Second OWI Offense Madison Lawyer
Penalties for Your 2nd Offense OWI in Madison
It only gets worse on a second offense OWI charge.
Unfortunately, even after the harsh penalties that come from a 1st time OWI offense some people continue to put themselves and others at risk. Wisconsin is one of the only states that classifies a first time OWI as a misdemeanor civil offense, but once you’ve been caught drinking and driving for the second time, you’re looking at a felony conviction which comes with it a steeper punishment, and jail time.
Any second offense drunk driving charge is a crime. There are no exceptions. If you are arrested, charged and convicted of a second offense DUI in Dane County you will always be convicted of a crime for the rest of your life. This means when you apply for jobs and get asked the question, “Have you ever been convicted of a crime?” you must answer yes.
The penalties for a 2nd OWI charge in Dane County
If convicted, you will go to jail. Other penalties include:
- 5 days to 6 months in prison
- Up to a $1,100 fine if BAC was under .17% (fines go up if it’s higher than that)
- A $250 alcohol and drug assessment
- Ignition interlock device installed in your car
- Loss of your commercial driver’s license or pilot’s license
- Travel ban to Canada and problems traveling to places like the European Union
In addition to the thousands in fines, potential jail time can be more than an inconvenience. You may lose your job or not be able to see family. An experienced Grieve Law attorney can help get you into a Huber program or house arrest so you can avoid time in a jail cell.
Almost no one gets the minimum five days
You probably read the above and thought, “Five days is not so bad. I can do five days in jail.” Unfortunately, around southeastern Wisconsin, extremely few people are sentenced to five days in jail. In fact, extremely few people get sentenced to even 10, 15, or 20 days in jail. More than likely, the prosecutor on your case will be trying to put you in jail for 30-90 days. Remember prosecutors do not have the same guidelines or rules the Judges do and are free to ask anything they believe is appropriate.
Can I still keep my job and see my children if I’m in jail?
Possibly. But just because your county has a Huber program is no guarantee you’ll be in it.
The Huber laws in Wisconsin allow for inmates to be transferred to a facility where they are allowed to leave during the day to either seek employment or maintain their job or perform child care services. Counties with Humber programs generally all have the same basic requirements for Huber release, which include:
- You must have a residence in the county
- You must have employment
- You must not have been convicted of any violent offense either now or in the past
Keep in mind that Huber is a privilege you are not entitled to. Inmates are expected to comply with many rules and conditions of work release which strictly control your movements, forbid alcohol and other controlled substances, and require at least one full day spent in jail each week.
If you are caught in violation of your Huber work release, you could lose your privileges and get transferred back to the main jail. You could even be charged with an additional crime for violating those rules. Don’t count on work release to make your jail sentence easier. A smarter move is hiring a DUI defense lawyer with a proven record of getting his clients' charges greatly reduced or even dismissed.
You are only guilty if you are convicted™
Huber Programs in Dane County
Just because your county has a Huber program is no guarantee that you’ll be in it. The Huber laws in Wisconsin allow for inmates to be transferred to a facility where they are allowed to leave during the day to either seek employment, maintain their job or care for their children. However, counties with Huber programs all have the basic requirements, which include:
- You must have a residence in the county
- You must be employed
- You must not have been convicted of any violent offense now or in the past
Remember the law considers Huber a privilege, not a right which you’re entitled to. Not only do you have to meet the requirements you county’s program has to have a bed available to accept you, but they often face limited budgets and resources.
House Arrest Instead of Jail Time
The requirements for house arrest or electronic monitoring are similar to those for Huber programs. You must be a resident in the county, have employment and not have been convicted of any violent offense. This comes with very strict rules inmates must obey or they’ll be sent back to jail.
Electronic monitoring equipment can be very expensive, and different counties struggle with resource and budget issues. Even if you qualify for electronic monitoring, and the Sherriff’s department says you are eligible, there is no guarantee you will ever be released into house arrest.
Ignition Interlock Devices Are Required!
Depending on when and how you obtained your first OWI in Wisconsin, you may not have had to deal with an ignition interlock device. However, if you are convicted of an OWI 2nd offense in Wisconsin, then you will have to install a breathalyzer in your car (also called an ignition interlock device or IID). That device will be on any vehicle titled or registered in your name as well as any vehicle you operate for a minimum of 1 year. Aside from the inconvenience and embarrassement that comes with having an ignition interlock device installed in your vehicle, there is also a real financial burdern.
IIDs are not free and someone will have to pay the price. Wisconsin will charge at least $1000 for a year of service per vehicle. Having an ignition interlock device installed is not only a requirement for you to apply for an occupational license after a conviction but can also be a requiprement for you to be allowed to serve a sentence in Huber, depending on your country.
Your prohibited alcohol concentration after your second offense goes down.
The legal limit in Wisconsin is .08%; however if you have an ignition interlock device installed on your vehicle then your limit is lowered to .02% For most people, this means one drink or less. This basically puts an absolute sobriety order on your driving. One drink may be enough to put you over your legal limit.
If you go over the .02% limi, you can be charged with a criminal offense called Prohibited Alcohol Concentration as a third offense. It amounts to the same thing as being charged with drunk driving as a third offense and you are exposed to the same penalties. A quick snapshot of those penalties means if convicted you face up to one year in jail.
Experienced OWI Attorneys in Madison
Understand the details of 2nd offense DUI charges and consequences with the help of an experienced Grieve Law attorney. We know how to thoroughly investigate your unique case and help get your charges dropped or reduced.
As with all OWI charges, 2nd offense DUI consequences vary depending on the facts and circumstances of your specific case. Don’t face your DUI charges alone. Grieve Law offers free consultation and flexible payment plans so you can afford the very best Wisconsin criminal defense lawyer.
Here are the most common consequences people face with a second DUI offense:
- A ticket usually exceeding $800
- A $250 alcohol and drug assessment
- $1,500 driver safety plan
- Hundreds of dollars for an occupational license
- SR-22 high risk auto insurance (costing $95-$200/month – required by the sate for an occupational license.
- Thousands of more dollars on higher auto insurance premiums
- Higher life insurance rates
- Time off work to appear in court
- Vehicle impound fees
- Travel ban to Canada and problems traveling elsewhere.
There are huge consequences, many of them ongoing. Thousands of dollars in expenses far exceed what it would cost to retain an experienced attorney. When your job, reputation, and life are on the line you need an experienced, award-winning OWI law firm. Tom Grieve is not only recognized in the industry and among his peers, he is also recognized as a “Clients’ Choice” in legal knowledge, fierce representation, and powerful results.
The DUI Defense Attorney Wisconsin Trusts to Get DUI Charges Reduced or DISMISSED
Tom Grieve and the criminal defense lawyers of Grieve Law are the DUI defense attorneys Milwaukee and surrounding areas trust to get Wisconsin DUI charges reduced or eliminated completely.
With years of experience, including working as a prosecutor, Tom and the award-winning defense lawyers of Grieve Law have developed an unparalleled understanding of Wisconsin DUI law. Fee to Plea™ lawyers talk their clients into fast and easy plea deals, but the aggressive attorneys of Grieve Law steadfastly defend the rights of their clients.