First-Time OWI In Wisconsin: Steps To Take After An Arrest

Being arrested for a first-time OWI (Operating While Under the Influence) in Wisconsin can be an overwhelming experience. The legal and administrative processes that follow can be complex and intimidating. Understanding the steps you need to take after an OWI arrest can help you navigate the situation more effectively. Here’s what to expect and how to handle a first-time OWI arrest in Wisconsin.

Understanding The OWI Charge

In Wisconsin, a first-time OWI is typically considered a civil offense rather than a criminal one. However, the consequences can still be significant. A OWI charge can arise from being found with a blood alcohol concentration (BAC) of 0.08% or higher, or if you are impaired by drugs or alcohol to a degree that you cannot safely operate a vehicle.

Immediate Steps To Take After A OWI Arrest

1. Remain Calm And Cooperative

During the arrest, it is best to remain calm and cooperate with law enforcement officers. Arguing or resisting can lead to additional charges and complicate your case.

2. Contact An Attorney

One of the first steps you should take is to contact an experienced OWI attorney. Legal representation is essential to navigate the complexities of OWI laws and to protect your rights throughout the process. An attorney can help you understand the charges against you, potential defenses, and the best course of action.

3. Understand The Administrative Penalties

After an OWI arrest, you will face administrative penalties from the Wisconsin Department of Transportation (WisDOT) in addition to any criminal penalties. The administrative penalties for a first-time OWI include:

• License Suspension: Administrative penalties include the suspension of your driver’s license. You may be eligible for an occupational license, which allows you to drive to work, school, or other essential destinations.
• Ignition Interlock Device (IID): If your BAC was 0.15% or higher, you might be required to install an IID in your vehicle.

4. Request A Hearing

You have the right to request an administrative hearing to contest the administrative license suspension. This request must be made within required timeline. The hearing provides an opportunity to challenge the evidence and potentially avoid suspension.

The Court Process

The court process can be overwhelming. There are many stages to this process which include entry of a plea, pre-trial conferences, and the potential filing of motions to address the admissibility of evidence. If a negotiated agreement cannot be reached, your case will be resolved at a trial.

Potential Penalties For First-Time OWI

The penalties for a first-time OWI conviction in Wisconsin can include:

• Fines: You may be fined between $150 and $300, plus additional court costs and surcharges.
• License Revocation: A mandatory license suspension of six to nine months.
• Alcohol Assessment: You will be required to undergo an alcohol assessment and complete any recommended treatment or education programs.
• IID: Installation of an ignition interlock device if your BAC was 0.15% or higher.
• Jail Time: Jail time is not typically imposed for a first-time OWI unless there are aggravating factors such as causing an accident or having a minor in the vehicle.

Tips For Finding Legal Representation

Finding the right attorney to handle your OWI case is critical. Here are some tips to help you choose a qualified OWI lawyer:

• Experience: Look for an attorney with extensive experience in handling OWI cases in Wisconsin. Familiarity with local laws and court procedures is essential.
• Reputation: Check reviews and testimonials from previous clients. A lawyer with a strong reputation for successfully defending OWI cases is preferable.
• Fees: Understand the attorney’s fee structure and ensure it fits within your budget. Some lawyers charge a flat fee, while others bill hourly.

Conclusion

A first-time OWI arrest in Wisconsin is a serious matter that requires prompt and informed action. By understanding the legal process, potential penalties, and the importance of securing experienced legal representation, you can better navigate the challenges ahead. Bosshard Parke is here to assist you if you face legal challenges after an OWI arrest. Our experienced attorneys can provide you with the guidance and representation needed to ensure your rights are protected and help you achieve the best possible outcome.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. For personalized guidance on OWI charges or other legal matters, please consult with a qualified attorney at Bosshard Parke.