|
|
What are the penalties
for a drunk driving conviction in Wisconsin?
There are many
intricacies to Wisconsin’s drunk driving penalty structure.
So, in any particular case, you should contact a qualified
defense attorney to advise you of the possible penalties in
your case. Also, the penalties for drunk driving regularly
change. The information provided below sets forth a basic
outline of the drunk driving penalty structure from the
1997-98 edition of the Wisconsin Statutes for individuals 21
years of age or older.
First Offense
•
Forfeiture of $150-300, plus costs and assessments
• 6-9 month
license suspension
• Mandatory
alcohol assessment/driver safety plan
• Six points
assessed against driver’s license
• Major
traffic offense counted against driver’s license
• Court may
order restitution
Second Offense
•
Forfeiture of $300-$1,000, plus costs and assessments
•
Imprisonment for not less than 5 days nor more than 6 months
• 12-18 month
license revocation
• 60-day
waiting period to obtain occupational license
• Mandatory
alcohol assessment/driver safety plan
• Six points
assessed against driver’s license
• Major
traffic offense counted against license
•
Court may order restitution
Third Offense
•
Forfeiture of $600-$2,000, plus costs and assessments
•
Imprisonment for not less than 30 days nor more than 1 year
• 24-36 month
license revocation
• 90-day
waiting period to obtain occupational license
• Mandatory
alcohol assessment/driver safety plan
• Six points
assessed against driver’s license
• Major
traffic offense counted against license
• Seizure and
forfeiture of vehicle or ignition interlock device
• Court may
order restitution
Fourth Offense
•
Forfeiture of $600-$2,000, plus costs and assessments
•
Imprisonment for not less than 60 days nor more than 1 year
•
24-36 month license revocation (5 years for those defined as
habitual
traffic offender with a 2 year wait for occupational
license)
•
90-day waiting period to obtain occupational license
•
Mandatory alcohol assessment/driver safety plan
• Six
points assessed against driver’s license
•
Major traffic offense counted against license
•
Mandatory seizure and forfeiture of vehicle
Fifth Offense (or greater)
•
Forfeiture of $600-$2,000, plus costs and assessments
•
Imprisonment for not less than 6 months nor more than 5
years
•
24-36 month license revocation (5 years for habitual traffic
offender
with a 2 year wait for occupational license)
•
90-day waiting period to obtain occupational license
•
Mandatory alcohol assessment/driver safety plan
•
Mandatory seizure and forfeiture of vehicle
• Six
points assessed against driver’s license
•
Major traffic offense counted against license
Do I have to have a blood/breath alcohol content of .10%
or more to be
charged with drunk driving?
No. In Wisconsin,
what most people call "drunk driving" actually
consists of two separate charges, operating while
intoxicated (OWI) and
operating with a prohibited alcohol concentration (PAC). To
be
convicted of OWI, the prosecutor must prove that you
operated a motor
vehicle on a public highway or other prohibited place while
"under the
influence" of alcohol, drugs or both. A driver is considered
"under the
influence" when his or her ability to operate a vehicle is
"impaired"
by alcohol, drugs, or both. Impairment, however, does not
necessarily
depend on a BAC of .10% or greater. For example, someone who
has a
relatively low tolerance for alcohol may suffer impairment
with a BAC
of .08%.
It is important to remember that the question of
impairment depends
to a large extent on opinion evidence. The police officer
may hold the
opinion that your speech is slurred or that your balance is
unsteady.
And, based on this opinion, the officer may conclude that
you
are "impaired." You or another witness may hold the opinion
that your
speech is not slurred, nor your balance unsteady. Remember,
the police
officer’s opinion is just that, an opinion. The jury makes
the final
decision about whether there is enough evidence to conclude
that you
were impaired.
The second "drunk driving" offense in Wisconsin,
operating with a
prohibited alcohol concentration (PAC), depends entirely on
the amount
of alcohol in your system at the time you operated a motor
vehicle on a
public highway or other prohibited place. If you have one or
no prior
convictions, suspensions or revocations the prohibited
alcohol
concentration equals .10% or more. If you have 2 or more
prior
convictions, suspensions or revocations, the prohibited
alcohol
concentration is reduced to .08% or more.
Most police departments test your alcohol content by a
breath or
blood test. These tests, however, are not perfect. Machines
malfunction, officers sometimes fail to correctly administer
the test,
and external factors may skew the test results. Also, the
alcohol tests
only claim to measure your breath or blood alcohol
concentration at the
time of the test. But, alcohol in your system is always
changing. The
alcohol concentration in your system at the time of the test
is not
necessarily the same as it was at the time you were driving.
You cannot
be convicted of a PAC offense unless the prosecutor can
prove that you
had a prohibited alcohol concentration at the time you
operated a motor
vehicle in a prohibited place.
Do I need to "drive" a moving vehicle to be charged with
drunk driving?
No. Wisconsin law
prohibits "operating" a motor vehicle while
intoxicated or with a prohibited alcohol concentration.
"Operate"
generally means to manipulate any of the controls necessary
to put the
vehicle in motion. So, turning the key in the ignition, even
if the car
does not move, amounts to operation under Wisconsin’s drunk
driving
law. However, the question of operation gets tricky,
especially if a
witness did not observe the vehicle in motion or observe you
manipulate
the vehicle’s controls. If you have any question about
whether your
conduct amounts to "operation" as defined by the law,
contact one of
the lawyers at Ruth Law Office.
Can I get charged with drunk driving in a parking lot?
Yes, however, only
in certain parking lots. If you were stopped for
drunk driving in any area other than on a public road, you
should
contact one of our attorneys to review your situation to
determine if
you were stopped in a prohibited area.
Can the police stop my car for any reason?
No. In most cases,
to stop your car, the police either need a
warrant, or they must have a reasonable suspicion that you
committed or
are in the process of committing a criminal or traffic
offense. And, in
most cases, if they don’t have a warrant or reasonable
suspicion, any
evidence that was obtained as a result of the illegal stop
cannot be
used against you. So, even if you were operating under the
influence,
if the stop of your vehicle was illegal, your case may be
dismissed.
Since every case depends on unique facts, it is
impractical to list
all of the possible reasons why the stop of a vehicle may be
illegal.
However, if you were charged with drunk driving after the
police
stopped your vehicle, you should contact one of our
experienced drunk-
driving defense attorneys to investigate your specific
situation.
Can the police require a breath or blood test for any
reason?
No. Under the
implied consent law, to demand a breath or blood
test, a police officer must have probable cause to believe
that you
violated one or more driving related offenses and must have
arrested
you for that offense. In some cases, the police may also
force a breath
or blood test if they have probable cause to believe that
there is
evidence of a crime in your blood or breath. However, the
area of
compelling breath or blood tests is complicated and fact
specific. If
you submitted to a breath or blood test, or refused to do
so, you
should contact one of our lawyers to discuss your specific
situation.
If I was previously convicted of drunk driving, will a
new offense for
drunk driving count as a second offense?
Not necessarily.
Beginning January 1, 1999, a second offense is
generally defined as any offense that occurs within 10 years
of a
previous offense. The 10 years is calculated from the date
that the
offenses occurred, not the dates of conviction. No offense
that
occurred before January 1, 1988 counts as a prior offense.
However, a drunk driving offense only counts as a prior
offense
under Wisconsin law if the statute under which you were
previously
convicted is in strict conformity with sec. 346.63(2) of the
Wisconsin
Statutes. You should have a qualified attorney review any
prior
offenses carefully to determine if they are in strict
conformity with
sec 346.63(2). This is especially important if your prior
offense(s)
occurred in another state.
Additionally, unconstitutionally obtained convictions do
not count
as prior drunk driving offenses. So, before you accept a
previous OWI
conviction as a prior offense, you should have the specific
facts of
the previous conviction review by one of our attorneys. |
|
|
