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If someone is convicted of a second OWI in Milwaukee, Wisconsin, they could lose their license for 18 months or more, receive up to $1,100 in fines and up to 6 months in prison, depending on how recently the first OWI offense had occurred.
In 2020, 2,438 people were arrested for OWI in Milwaukee County. Those who face a second offense OWI conviction face up to 6 months more jail time than first offenders.
For a second offense OWI in Milwaukee, the penalties include jail time, driver’s license revocation, the ignition interlock device or breathalyzer, AODA, and fines. Jail time on a second offense ranges anywhere from 5 days to 6 months. While that is a large range, it varies widely not only on the county that you are in, but also your blood alcohol concentration, the circumstances surrounding the offense, how long ago your first defense was, among many other factors. Milwaukee County, like all other counties in Wisconsin, has what are called judicial guidelines to determine what amount of jail is appropriate for a driver on a second offense.
The driver’s license revocation as well as the ignition interlock device order have a minimum of 12 months and a maximum of 18 months. There is also a 45-day period following a conviction where you will not be eligible for an occupational license. The fines in a second offense range anywhere from $350.00 to $1100.00. While this amount depends on the severity of the offense and other factors, there are also court costs, surcharges, and other fees that will be added on. When added together, your total amount due could be upwards of $1,500.00, even at the minimum fine amount of $300. If you have a minor in the vehicle at the time of your offense, the jail time, revocation, IID, and fines double. Over the course of their lifetime, studies have shown that someone convicted of an OWI spends upwards of $20,000 - $30,000 in expenses.
Getting charged with an OWI as a criminal second offense means that you have had a prior OWI conviction within the past 10 years. If it has been more than 10 years, you will receive a citation for a first offense again, which is a civil forfeiture rather than a criminal offense.
In a criminal OWI case, many people are very understandably concerned about jail time. In most cases, the person who committed the offense should be eligible for Huber release. Huber release exists so that people can serve a jail sentence but still be able to go to work, receive treatment, and take care of their children. Some counties even have electronic monitoring, or house arrest, where the sentence itself can be served at home, and then you can receive the Huber release from there.
In setting up when you will report to the jail, it is important at this time that you have all of your affairs in order for work, kids, and anything else that may be going on while you are in custody. It is also important to note that by law, the jail can hold you up to 48 hours to verify your Huber release and employment before they release you.
If you are convicted of a second OWI in Milwaukee, you will have a criminal misdemeanor. OWI offenses are not expungable, so they will stay on your record for the rest of your life. These convictions are publicly listed as part of Wisconsin’s open records law, and anyone would be able to see this.
From the time that the officer sees your car on the road in Milwaukee to the time that the blood is drawn from your arm, there are many issues that can be researched and addressed that might mean the difference between a criminal record and freedom. It is important to hire a highly trained OWI attorney in Milwaukee who knows exactly what to look for when challenging an OWI case.
