First Offense OWI

Even if it is your first OWI in Wisconsin, a drunk driving conviction will remain on your record forever and have life-changing consequences.

In Wisconsin, even though a first offense OWI/DUI is not a criminal violation, it stays on your traffic record for life. Another offense within ten years is a criminal second offense, and a third offense at any time in your life is a criminal third offense. That means it is possible to have two first offense conviction, and then be subject to a third offense charge.

The OWI/DUI lawyers at Mishlove and Stuckert, LLC can help you avoid jail, keep your license, and avoid high fines and other consequences...

OWI/DUI laws in Wisconsin are different from those of other states. In Wisconsin, an OWI (which stands for operating while intoxicated) means that during a police stop, you: 

• Had a blood alcohol concentration (BAC) level of 0.08 percent or higher
• Showed any amount of a restricted controlled substance in your blood tests
• Were intoxicated by drugs or alcohol enough that you could not drive safely

Wisconsin is one of the only states where a first offense is considered a civil, not a criminal, charge. In most other states, a first-time offense is considered a misdemeanor. Although a misdemeanor carries much more serious penalties, a civil charge can still have life-changing repercussions.

Because first offense OWI violations are considered civil, not criminal, in the state of Wisconsin, many drivers mistakenly feel that they can deal with the consequences without the help of an attorney. As long as you didn't injure another party or drive with a minor in the vehicle while intoxicated, you will not have to serve jail time. But even if you don't face jail time, you face other serious consequences that can negatively affect you for the rest of your life. Not everyone facing a first offense OWI/DUI charge in Wisconsin needs a lawyer. At Mishlove and Stuckert, LLC, we will give you a free initial consultation, and if you do not need a lawyer, we will tell you.

A conviction will remain on your record for the rest of your life. In addition to short-term consequences like license revocation, fines, and alcohol education programs, the long-term consequences can include: 

Although most standard first offenses will not be considered criminal cases, other first-time DUIs are. You may face criminal (not civil) charges if you: 

• Were driving with a minor in the vehicle
• Caused injury to another party while drunk driving 
• Contributed to the death of another party while driving under the influence

Andrew Mishlove and Lauren Stuckert have successfully achieved dismissals and reduced charges for clients whose DUI cases involved injuries, drugs, minor passengers, and vehicular homicide. We don't shy away from tough cases and our success stories demonstrate the positive results that we have achieved for clients in tough situations.

In 2016, the legislature gave judges the authority to issue warrants for forced blood draws even in first offense, civil OWI cases. While you cannot be criminally charged for refusing a test, it does carry more severe driver’s license penalties, and the police may take your blood with a warrant anyway.

It is important to note that refusals are often more difficult to fight than OWI/DUI violations. In fact, the penalties for a first offense refusal are actually more severe than those for a first offense OWI or PAC violation.

If this is your first offense OWI and you refused to submit to the chemical breath or blood test after being read the “Informing the Accused” form, law enforcement probably did not do a forced blood draw. You should have received a document titled “NOTICE OF INTENT TO REVOKE.”

You have ten days from the notice date on that document to request a Refusal Hearing before the Court. Failure to request the hearing in the appropriate time period will result in an automatic Refusal conviction and driver’s license revocation.

In 2013, the Wisconsin Supreme Court ruled that courts do not have authority to reopen these cases if a person does not make the request in the ten-day window. If a timely request is not made, you will have no recourse. If you miss the ten-day deadline or if the Court finds the Refusal to be “unreasonable,” you face a one-year revocation of your driving privileges.

For the first thirty days of that revocation, you are prohibited from driving at all. After thirty days, you may obtain an occupational work license for the remainder of the revocation. You are also subject to the one-year IID requirement and alcohol and other drug assessment. There is no fine or forfeiture penalty for a refusal violation.

In Wisconsin, if you have “failed” a breath or a blood test, you may have only 10 days to request a hearing, or you will lose your license.

After an OWI, time is of the essence. If you submitted to a chemical breath or blood test other than the on-scene hand-held breath test device, you should have received a document titled “NOTICE OF INTENT TO SUSPEND” if your breath or blood test result was 0.08 or higher.

You have 10 days from the notice date to request an administrative hearing with the Wisconsin Department of Transportation. These hearings are limited in scope, but they are the only way to attempt to avoid a pre-conviction suspension. They can also play a huge role in your OWI case strategy.

Failing to request a hearing within the first 10 days will result in an automatic six-month suspension of your driving privileges, which begins thirty days from the notice date. While requesting the hearing may not prevent a suspension, it does give you an opportunity down the road to request that the court stay your suspension—essentially putting it on pause—while the case is pending. If you drive for a living, or if you cannot afford to have any type of driving restriction on your record, it is imperative that we help you handle this hearing.

In a first offense case with a test result of .15 and above (and in all other cases), if you are convicted, you will have a two-part IID restriction.

First, you may be required to put an IID on every vehicle that you own, even if you do not drive it. Second, you will be forbidden from driving any vehicle not equipped with an IID. This includes rental cars, company vehicles, etc. There are no exceptions. Our firm has had great success fighting breath and blood tests to relieve defendants of this penalty.

Judges have the authority to exempt certain vehicles from this order (such as a car being solely driven by one’s spouse, or a vehicle that is in storage or in a non-drivable condition), but, if granted, you may not drive the exempted vehicle(s) while the IID order is in effect. A violation of an IID order may result in additional criminal charges being brought against you.