It is not uncommon for a charge of operating while intoxicated (OWI) to be a person’s first run-in with the law. While a first offense OWI charge is not a criminal offense in the state of Wisconsin, it is still a serious matter and can expose a person to a number of harsh consequences.
If you have been arrested for a first-time OWI, it is important you retain the services of a knowledgeable Milwaukee OWI lawyer from the Law Offices of Christopher J. Cherella as soon as possible to increase your chances of securing a desirable outcome for your situation.
Countless clients have trusted our firm for the following reasons:
- More than 1,000 criminal cases successfully handled
- Avvo Client’s Choice Award winner
- Invaluable experience as a former prosecutor
- Powerful courtroom presence
Contact our office today at (414) 347-9334 to get started towards building your defense.
What Is an OWI in Wisconsin?
An OWI, or Operating While Intoxicated, refers to driving a vehicle while impaired by alcohol or drugs in Wisconsin. The legal limit is a blood alcohol concentration (BAC) of 0.08% for adults over 21, with lower thresholds for commercial drivers or those under 21 (zero tolerance). OWI charges often arise from failed field sobriety tests, breathalyzer results, or officer observations of erratic driving, even without an accident.
Wisconsin OWI Laws Explained
In Wisconsin, an OWI is primarily governed by Wis. Stat. § 346.63. Understanding how the state classifies these offenses is critical to your defense, as the rules here differ significantly from almost every other state in the U.S.
Under most circumstances, a first-offense OWI in Wisconsin is a civil forfeiture, not a criminal act. This means you will not face a criminal record or jail time for a standard first offense. However, do not mistake "civil" for "minor."
A conviction still carries severe administrative penalties, including mandatory license revocation and a permanent entry on your driving record that can be seen by employers and insurers nationwide.
When a First Offense Becomes a Crime
While generally civil, certain "aggravating factors" can immediately escalate a first-offense OWI to a criminal charge under Wisconsin law:
- Minor Passengers (Wis. Stat. § 346.65(2)(f)): If a child under the age of 16 was in the vehicle at the time of the offense, the charge is elevated to a criminal misdemeanor. Penalties, including fines and revocation periods, are doubled, and jail time becomes mandatory.
- Injury (Wis. Stat. § 346.63(2)): If the OWI involves an accident that causes "injury" or "great bodily harm" to another person, you can face criminal misdemeanor or felony charges, regardless of your prior record.
The "Lifetime" Rule
Wisconsin OWI laws emphasize rehabilitation over incarceration for first-time offenders, often requiring a mandatory Alcohol and Other Drug Abuse (AODA) assessment. However, Wisconsin follows a "lifetime look-back" policy. This means a first-offense civil violation remains on your record forever and will be used to escalate any future OWI to a criminal misdemeanor or felony.
What Happens When You Get an OWI for the First-Time?
Even though a first-time OWI is not considered a crime, it can still bring a number of serious consequences that can follow you around for the rest of your life. Wisconsin is the only state in the nation that does not treat a first drunk driving offense as a crime.
If convicted of a standard first-offense OWI, you may face mandatory penalties, including:
- Fines: These range from $150 to $300, but the $435 OWI surcharge and other court costs often push the total over $1,000.
- License Revocation: Your driving privileges will be revoked for 6 to 9 months.
- Ignition Interlock Device (IID): If your BAC was 0.15% or higher, or if you refused a chemical test, a mandatory IID is required in every vehicle you own or operate for one year.
- Demerit Points: An automatic 6 points will be added to your driving record.
- Mandatory Evaluation: You must complete an AODA assessment and follow a customized Driver Safety Plan (DSP).
The Milwaukee OWI Timeline
Beyond the initial penalties, your license may be suspended or revoked entirely. Your OWI charge starts a critical 10-day window to request an administrative hearing; failure to act results in an automatic license suspension.
If your license is revoked, you must typically wait 30 days before you are eligible for an occupational license, which requires a $200 reinstatement fee and an SR-22 "high-risk" insurance filing maintained for three years.
Because Wisconsin is the only state to treat a first offense as a civil violation, out-of-state employers and nationwide companies often misinterpret the conviction as a criminal record, potentially causing irreparable damage to your professional reputation and travel privileges.
What Should You Do After a First Offense OWI?
Facing a first offense OWI Wisconsin? Act quickly and strategically to protect your license and record. Here's a clear step-by-step plan:
- Request a DMV hearing within 10 days: File immediately after receiving the Notice of Intent to Revoke to challenge the administrative suspension before it starts.
- Avoid discussing details: Don't give statements to police, prosecutors, or insurers; say nothing beyond basic identification until you have a lawyer.
- Gather evidence right away: Collect dashcam footage, witness contacts, photos of the scene, and any medical records if applicable.
- Hire a Milwaukee OWI lawyer: Get experienced counsel to handle AODA assessment, court dates, and plea negotiations for reduction or dismissal.
- Apply for occupational license: After 30 days revocation, submit for a restricted license (may need SR-22/IID) to keep driving for work/essentials.
- Complete requirements early: Start AODA assessment and Driver Safety Plan promptly to speed up full reinstatement.
Early action preserves your privileges and strengthens your defense, contact the Law Offices of Christopher J. Cherella today to protect your criminal record and driving privileges.
Should I Hire a Lawyer for a First OWI?
Yes. Attempting to handle a first offense OWI in Wisconsin alone often leads to full license revocation and no reductions. A Milwaukee OWI lawyer can challenge evidence like breath tests and field sobriety tests, request DMV hearings, and negotiate pleas to lesser charges like reckless driving to avoid OWI on record.
Our Defense Strategy For Your 1st OWI Case
At the Law Offices of Christopher J. Cherella, we know a successful defense often begins with exposing flaws in the state’s case. We can meticulously review every detail of your arrest to identify opportunities for a reduction or dismissal, including:
- Probable Cause Challenges: Did the officer have a legal reason to pull you over? If the initial stop was unjustified, any evidence gathered afterward including BAC results may be suppressed.
- Field Sobriety Test Validity: These tests are highly subjective and often administered incorrectly. We scrutinize officer training and environmental factors that may have unfairly impacted your performance.
- Blood & Breath Test Accuracy: We investigate the calibration records of breathalyzer machines and the "chain of custody" for blood samples. If the equipment was faulty or the sample was mishandled, the results may be inadmissible.
- Constitutional Violations: We ensure your rights were respected from the moment of the stop through the booking process, filing motions to suppress whenever law enforcement oversteps.
Even in cases where the evidence seems strong, our firm’s reputation spans over 1,000 successful cases, which allows us to negotiate from a position of strength. It is often possible to have an OWI dropped entirely or reduced to a non-alcohol-related charge, such as reckless driving or disorderly conduct.
Protect Your Future – Call (414) 347-9334
If you are facing OWI charges, your future and reputation may be in jeopardy. At the Law Offices of Christopher J. Cherella, our skilled Milwaukee criminal defense lawyer, can examine the circumstances of your situation and advocate for a reduction or dismissal of your charges on your behalf.
Depending on your specific situation, we may also be able to use our vast legal knowledge to help you apply for a hardship license and maintain your driving privileges. Nobody should have to face the consequences of an OWI alone. With 20 years of experience and insight as a former prosecutor, the Law Offices of Christopher J. Cherella employs a multi-layered defense strategy designed to protect your record and your future. Let us put our skills to work for you so you can face your future with peace of mind.
Request a free consultation today to review your legal options with a skilled attorney from our firm.
