Operating a vehicle while intoxicated, or OWI as it's known in Wisconsin, is one of the most serious traffic offenses you can face. If you’re pulled over on suspicion of driving under the influence, you may be wondering what penalties you’re facing, or whether an effective legal defense is possible. Below are answers to some of the most common questions about OWI charges in Wisconsin.

Answering Common Questions About OWIs

What are the penalties for a first offense?

If you don’t have any previous convictions for alcohol-related offenses, you’ll likely be ordered to pay a fine of $150 to $300 and lose your driving privileges for up to nine months. You’ll also have to complete a one-year sobriety program approved by the court. For subsequent offenses, the penalties are more severe, including possible jail time and longer periods of suspension.

Can I refuse to take a sobriety test?

Like most other states, Wisconsin has implied consent laws that require drivers to give a blood, urine, or breath sample upon request. Refusing to comply will usually result in a suspended driver’s license, and you will probably still be charged with an OWI.

What should I do if I’m pulled over?

If you’re stopped by the police, remember that anything you say can be used against you later. It’s best to remain silent whenever possible and refuse to consent to a search if asked.

If the officers decide to place you under arrest, pay close attention to what is said, by whom, and when. Even the smallest detail can help your attorney challenge improperly collected evidence and protect your rights later.

Can I fight an OWI charge?

The prosecutors may try to make it seem like a conviction is inevitable, but the law actually provides several legal defenses against OWI charges. Your attorney may argue that the police violated your rights, or that the alcohol tests are inaccurate. Even if they recommend accepting a plea bargain, your lawyer can negotiate with prosecutors to ensure a just, fair outcome.

If you’ve been charged with an OWI in western Wisconsin, the legal team at Osborne, Tripp & Schmidt is prepared to deliver the aggressive representation you deserve. They’ll take the time to explain the law and give you a level of personal service these critical matters deserve. Visit their website for more on their array of legal services or call (608) 269-2400 to arrange your initial consultation today.