First Offense OWI/PAC in Wisconsin

Wisconsin Statutes refers to driving while impaired by a substance as Operating While Intoxicated (OWI) or Operating with a Prohibited Alcohol Concentration (PAC) if the Blood Alcohol Concentration (BAC) is above the legal limits. Per § 346.63 of the Wisconsin Statutes, a person commits a civil offense if they operate a vehicle within the state while under the Influence of alcohol, drugs, or other intoxicants (OWI), having BAC of 0.08% or higher (PAC), or with a detectable amount of restricted controlled substances in their system.

Nonetheless, having a Wisconsin OWI may elevate to a misdemeanor with the presence of aggravating factors, such as a passenger under 16 years in the vehicle or the OWI results in injuries.

Notwithstanding its civil status, a first OWI or PAC offense in Wisconsin may have significant personal, legal, and financial implications, including license revocation, fines, and potential jail time (if aggravating factors exist).

What Qualifies as a First OWI/PAC in Wisconsin?

An OWI violation is a first if the offender has no conviction within the previous 10 years. Wisconsin has zero tolerance for individuals under 21 years old. For this age group, any detectable amount of alcohol or controlled substance in their system while driving is an OWI violation.

Law enforcement officers in Wisconsin determine impairment by a combination of observation for telltale signs of intoxication and Field Sobriety Tests, such as the Horizontal Gaze Nystagmus (HGN), one-leg stand, and walk-and-turn. They conduct breathalyzer, urine, or blood tests to confirm impairment.

Blood Alcohol Concentration (BAC) describes the alcohol percentage in 100 milliliters of blood or 210 liters of breath. In Wisconsin, an individual commits a first OWI/PAC offense by operating a vehicle with a BAC of 0.08% or higher (or 0.04% for commercial drivers), or being impaired by an intoxicant, a drug, or any substance that impairs their ability to operate a vehicle safely.

Possible Penalties for a First Offense OWI/PAC in Wisconsin

In Wisconsin, first-time OWI/PAC violations are civil offenses unless aggravating factors are present, which may elevate them to misdemeanors. Notwithstanding their status, Wisconsin's first OWI Violations have substantial penalties, including:

• Fines ranging between $585.00 and $735.00
• Six to nine months of driver's license revocation
• Mandatory 12-month Ignition Interlock Device installation for the BAC is 0.15% or higher
• Mandatory alcohol and drug assessment and completion of any court-imposed treatment or education program
• Potential jail time if the violation results in a criminal misdemeanor due to aggravating factors, such as:
  • Presence of passengers below 16 years
  • Injuries or fatalities
  • Property damages.

Do You Lose Your License for a First OWI/PAC in Wisconsin?

A first-time OWI violation in Wisconsin results in a mandatory 6 to 9 months administrative license suspension by the Wisconsin Department of Transportation WisDOT). Additionally, refusing to take a chemical test will result in an automatic 1-year license suspension, distinct from the administrative suspension for OWI violation.

Nonetheless, a violator may request an occupational license hardship license) immediately after the revocation for failing a BAC test or observing a 30-day mandatory waiting period for refusing a chemical test. In addition, the following criteria apply to offenders requesting Occupational Licenses:

• Payment of a non-refundable $50.00 fee
• Proof of SR-22 insurance
• Mandatory installation of an IID before an Occupational License
• Maximum drive time of 12 hours per day and 60 hours per week to and from;
  • Work
  • Medical appointments and fulfilling household necessities
  • Court-ordered obligations.

What Is the Implied Consent Law in Wisconsin, and How Does It Affect First OWI/PAC Cases?

Wisconsin's Implied Consent Law mandates that individuals automatically agree to chemical testing (including blood, breath, and urine tests) during lawful arrests for OWI/PAC violations by operating vehicles within the state. Refusing to comply with this law for a first OWI offense results in an automatic one-year license suspension. In addition to the suspension, there will be a 30-day waiting period before being eligible to apply for an Occupational License. In addition, the refusal may become evidence in any potential criminal trial.

The penalties for refusing chemical tests enforce compliance, enhance public safety, and provide evidence for potential criminal trials. While these measures are strict, individuals may contest non-compliance penalties with the Wisconsin Implied Consent Law.

Is an Ignition Interlock Device Required for a First OWI/PAC Offense in Wisconsin?

Installing Ignition Interlock Devices is mandatory for certain OWI offenses in Wisconsin. The court will order the installation of an IID for a first-time OWI if:

• The offender's BAC is 0.15% or higher
• The violator refuses chemical testing at the time of arrest
• There is a passenger under the age of 16 during the violation.

Otherwise, first OWI offenses in Wisconsin do not require IIDs. The offender pays the fees for installing, maintaining, and removing IIDs.

Can a First OWI/PAC Be Dismissed or Reduced in Wisconsin?

A first OWI offense in Wisconsin is dismissible if the defense attorney may provide proof that:

• Law enforcement did not have probable cause for the traffic stop leading to the arrest
• There were errors in the administration of the associated Field Sobriety Tests
• The chemical tests were faulty
• Officers did not follow the proper procedures during the arrest.

In Wisconsin, reducing OWI offenses to lesser charges involves a plea bargain (especially if the prosecution's evidence is weak or there are procedural errors), which may result in reduced penalties.

Long-Term Consequences of a First OWI/PAC

Although a first OWI in Wisconsin is a civil infraction, it may have long-term consequences. A Wisconsin OWI violation will remain permanently on record, potentially leading to higher auto insurance premiums and hindering employment opportunities (for roles requiring a clean driving record) and professional licensing (for instance, a commercial driving license). Furthermore, a Wisconsin OWI record may affect personal standing. It may become a stigma and a source of public embarrassment.

Do You Need an OWI/PAC Attorney in Wisconsin?

While it is not legally mandatory to have an attorney for an OWI trial in Wisconsin, it is advisable to hire one. An OWI offense in Wisconsin may have significant and far-reaching consequences. For instance, beyond the standard administrative penalties, a first-time OWI in Wisconsin with a BAC of 0.15% or higher (or other aggravating factors) may result in jail time.

A skilled OWI attorney may help navigate the legal maze and aim for dismissal by questioning the legality of the arrest, adherence to legal protocols, and the accuracy of the chemical tests. Additionally, an experienced attorney may negotiate alternatives to mitigate long-term consequences.