Under Wisconsin laws, it is illegal for a person to drive a motorized vehicle while under the influence.
A person is considered to be under the influence when the percentage of alcohol in their bloodstream exceeds the legally allowable percentage under current Wisconsin law. A person can also be arrested for an OWI - Operating While Under The Influence - if they have other substances in their bloodstream, such as prescription medications, over-the-counter drugs or illegal drugs. Lastly, a person can be arrested for an OWI in Wisconsin if they are merely impaired by any means or unable to maintain control of their vehicle. While OWI is an acronym for Operating While under the Influence, sometimes it is referred to as Operating While Intoxicated or Operating While Impaired. The key term in Wisconsin's drunk driving statute is "impaired." Impaired means that person did not have command and control over the motor vehicle being driven. See Save Your Driver's License for information about the administrative hearing or refusal hearing that must be demanded within 10 days.
If you are under the age of 21 years, and you are stopped by a police officer, you will be arrested. Wisconsin's zero tolerance law means that the law has a zero tolerance for anyone who has consumed alcohol while under the legal drink age.
The drink age in the state of Wisconsin is 21 years.
Under Wisconsin law, a person is prohibited from drinking and driving when he or she is "under the influence". "Under the influence" simply means that his or her ability to operate a motorized vehicle is impaired. Most OWI tickets are issued for alcohol, but they can also be issued for being under the influence of drugs or even prescription drugs.
A driver who is over the age of 21 years, with no prior OWI (Operating While Intoxicated) convictions, is prohibited from driving when his BAC (Blood Alcohol Concentration) level is at 0.08 or greater.
A first OWI conviction may result in fines between $150 and $300, plus a $355 surcharge. For a first OWI, the driver's license may be suspended or revoked for a period of six to nine months, although an occupational license may be available immediately. An OWI 1st offense is not a crime under Wisconsin law unless a child is in the vehicle.
As the number of OWI convictions increase, the fines increase (ranging from $600 up to $10,000 plus surcharges), the allowable jail term increases (ranging from 6 months to 6 years), and the length of time that the person's driver's license is revoked increases (6 months to permanent revocation).
For a fourth offense OWI, which is a felony in the state of Wisconsin, or if an accident or death result and one of the drivers is intoxicated, the penalties increase and can reach upwards of $100,000, with a possible jail term of 25 years.
If a driver has previously been arrested and convicted of drunk driving, then the allowable limit for a BAC (Blood Alcohol Concentration) level will be lower. For example, a person with three prior convictions is prohibited by law to operate a vehicle with a BAC of 0.02 or above.
If you have been arrested for drunk driving, call (608) 350-1004 the attorneys at Tracey Wood & Associates right away for a free no-obligation "first-impression" analysis of the case against you and how the laws of the state of Wisconsin can affect you and your future.
The 'Year and A Day Rule' is a common law principle that had existed in Wisconsin since its formation as a state, but which was overruled by the Supreme Court. According to the Year and a Day Rule, no homicide was committed unless the victim died within one year plus one day after the injury was inflicted, concluding that if the victim died more than a year and a day after the incident, it was conclusive that the injury did not cause the death. Because the rule was established in the thirteenth century when medical technology was primitive, a person who lived beyond a year could reasonably be presumed of dying of other causes, rather than the injury inflicted by the accident in question, which injury was presumed would cause death much quicker. Today, medical technology has far surpassed what even the most creative medical minds could have imagined in the thirteenth century. As a result of medical science's ability to determine the precise cause of death and our court's ability to hear expert witnesses, which also did not exist in common law, such a rule is unnecessary. Consequently, 'A Year and A Day Rule' was abolished in 2003. If you have been accused of drunk driving, the attorneys at Tracey Wood & Associates invite you to contact the firm for an initial consultation. (608) 350-1004. The attorneys will give you a brief, but professional "first-impression" analysis so that you can take the next step in your defense.
OWI DUI Attorney Tracey Wood commonly works in the following Counties: Adams, Ashland,Barron,Bayfield,Brown,Buffalo,Burnett,Calumet,Chippewa,Clark,Columbia,Crawford,Dane,Dodge,Door,Douglas,Dunn,Eau Claire,Florence,Fond du Lac,Forest, Grant,Green,Green Lake,Iowa,Iron,Jackson,Jefferson,Juneau,Kenosha,Kewaunee,La Crosse,Lafayette,Langlade,Lincoln,Manitowoc,Marathon,Marinette,Marquette,Menominee, Milwaukee,Monroe,Oconto,Oneida,Outagamie,Ozaukee,Pepin,Pierce,Polk,Portage,Price,Racine,Richland,Rock,Rusk,Sauk,Sawyer,Shawano,Sheboygan,St. Croix,Taylor,Trempealeau, Vernon,Vilas,Walworth,Washburn,Washington,Waukesha,Waupaca,Waushara,Winnebago,Wood
Please take notice that although the law firm of Tracey Wood & Associates website contains a large amount of accurate and useful legal information about drunk driving, OWI, DUI, Sex Crimes, Expungement and other serious crimes, it is not intended to be used as legal advice. Only an attorney can counsel you on your specific case. Please contact the attorney at Tracey Wood & Associates immediately should you find yourself charged with a Drunk Driving in Wisconsin, a DUI (Driving Under the Influence), OWI (Operating Under the Influence) or any other serious crime in Wisconsin at (608) 350-1004. Even if your researching drunk driving laws or sex crime laws in Wisconsin, Lawyer Tracey Wood can assist you.