In Wisconsin, it is illegal to operate a motor vehicle if you are under the influence of alcohol or any detectable amount of controlled substance. Most first offense OWI charges in Wisconsin are considered a "civil forfeiture offense," meaning it is not a criminal violation.
If you are convicted of operating a vehicle while under the influence you could:
- Lose your license
- Pay steep fines
- Have to take an Alcohol or Other Assessment (AODA)
- Install an ignition interlock device (IID) in your vehicle
Even a first offense OWI charge is not something to be taken lightly. Make sure that you protect your future by calling a Milwaukee OWI defense lawyer at the Law Offices of Christopher J. Cherella. Our attorney is a former prosecutor who understands how cases are handled from the state's perspective.
OWI Charges We Handle
At the Law Offices of Christopher J. Cherella, the firm defends clients facing a wide range of OWI and drunk driving–related charges in Milwaukee and across Wisconsin. These include:
- First offense OWI and prohibited alcohol concentration (PAC) charges
- Second and third offense OWI with prior convictions in or out of Wisconsin
- 4th offense or greater OWI, including felony drunk driving cases
- OWI with a minor passenger under 16 in the vehicle
- High-BAC OWI cases and PAC enhancements
- OWI causing injury or great bodily harm
- Refusal to submit to chemical testing and related license issues
No matter how minor or serious your OWI case appears, an experienced OWI lawyer in Wisconsin can step in quickly to protect your rights, your license, and your record.
Wisconsin OWI Penalties
Wisconsin OWI penalties increase with every conviction, especially if your Blood Alcohol Concentration (BAC) is high, if there is a minor in the car, or if someone is injured. Here is a general overview for standard OWI (no injury, no minor, typical BAC range):
- 1st offense (civil forfeiture): Forfeiture of about $150–$300 plus costs, driver’s license revocation for 6–9 months, potential IID if BAC is 0.15 or higher, and AODA assessment.
- 2nd offense (criminal): Fine of about $350–$1,100 plus costs, 5 days to 6 months in jail, license revocation of 12–18 months, and mandatory IID, with penalties enhanced if there is a minor in the vehicle or a very high BAC.
- 3rd offense (criminal): Fine of about $600–$2,000 plus costs, 45 days to 1 year in jail, license revocation up to 3 years, and IID for up to 3 years.
- 4th offense and beyond: A 4th OWI is a Class H felony with fines that can reach $10,000 or more, 60 days to several years of confinement, and long-term or even lifetime license revocation in some circumstances.
Penalties are much harsher if a minor under 16 is in the vehicle, if there is great bodily harm or death, or if you have prior OWI-related convictions within the look-back periods. A Milwaukee OWI attorney can evaluate your specific offense level, BAC, and history to give you a tailored picture of your possible exposure.
OWI Defense Strategies
Despite what people may believe, many OWI cases can be won even if the evidence against you seems strong. Attorney Christopher J. Cherella takes a comprehensive approach to every case, challenging the prosecutor to prove every element of the case.
Any one of these or other factors could lead to dismissal of your OWI charge or reduction to a lesser, non-OWI traffic offense:
- Did the police have reasonable suspicion to stop you?
- Did the police have reasonable suspicion to believe that you were intoxicated?
- Did the police have probable cause to arrest you?
- Is the police report and subsequent officer testimony consistent with video and other evidence?
- Were you properly advised of your rights before submitting to a breath or blood test?
- Were you observed continuously for 20 minutes prior to submitting to the breath or blood test?
- Did you voluntarily submit to the breath or blood test?
- Did the breathalyzer machine return accurate blood alcohol results?
- Can the blood or breathalyzer results be suppressed?
- Was there an unlawful forced blood draw?
- Are there physical or biological factors that could have produced abnormally high blood alcohol results?
At the Law Offices of Christopher J. Cherella, we understand the importance of your driver's license. We also understand how the freedom to drive affects your everyday life. When you retain us to represent you, we will defend you with skill, passion, and conviction. Our priority is to keep you out of jail and to minimize the impact of your charges on your future.
What Are the OWI Laws in Wisconsin?
Wisconsin’s OWI laws are strict and set specific blood alcohol limits and penalties that become more serious with each additional offense or aggravating factor, such as having a minor in the vehicle or causing an accident. Understanding how these rules work is the first step toward protecting your rights and building a strong defense with an experienced OWI attorney in Milwaukee.
What is the BAC Limit?
According to Wisconsin OWI laws, a person with a BAC of .08% or higher is deemed to be too impaired to operate a motor vehicle. The limits are even lower for someone facing a fourth offense or greater OWI charge. Any driver in Milwaukee or throughout the state of Wisconsin with a BAC at or above the legal limit could be arrested and charged with OWI.
These limits are established by statutory laws and are strongly prosecuted in all Wisconsin counties. It is very rare for these types of charges to be amended by a prosecutor. If charged with an OWI offense, you do have certain defenses. These defenses must be explored with you by an experienced OWI attorney.
What is a Criminal OWI in Wisconsin?
In Wisconsin, a standard first offense OWI is usually a civil forfeiture, but it becomes a criminal offense if there is a passenger under 16 in the vehicle. All second and subsequent OWI offenses are criminal and come with mandatory minimum jail time upon conviction, along with fines, driver’s license revocation, and ignition interlock device (IID) requirements.
What To Do If You Get Pulled Over for an OWI
What you do during an OWI stop in Milwaukee can significantly affect your case and the defenses available later. Each situation is unique, but these general steps can help protect you:
- Stay calm and polite: Provide your license, registration, and proof of insurance, but do not argue or make sudden movements.
- Exercise your right to remain silent: You must identify yourself, but you do not have to answer questions about where you were, what you drank, or how much.
- Be cautious with field sobriety tests: These coordination tests are subjective, and you are not required to perform them; refusing may limit certain evidence but can have other consequences, so legal guidance is important.
- Understand implied consent: Wisconsin’s implied consent laws mean that refusing an official breath or blood test after arrest can trigger a separate license revocation or “refusal” case.
- Contact a Milwaukee OWI attorney immediately: Asking to speak with an OWI lawyer as soon as possible helps ensure you do not say or do something that hurts your defense.
An experienced OWI attorney in Milwaukee can walk you through the legal process, help you schedule and fight DMV hearings, and develop a defense strategy from day one.
Why Choose Our Milwaukee OWI Attorney?
At the Law Offices of Christopher J. Cherella, you work directly with an experienced OWI lawyer who understands how local prosecutors and judges handle these cases and what it takes to protect your record and your license. Our team offers:
- 30+ years’ proven legal experience
- A former prosecutor fighting for you
- Thousands of criminal cases handled successfully
- Free consultation available by phone 24/7
If you are facing an OWI charge in Milwaukee or anywhere in Wisconsin, call (414) 347-9334 or contact the firm online to speak with a Milwaukee OWI lawyer about your options.
FAQ’s About OWI Charges in Wisconsin
What is an OWI?
OWI stands for “Operating While Intoxicated,” and it covers driving or operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, or with a prohibited BAC level. Wisconsin uses OWI instead of DUI or DWI, but the concept is similar.
Is an OWI a felony?
A standard first offense OWI without aggravating factors is generally a civil offense, not a crime. OWI becomes a felony when you reach your 4th offense or higher, when there is prior homicide or great bodily harm by intoxicated use, or in certain serious injury cases.
Should I get a lawyer for an OWI?
Working with an experienced OWI attorney in Milwaukee is highly recommended, even for a first offense, because the case can affect your license, finances, insurance, and possibly your employment. A skilled OWI lawyer can challenge the stop, tests, and procedures, negotiate with prosecutors, and guide you through DMV and court hearings.
What makes a weak OWI case?
An OWI case may be weakened if there was questionable reasonable suspicion for the stop, inconsistent officer reports, improperly administered field sobriety tests, or problems with the breath or blood testing process. Medical conditions, equipment malfunctions, or gaps in the chain of custody can also undermine the prosecution’s evidence.
Can you beat an OWI without a lawyer?
Some people try to handle OWI cases alone, but the laws, sentencing guidelines, and scientific issues are complex and unforgiving. Having a Milwaukee OWI attorney drastically improves your chances of avoiding the harshest Wisconsin OWI penalties or securing a better outcome.
Can an OWI be dismissed in Wisconsin?
Yes, in some cases OWI charges can be dismissed or reduced, but this usually follows a thorough investigation, strong legal motions, or successful negotiation based on weaknesses in the state’s case. A dedicated OWI lawyer can evaluate whether suppression of evidence, procedural errors, or constitutional violations might lead to dismissal in your situation.
