If you’re finding “America’s Dairyland” to be tough on OWI laws, you’re right. Home to the Operating While Intoxicated law, you don’t have to actually be seen driving drunk by a police officer to be arrested for a OWI. If your keys are in the ignition (even in park) this still means that you’re in “physical control of the vehicle”.
Penalties
Luckily for first offenders, you will not receive jail time because this is considered an ordinance violation, not a criminal one. Your driver’s license can be suspended for 6 months, but you will most likely be eligible for an occupation driver’s license, which only allows you to drive to and from work. You will however be ordered to pay a fine of $150 to $300. For more than one OWI/OWI conviction, you could face these penalties: vehicle impoundment, alcohol treatment classes, insurance complications, loss of employment, probation, community service, ignition interlock system and restricted travel.
BAC
You are OWI in Wisconsin with a BAC (blood alcohol content) level of .08% or higher. Three chemical tests (blood, breath and urine) are used to determine your intoxication level. Breath tests are the only chemical tests police officers are allowed to administer.
Field Sobriety Tests
The HGN (horizontal gaze nystagmus), one leg stand and the walk and turn are used by Wisconsin police to test your intoxication. The HGN tests your ability to follow an object with your eyes and the other two tests check your balance.
Administrative License Suspension
Due to Wisconsin’s Implied Consent Law, you are required to take a chemical test if requested by police. If not, your license will be revoked for 1 year and you will have a 30 day waiting period for an occupational license.
Ignition Interlock System
Installed at the defendant’s expense, this device prohibits your car from starting until you breathe into the device, alcohol-free.
Zero Tolerance
Anyone under age 21 found with a BAC level of .02% or greater is OWI and is subject to penalties similar to an adult first-time offender.
Defend Your Rights
If you find yourself in any of these situations, it is imperative that you contact a qualified Wisconsin attorney immediately. But don’t just contact any lawyer! Find one who is skilled in OWI laws.