $150 to $300 fine and revocation of your license for 6 to 9 months. In one of the most severe cases, a homicide caused by OWI, the penalty is up to a $100,000 fine, 25-40 years in prison or both.

In 2020, the Brookfield Police Department arrested 138 people for OWI. In total, 1,337 people were arrested for OWI in Waukesha County that same year.

Whether facing your first offense, second offense, third offense, fourth offense, or fifth offense OWI charge, we’ll work closely with you, keeping you informed and knowledgeable about the legal process. Call Grieve Law's OWI attorneys in Brookfield for a free case consultation.

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What Constitutes an OWI in Brookfield, WI?

In Brookfield, Wisconsin, an OWI (Operating While Intoxicated) means driving a motor vehicle while under the influence of alcohol, drugs, or other restricted/illegal substances that impair your ability to drive safely. According to Wisconsin state law, an OWI in Brookfield involves the following:

Blood Alcohol Concentration (BAC) Limits

  1. 0.08% or higher for drivers aged 21 and older.
  2. 0.04% or higher for drivers operating commercial vehicles.
  3. 0.02% or higher for drivers with three or more prior OWI convictions.
  4. Any detectable amount of a restricted controlled substance in your system (such as recreational drugs like cannabis or prescribed drugs that impair driving).

Impairment Standard

You can still face OWI charges even if your BAC is below the legal limit if law enforcement determines that alcohol, drugs, or a combination of both have impaired your ability to operate a motor vehicle.

Refusal to Take a Chemical Test

Under Wisconsin's implied consent law, if you're lawfully arrested for an OWI, you're required to take a chemical test (breath, blood, or urine). Refusing to do so can lead to extra penalties, such as license revocation and the installation of an ignition interlock device.

Aggravating Factors

Certain conditions can elevate the seriousness of an OWI charge:

  • Driving with a minor under 16 years old in the vehicle.
  • Causing injury or death while operating under the influence.
  • Prior OWI convictions.

First Offense OWI Penalties in Brookfield

If you're convicted of a first OWI in Brookfield, the court revokes your license for six to nine months and adds six points to your driving record. You’ll pay $150 to $300 in fines, plus a $435 surcharge. If your BAC is over 0.15, you must install an ignition interlock device for one year. An AODA assessment is also required as part of the penalty. Even though it’s not a criminal charge in Wisconsin, an OWI conviction may block you from entering Canada.

Second Offense OWI Penalties in Brookfield

A second OWI conviction in Brookfield brings mandatory jail time, fines between $350 and $1,100 and jail time of five days to six months. You’ll lose your license for 12 to 18 months, plus any time spent in custody. For the first 45 days after conviction, you can’t drive at all—not even with an occupational license. Additional penalties include an ignition interlock device for 12 to 18 months, an AODA assessment and a court-ordered treatment plan.

Third Offense OWI Penalties in Brookfield

A third OWI conviction triggers serious consequences, including $600 to $2,000 in fines and sentences of 45 days to one year in jail. You’ll lose your license for two to three years and must install an ignition interlock device for one to three years. For the first 45 days after conviction, you’re not eligible for any license. You must also complete another AODA assessment and follow all treatment recommendations. After a third OWI, your legal BAC drops to 0.02, which means you must remain completely sober behind the wheel.

What Happens to My License If Convicted of DUI?

If convicted, your license will be revoked - and improperly obtaining an occupational license afterward or driving outside permitted hours/conditions can create new criminal charges. This could mean further jail time on top of any sentence for the original OWI. A lawyer who understands your specific situation can provide critical counsel on the proper steps to take and help minimize lasting penalties. 

Trust Our Brookfield OWI Attorneys - Beat Drunk Driving Charges

Don't fight alone against an OWI. Partnering with the right legal experts makes all the difference in working toward the most favorable outcome possible. When you partner with Grieve Law, you can move forward with the peace of mind that your rights will be protected.

The Importance of Hiring an Experienced OWI Defense Attorney

No one ever plans to get an OWI. Most people think it will never happen to them. But even good people have bad days, and mistakes happen. If you find yourself faced with an OWI, you face significant potential penalties, and having experienced lawyers on your side is critical. If you are convicted of any OWI offense you will face a period of driver's license revocation time, potential mandatory ignition interlock device requirements for any vehicle titled or registered in your name, fines in the thousands of dollars, mandatory alcohol classes, limitations on your ability to drive for months or years, and even jail time. Call. The. Experts.

In Wisconsin, we refer to Driving Under the Influence charges as an OWI, but many people refer to them as DUIs. Wisconsin has many different versions of OWI including alcohol impairment, drug impairment, medication impairment, and combinations of alcohol and drugs. It is true that you can be charged with an OWI for driving while taking prescribed medications even if you are taking those medications consistent with the prescription dosage. 

Whether this is your first time ever being arrested, or you are facing a repeat charge for OWI, it is important to have an experienced and knowledgeable attorney representing you to get you the best result possible in your OWI case.

You Are Only Guilty If You Are Convicted®

Grieve Law's Brookfield OWI Defense Lawyers 

Grieve Law’s expert team of OWI attorneys have decades of combined experience defending Wisconsin citizens with OWI charges. If you’ve been charged with an OWI, you need a lawyer with a reputation for lessening or dismissing the charges entirely. We are experienced, trained, and focused, and we have a track record for beating cases.

The OWI attorneys at Grieve Law will help you navigate the legal system, understand the paperwork, build your case and reduce the amount of time you spend in court. After you’ve been charged with an OWI, the first 10 days are critical, and you should contact the OWI lawyers at Grieve Law as soon as possible. You need representation from a defense attorney with a record of getting OWI charges reduced or dropped to develop the best possible defense for your case.

The award-winning attorneys at Grieve Law work tirelessly to achieve the best possible outcome for each and every one of our clients. Call us today and rest easy knowing every effort will be made to reach the best possible outcome for your future.

Waukesha OWI Attorneys

How long does an OWI stay on my record?

Any OWI conviction will stay on your record for life. If you have only one prior conviction, Wisconsin will look back for 10 years. If your last offense is more than 10 years prior to your current offense, Wisconsin will treat your new offense as a second first offense. However, if you have two or more prior convictions on your record, Wisconsin has a “lifetime look back”. This means that any conviction you have, no matter how long ago, will be counted to increase the level of OWI of your current offense. So even if your last OWI was 20 years ago, you can still be charged with a 3rd offense OWI if you have two prior offenses on your record. Penalties for OWI offenses only increase with the level of OWI. Any 4th offense OWI is a felony that carries potential prison time. A fifth or sixth offense carries a presumptive minimum jail sentence of at least 18 months of initial confinement in prison. A 7th, 8th, or 9th offense carries a mandatory 3 years of initial confinement in prison. Penalties for OWI offenses can add up quickly.

How to beat an OWI charge

The best way to beat an OWI charge in Waukesha or Brookfield is to avoid a conviction. Success depends on a thorough review of police conduct, the evidence, and how the law applies to your case. To prove guilt beyond a reasonable doubt, the state must show you operated a motor vehicle on a public highway in an unsafe way while under the influence of an intoxicant. Defending against an OWI begins by analyzing the state's evidence and finding ways to challenge it.

Though challenging OWI evidence can be complex, a knowledgeable attorney understands how to apply the law to your unique circumstances. Police must follow specific legal standards during every stage of the investigation. If they fail to do so, your attorney can argue to exclude key evidence. When the court declares evidence improperly obtained, it may be ruled inadmissible and the state may not be able to prove the charge.