11. November 2013 · Comments Off · Categories: Dwi · Tags: , ,

Wisconsin Dui Laws

My son who lives in Wisconsin was initially stopped for running a stop sign. Apparently when he rolled down his window the officer smelled marijuana which he did smoke a few hours earlier and searched his car finding drug paraphenalia. He was arrested and a blood test was taken. What kind of penalties or fines might he be facing? I should mention he received something in the mail stating the result of the drug test came back as undetectable. He is not sure if that referred to alcohol or drugs

Answer by $ $ moneyindabank$ $
A person is guilty of DUI in Wisconsin if a motor vehicle operator is under the influence of an intoxicant to the degree that he or she is incapable of driving safely; OR a person drives or operates a motor vehicle with a detectable amount of a restricted controlled substance in their blood.

Wisconsin DUI law prohibits any controlled substance other than THC and associated inert metabolites. However, Wisconsin does test for Delta-9- THC, an active ingredient in cannabis which passes through the body much faster than do other inert metabolites of cannabis.

Any person who operates a motor vehicle in Wisconsin is deemed to have given non-expressed consent to one or more tests of their breath, blood, or urine for the purposes of determining the presence or quantity of alcohol or drugs in the operator’s body. Id. § 343.605(2).
Prior to arrest, an officer may request a breath sample for preliminary screening. The result can be used deciding whether a person should be arrested for DUI. The results are not admissible in any legal proceeding – except to show probable cause for the arrest, or to prove that the officer properly requested a chemical test. The general penalty provisions for refusal of chemical test do not apply to a refusal to take a preliminary breath screening test. Id. § 343.303.


First offense Misdemeanor –fine of not less than $ 150, nor more than $ 300. Id. § 346.65(2)(am)(1).

While most states utilize the terms DWI (driving while intoxicated) or DUI (driving under the influence), Wisconsin law uses the term OWI (operating while intoxicated). The laws are fundamentally identical as in other US states, ours just prefers a diverse terminology.

Wisconsin law splits its OWI penalties into 3 different types depending on the person being charged. The most severe penalties are faced by underage drivers and commercial drivers, comparing to the normal adult driving under the influence. Also, first time OWI offense lead to SR22 insurance.

Below are listed these three various penalties categories in more details.

General OWI Penalties

For a first time OWI offense (driving with blood alcohol content above .08), the fee is a fine between $ 150 and $ 300 and a 6 to nine month suspension of the driver’s license. But that doesn’t mean you can not drive your car. You are immediately qualified for an occupational license, which mean that you can drive only to purely necessary locations, such as school or work.

After your first OWI conviction be very mindful, because after every one the penalties become harsher. If a one is caught with a second OWI offense, their are about to get their auto immobilized or equipped with a IID (Ignition Interlock Device), which won’t let the human being to drive if he or she has no passed a breathalyzer test. The most severe penalties could be find after a man or woman reaches his or her fifth OWI offense: a $ 10,000 fine, up to a year in prison, revocation of their license for up 3 years, seizure of their car, and a wait period of up to a year before they can ask for an occupational license.

The penalties for leading to injury while operating drunk rely on severity. A person might be charged of leading to injury while OWI, causing great bodily harm by OWI, or murder by OWI. If you are are caused a injury the penalties are pretty severe – up to two years driving license suspencion, fine for more that $ 25 000 or a year within prison. Respectively, greater the injuries, harsher the penalties. A person convicted of murder while driving drunk faces up to 25 years in prison – or 40 years, if he or she has a earlier OWI conviction.

Underage OWI Penalties

Wisconsin honors a “not a drop” law, making it illegal for a person under 21 to drive with after having any amount of alcohol at all. The first conviction under this law can mean a $ 200 fine and a suspension of license for up to 3 months, also the person can request an occupational license immediately.

OWI Penalties – Commercial Drivers

Commercial motorists are held to tight requirements when operating security is involved. Professional drivers are offensing the state rules if they are driving within 4 hours of taking in alcohol, carrying any alcohol while driving or if they drive with any concentration of alcohol (0.0 to 0.4%) The punishment for these offenses is relatively minor, although, resulting in a $ 10 fine and loss of license for 24 hours. Again, penalties become much nastier depending on the BAC or severity of injuries caused.

Wisconsin clearly takes drunk driving pretty seriously.

To find more information and choose the perfect policy compare insurance quotes online

2 DUI (2nd is a criminal misd.)
2 Operating after revocation (both are criminal traffic)
Both will be 8 years old ago at the time of Graduation.

Answer by wartz
Which Wisconsin Bar is the one with the criminal record?

Answer by guerrero82
you should talk to some high priced attorneys in milwaukee, they’ll give you a better assessment of how the wisconsin bar works….

Answer by Myles D
It’ll be tough due to the strict ethics requirments for lawyers in any state. They are vehicle infractions and a couple of years ago probably could do it, but DUI’s have a far more negative connotation today..it’ll be tough

My friend had 2 DUI’s in the state of Wisconsin. Just recently she was arrest in california. Would that be her 3rd DUI, or is it only her 1st since its the first one in the state of California?

Also, Does the court system go by the arrest/filing date or the date of conviction?

Answer by scott b
Forty-eight states belong either to an agreement called the “Driver’s License Compact” or the “Non-Resident Violator Compact.” When you get a ticket in one of these states, the department of motor vehicles will relay the information to your state — and the violation will affect your driving record as if the ticket had been given at home.

Now, the possible good news for your friend??? The two states are Michigan and Wisconsin.

But, if your friend has THREE DUIs, then this is someone that’s not responsible enough to be out on the road, and should have her license revoked.. Instead of worrying about legal penalties, she should be worried about the potential to KILL someone.

Answer by Caoedhen
Yes, that would be the 3rd. Unless California is even more screwed up than I though… which is entirely possible.

Arrest and filing do not mean you have a DWI on your record, the conviction does. For time statutes (3 in 10 years or similar) it is conviction date.

Answer by John S
It depends. The convictions can be used as prior convictions in California despite being from out of state, but only if the conviction was for conduct which would be an offense in California, Many states prohibit just being behind the wheel while intoxicated, or being in a running vehicle. California DUI law requires that the car be moving. So if that is not a requirement in WI, the two convictions may not be priors.

California law goes by the date the offense was committed, not the date of conviction, and that actually does not have to be before the commission of the current offense. (In other words, DUI on 2/2, conviction on 2/15; a DUI on 1/1, but conviction on 3/1, is a SECOND DUI, even though committed before.)

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