Second DUI Offense Lawyers in Ozaukee & Washington Counties
West Bend office (near the Museum of Wisconsin Art)
Some of the penalties for a second OWI offense include but are not limited to
- A $250 alcohol and drug assessment + cost of recommended treatment plan
- Hundreds of dollars for an occupational license
- More money to apply to have your driver’s license reinstated
- Loss of your job if you have a commercial driver’s license or pilot’s license
- SR22 high-risk auto insurance (on average costing $95 to $200/month -- required by the state if you want an occupational license. You’re stuck because it replaces your existing insurance).
- Thousands of more dollars on higher auto insurance premiums for years after your conviction
- Higher life insurance rates
- Higher health insurance rates
- Time off work to appear in court
- Vehicle impound fees
- Travel ban to Canada
Excessive Blood Alcohol Content Levels
If your blood alcohol concentration (BAC) was .17 or higher, you may face additional penalties for a second offense OWI.
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BLOOD ALCOHOL CONTENT
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PENALTIES
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INCARCERATION
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MAX. FINE
|
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.17 - .199
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Double
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10 days - 1 year
|
$2,200
|
|
.20 - .2499
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Triple
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15 days - 1.5 years
|
$3,300
|
|
.25 or greater
|
Quadruple
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20 days - 2 years
|
$4,400
|
Wisconsin Drunk Driving Laws
The legal limit in Wisconsin is a blood alcohol content (BAC) of 0.08. Commercial drivers have only half that wiggle room, at a legal limit of 0.04 BAC. Even less wiggle room goes to drivers under 21, who are under a Zero Tolerance policy. Drivers under 21 are only permitted a BAC of 0.02 or less, otherwise, they face an OWI under 21, which has its own set of penalties.
Penalties for driving drunk under 21:
- $200 fine
- Immediate 3-month license suspension
- 4 Driver’s License demerit points
- May apply for an occupational license immediately with SR-22 insurance form
- Fine & suspension doubled if passenger under the age of 16 is in the vehicle at the time
- The OWI conviction will remain on your driving record for five years
Could You be Facing a Felony Charge for Driving Under the Influence in Wisconsin?
A second DUI is a criminal misdemeanor offense, not a felony. More serious charges may apply if you had operated with a minor under the age of 16 in the vehicle or if you caused an injury or great bodily harm.
Ozaukee & Washington OWI Lawyers with Free Consultations
With years of experience handling drunk driving cases from both the prosecution and defense sides, Tom Grieve and the accomplished defense attorneys at Grieve Law possess an exceptional comprehension of OWI laws in Wisconsin. While Fee to Plea™ lawyers may persuade their clients to accept quick and effortless plea bargains, Grieve Law's zealous lawyers wholeheartedly uphold their clients' rights..
Will a 2nd Offense OWI Charge stay on My Record?
Yes. A second offense OWI conviction will stay on your record for the rest of your life. Once you’ve two OWIs on your record, Wisconsin has a lifetime look-back policy for all future drunk driving arrests – no chance of a clean slate
How to Beat 2nd Offense OWI Charges
In each 2nd DUI charge, there are specific details affecting the outcome of your case. To learn how to get your second drunk driving charge reduced or dismissed, you’ll need to speak to an attorney about the unique circumstances of your arrest. In general, these are some of the defense strategies to consider:
- Illegal stop
- All too often in Wisconsin, drivers are pulled over even when they haven’t violated any traffic laws or done anything wrong. Mounting a legal defense against second DUI charges starts by determining whether the police had a legal right to stop you. Even legal traffic stops can become illegal when the scope or duration of the stop goes beyond its initial purpose.
- Field sobriety tests mishandled
- Procedures for field sobriety tests must be strictly followed, and the results fully evaluated. Even in cases where the driver was operating while intoxicated, the charges can be dropped if the field sobriety tests didn’t meet the strict standards. Grieve Law attorneys are certified by the NHTSA in Standardized Field Sobriety Testing training – which means we’re qualified to teach the police what they did wrong.
- Blood alcohol test error
- Chemical testing for BAC must follow strict professional standards including how the testing is performed, processed and documented. There are myriad ways human error and equipment malfunction can lead to an invalid result, which means it can’t be used as evidence.
- BAC under the limit while driving
- In some cases, were it not for the police pulling someone over, they would have made it home and been off the roads before their blood alcohol reached the legal limit. This is called the curve defense, and it will examine the timing of your BAC test to determine if you were legally intoxicated during the time you were actually behind the wheel.
- Collateral attack
- A collateral attack means challenging your prior OWI conviction so it can’t be used for sentencing purposes for the current OWI charge you’re facing. You’ll need to work with an experienced drunk driving lawyer qualified to review your previous OWI conviction to determine if a collateral attack could be applied to your second OWI charge.
(262) 786-7100
