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Wisconsin DUI Law Changes 2017

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New 2017 DUI Laws in Wisconsin Explained by Milwaukee Lawyers Specializing in DUI Cases

If you’re driving in this state, it’s best to know Wisconsin DUI laws. The legal limit in Wisconsin, since 2003, when we became the 43rd state to adopt this lower limit, 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 a DUI under 21 which has its own set of penalties.

If you’ve been arrested for a DUI in Milwaukee, call Grieve Law immediately. The sooner we go over the specifics of your case the faster we can produce a case-winning defense. Our Milwaukee DUI lawyers have a wide-reaching reputation for getting DUI charges dropped or significantly reduced!

DUI Chemical Tests: Wisconsin is Now an Implied Consent State

In 2008, Wisconsin became an implied consent state. This means driving is Wisconsin is enough to make compliance with officer requests for DUI chemical tests mandatory.

Refusing to submit to a chemical test when pulled over under the suspicion of an OWI or DUI means an automatic one-year license suspension. The courts generally believe the only reason someone would not submit to a chemical test is because they’re guilty. This is not always true. Some people don’t submit to the tests simply because they feel as though it’s a violation of their privacy. Officers are required to inform you of your rights before asking you to submit to any chemical tests.

Refusing a Breathalyzer

Breathalyzer tests are often used during a suspected DUI. These are only preliminary tests, and cannot be used as admissible evidence in court. You can refuse a breathalyzer with no legal penalties.

DUI Penalties in Wisconsin

Wisconsin in the only state in the nation where a 1st DUI is not labeled as a crime, but rather a traffic offense. Comparatively, a 1st DUI is taken rather lightly. Penalties for a 1st DUI in Milwaukee or anywhere in Wisconsin typically includes a $100-$500 fine and 6-9 months with your license revoked. However, you can apply for an occupational license immediately. In Wisconsin, a 2nd DUI or higher is considered a crime, and include additional penalties including increased fines and jail time.

If you are arrested for a DUI in Milwaukee or anywhere in Wisconsin and had a BAC higher than 0.15, penalties usually double, and ignition interlock devices (IIDs) are automatically applied to your vehicle. IIDs are installed at the expense of the person charged with a DUI and not the State.

Vehicular Manslaughter DUIs & DUIs Causing an Accident

In Wisconsin, vehicular manslaughter DUIs or DUIs causing an accident are considerably worse offenses than simply getting a DUI. Penalties for a vehicular manslaughter DUI or a DUI causing an accident may include:

  • Loss of your license for up to 5 years
  • Up to 25 years in jail
  • $100,000 fine and $365 OWI surcharge
  • Mandatory installation of ignition interlock device
  • Prior offenses can result in up to 40 years in jail

*In Wisconsin, all DUI penalties double if, at the time of the DUI, there was a passenger in the vehicle who was pregnant or under 16.

Contact the Milwaukee lawyers who experienced in DUIs right now to schedule a FREE case review and get the best chance at having your DUI charges dropped or significantly reduced!


2nd Offense OWI

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