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West Bend Drunk Driving & OWI Lawyers

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What Constitutes an OWI in West Bend, WI?

In West Bend, Wisconsin, an OWI (Operating While Intoxicated) refers to operating a motor vehicle under the influence of alcohol, drugs, or other restricted/illegal substances that impair your ability to drive safely.

Blood Alcohol Concentration (BAC) Limits

  1. 0.08% or higher for drivers aged 21 and older.
  2. 0.04% or higher for drivers operating commercial vehicles.
  3. 0.02% or higher for drivers with three or more prior OWI convictions.
  4. Any detectable amount of a restricted controlled substance in your system (such as recreational drugs like cannabis or prescribed drugs that impair driving).

Impairment Standard

Even if your BAC is below the legal limit, you can still be charged with OWI if law enforcement determines that alcohol, drugs, or a combination of both impair your ability to operate a motor vehicle.

Refusal to Take a Chemical Test

Wisconsin’s implied consent law mandates that if you’re lawfully arrested for an OWI, you must submit to a chemical test (breath, blood, or urine). Failure to comply can lead to additional penalties, such as license revocation and the installation of an ignition interlock device.

Aggravating Factors

Certain conditions can elevate the seriousness of an OWI charge:

  • Driving with a minor under 16 years old in the vehicle.
  • Causing injury or death while operating under the influence.
  • Prior OWI convictions.

Penalties for OWI Charges in West Bend, WI

Being convicted of an OWI in West Bend has mandatory penalties. Your driver’s license will be revoked, you will owe fines, you will be required to take Alcohol and Other Drug Abuse assessments and follow through with any recommended treatment, and 6 points will be added to your license. In most cases, an OWI conviction will also have mandatory jail time and an ignition interlock device requirement. If you are charged with an OWI in Wisconsin you could be facing anything from a non-criminal citation to a significant felony offense with mandatory prison time.

1st Offense OWI

In Wisconsin, a first offense OWI conviction is a non-criminal citation. Absent a couple of exceptions, an injurious accident or a minor being present, you will not be charged with a criminal offense and cannot be sentenced to jail. However, penalties on an OWI first offense are not as simple as a normal ticket with a fine and points assigned to your license. In addition to the fine and points, your driver’s license will be revoked. To reinstate your license or get an occupational license you must complete mandatory treatment and you may be required to have an ignition interlock device installed on your vehicle.

2nd Offense OWI

If you are being charged with an OWI second offense, you are facing a criminal misdemeanor with a mandatory jail sentence, anywhere from at least 5 days up to 6 months.  To be charged with an OWI second offense your prior conviction must have been within the last 10 years, otherwise, you will be charged with a second-first offense OWI which does not result in a jail sentence.  If you have more than one OWI conviction after 1989, Wisconsin will count each offense to determine your appropriate charge.

3rd Offense OWI

An OWI third conviction is the highest misdemeanor OWI offense.  You are now facing up to 12 months in jail, longer license revocations and larger fines and other penalties.  

4th Offense OWI

Any OWI fourth or greater is a felony offense, for which you could be sentenced to prison.  An OWI 4th offense carries with it a maximum prison sentence of 6 years.  Additionally, if your previous OWI conviction was within 15 years you are facing a lifetime driver’s license revocation.  Unlike every other license revocation, you are not eligible for an occupational license and you must wait at least 10 years before applying to reinstate your license.

Additional Penalties

Beyond the incarceration, court-issued monetary costs, revocations, ignition interlock device requirements and mandatory treatment, there are many other ways an OWI conviction can impact your life:

  • You will be required to carry high-risk insurance, SR-22, for a duration determined by the Department of Transportation
  • Canada and some European Union countries will deny you entrance
  • Renting a car or landing a job that requires a clean driving record may not be possible
  • If you are a CDL holder, your CDL license may be either temporarily or permanently lost

If you fail to follow your restrictions and court orders following your conviction you could end up with additional criminal charges. Driving during a time other than what is listed on your occupational license or borrowing a car that does not have an ignition interlock device installed on it are just two examples of additional criminal charges that you can face following an OWI conviction; both are punishable by up to 12 months in jail.

1st Offense OWI

First OWI offense penalties in West Bend can include fines from $150-$350, license revocation of 6 to 9 months and a drug and alcohol abuse assessment. State-issued fines do not include court costs, possible blood draw fees, and other surcharges. A single DUI can cost you $20,000 to $30,000 throughout your lifetime in increased car insurance, penalties, and extra costs.

First offense OWI is not typically a criminal charge, though you can face criminal charges if a minor was present in your car. If the minor is 16 or younger, your penalties reflect a second offense OWI. You could face 5 days to 6 months in jail and fines up to $1,100 (not including extra fees and surcharges). Other first OWI consequences include:

  • Installation of an ignition interlock device (IID)
  • License revocation for 12-18 months
  • Travel ban to Canada

OWIs are a serious matter and can impact you for the rest of your life.

2nd Offense OWI

If you are charged with an OWI second offense, you face a criminal misdemeanor with a mandatory jail sentence of 5 days up to 6 months. To be charged with an OWI second offense, your prior conviction must have been within the last 10 years; otherwise, you will be charged with a second-first offense OWI, which does not result in a jail sentence. Wisconsin will count each offense to determine your appropriate charge. Second OWI offense penalties include but are not limited to:

  • A $250 alcohol and drug assessment & cost of recommended treatment plan
  • Hundreds of dollars for an occupational license
  • Additional fees to have your driver’s license reinstated
  • Loss of your job if you have a commercial driver’s license or a pilot’s license
  • SR22 high-risk auto insurance
  • 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

If you’ve been charged with an OWI in West Bend, contact the award-winning drunk driving attorneys at Grieve Law LLC.

How to Beat an OWI in Wisconsin

Every OWI charge comes with specific details affecting the outcome of your case. To learn how to get your drunk driving charge reduced or dismissed, you’ll need to speak to an attorney about the unique circumstances of your arrest. In general, Grieve Law uses some of the following OWI defense strategies:

  • 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 OWI charges starts by determining whether the police had a legal right to stop you. Even legal traffic stops can become illegal when their scope or duration exceeds the initial purpose.
  • Mishandled field sobriety tests:
    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. 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 your current OWI charge. 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 Wisconsin OWI charge.

How Long Does an OWI Stay on My Record?

An OWI will be on your record permanently.  Despite that the law allows for an OWI to be expunged, it is extraordinarily rare for a court in West Bend to even legitimately consider its expunction, let alone to grant it.  Even with expunction both the DMV and the Department of Justice would still have a record of your conviction, meaning a subsequent offense would not be diminished.  If you are convicted in Wisconsin, you will always have that on your record.