Operating After Revocation (OAR) Penalties Wisconsin
New Drunk Driving Charge While on Probation for First DUI
This Waukesha client was pulled over by the police for drunk driving while he was on probation for his first DUI. The second DUI violated the conditions of his probation, meaning he would be charged with the second DUI, have his probation revoked, and incur additional penalties. He was facing jail time, long-term suspension of his license, and serious fines.
He called the DUI lawyer Waukesha trusts to get his charges and penalties reduced. Tom Grieve, our experienced drunk driving attorney, prepared a strong defense. Judges will not drop charges for a DUI while on probation, but Tom was able to ensure the jail time and fines were substantially reduced.
You are still innocent if you are arrested™
Penalties for Operating after Revocation or Suspension in Wisconsin
If you lost your license to a drunk driving conviction and were caught operating on a revoked license in Wisconsin, whether in Waukesha, Milwaukee, Walworth, Washington, or any other county, you may be facing the misdemeanor criminal charge known as operating after revocation or OAR. Penalties are defined by 343.44(1)(b)A non-criminal traffic citation for operating after revocation may apply in certain cases of OAR and is punishable by a forfeiture (fine), six points on the driver’s Wisconsin license, and the possibility of additional loss of license.
Under Wisconsin law, the penalties for operating after revocation include:
- Up to one year in jail
- $2,500 fine
- An additional six month revocation of your operating privileges
- Court costs
It is important to note you are facing up to a year in jail. Some prosecutor and judges have no problem sending you to jail on your OAR, even if you were only convicted of an OWI 1st offense prior to the OAR.
Driving without a License (1st revocation due to owi/pac)
Operating after revocation can be a confusing charge because odds are you were never arrested or informed by the officer, trooper, or sheriff’s deputy that you were going to be charged with a crime when stopped. Usually the law enforcement officer merely cuts a ticket, as they would for speeding or another common traffic offense, makes sure a properly licensed driver can take over the vehicle. The ticket will indicate a mandatory court appearance.
When the driver arrives for court, expecting to negotiate a traffic ticket to reduced points with the prosecutor, they are surprised to learn that they are now the defendant in a criminal case. If they do not show up to court, a warrant may be issued for their arrest and the process will begin when they make their next appearance before the judge or commissioner.
You Are Only Guilty If You Are Convicted®
Operating After Revocation (OAR) vs. Operating After Suspension (OAS)
Operating after revocation can be a crime but it can also be a ticket. Operating after suspension is never a crime and is always a ticket. These are radically different offenses given the possible magnitude in penalty outcomes that a driver can be facing. Operating after suspension is punishable by a forfeiture (fine), three points on a driver’s Wisconsin license, and the possibility of additional suspension of a driver’s operating privileges.
Contact our Waukesha DUI lawyer for a strong defense against drunk driving charges.