Top Milwaukee DUI Attorneys 2024 – Forbes Advice

Understanding the DUI legislation in Wisconsin is essential, especially if you have been accused of such an offence. Knowledge about these laws can assist you in assuring that you meet deadlines as well as better comprehend the course of action your lawyer could take. Here is a succinct overview of Wisconsin’s DUI laws.

In Wisconsin, the lawful limit for Blood Alcohol Concentration (BAC) while driving is 0.08 for adults over 21 years of age. An over limit BAC results in an Operating While Intoxicated (OWI) charge. However, for drivers who are underage, even a slight indication of alcohol in their systems can lead to criminal charges.

Regardless of BAC, a person can incur an OWI charge if caught operating a vehicle while under the influence of any intoxicant, controlled substance, or any drug. Those with three or more previous OWI convictions are prohibited from driving with a BAC above 0.02 within the state.

Under the implied consent law in Wisconsin, any driver on the state’s public highways is deemed to have given their consent to a blood, breath, or urine test for the detection of alcohol and drugs at law enforcement’s request. Refusing to take these tests comes with additional penalties, including the suspension of your driving license.

The penalties for OWI depend on various factors. For instance, the first offence may result in a fine ranging from $150 to $300 plus an OWI surcharge and license revocation for six to nine months. The penalties become progressively harsher for each repeat offence and can stretch to fines of up to $50,000, jail terms of up to fifteen years and license revocation for two to three years for a tenth or subsequent offence.

Other aspects that could increase the penalty severity include having a minor in the vehicle while driving intoxicated, driving with a BAC of 0.17 or higher, causing harm or committing homicide while driving under the influence or refusing to undergo chemical testing to determine BAC.

Post a DUI arrest, the police officer may request a sample of your blood, breath, or urine for a chemical test to determine your BAC. On receiving test results, you will get a Notice of Intent to Suspend at the traffic stop or via mail. This notice will inform you of impending suspension of your driving privilege 30 days from receipt of the notice. If you refuse the chemical test, a search warrant may be issued for sample collection, and a Notice of Intent to Revoke will be sent to you. This revokes your driving privileges 30 days from receipt. You can contest the revocation by sending a written request directly to the court within 10 days.

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