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Driving under the influence of alcohol is referred to as Operating While Intoxicated (OWI) in Wisconsin. The charge of OWI is defined by:
· Driving a vehicle with a blood alcohol content (BAC) of 0.08% or higher
· Driving in an altered state due to alcohol, illegal drugs, prescription drugs, or other chemical intoxicants
· Driving while under the influence of a restricted control substance in the bloodstream.
“Under the influence” means that the driver’s ability to safety control the vehicle is impaired. Many drivers who consume a few drinks or take a pill might believe they are able to operate their car, but in reality, their reflexes, reaction time, and attention span are affected and damaged by the intoxicating substances.
When a driver is pulled over by a police officer on suspicion of OWI, they may be asked to take a chemical test such as a breathalyzer to test their BAC. Drivers who refuse could face penalties such as a license suspension, fines, or even jail time. This is in addition to any penalties incurred if they are convicted of an OWI.
The penalties for an OWI in Wisconsin include a fine and an OWI surcharge, a license suspension, an order to attend some type of alcohol assessment counseling session (which could result in mandatory alcohol rehabilitation or education classes), and the addition of points on the driver’s record. There is no mandatory jail time; however, drivers who are convicted of multiple OWI offenses could be sentenced to jail. The purpose of the court system is to give first time offenders the opportunity to change their behaviors while also being held accountable for their actions. For repeat offenders, the court will give harsher penalties and is less likely to be lenient.
Drivers who are facing an OWI charge are advised to seek the help of an attorney who specializes in traffic or OWI law. The consequences of an OWI conviction can have many negative repercussions for the defendant’s finances, personal life, credit history, criminal record, and employment. It is important to have legal representation to navigate the court system.
© 2012 Created by Drew Massie.
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