As a defense attorney, representing clients charged with DUI or OWI (Operating While Intoxicated) offenses in Wisconsin requires a deep understanding of not only the legal and procedural aspects of these cases but also the impact of certain penalties, such as the installation of ignition interlock devices (IIDs). Ignition interlocks play a critical role in the sentencing phase of DUI cases, and it’s crucial for both defense attorneys and their clients to fully comprehend the requirements and potential consequences. Let’s take a closer look at the ignition interlock requirements in Wisconsin.

What Is an Ignition Interlock Device?

An ignition interlock device (IID) is a breathalyzer system installed in a vehicle to prevent an individual from starting the car if their blood alcohol content (BAC) exceeds a preset limit, which is .02 in Wisconsin. The device requires the driver to blow into it before starting the car, and in some cases, while driving. If an alcohol level is detected above the determined preset, the vehicle will either fail to start or prompt a rolling retest, requiring the driver to blow again during the journey.

From a defense attorney’s point of view, understanding when and why an IID is mandated is critical for advising clients about the potential consequences of a DUI conviction.

When Are Ignition Interlocks Required?

Under Wisconsin law, ignition interlocks are often a mandatory penalty for individuals convicted of DUI or OWI offenses, particularly those with higher BAC levels or repeat offenders. It is important for a defense attorney to understand the specific scenarios in which an IID will be required, as this can have significant implications for their client’s driving privileges, financial situation, and overall lifestyle.

1. First-Time Offenders with a High BAC:
   • If a first-time offender has a BAC of 0.15 or higher, an IID is mandated as part of their sentencing. This requirement generally lasts for a minimum of one year after the individual’s license is reinstated.
   • As a defense attorney, it is important to inform clients that even for a first offense, if their BAC is high, they may face the installation of an ignition interlock device, which can be both financially and logistically burdensome.
2. Repeat Offenders:
   • For individuals with prior DUI or OWI convictions, ignition interlocks are required for all subsequent offenses. In cases of repeat offenders, the court often mandates longer IID installation periods, sometimes for several years.
   • A defense attorney should be proactive in negotiating possible reductions in the period of IID installation, especially for repeat offenders who may have made efforts toward rehabilitation or who are facing significant hardships.
3. Drivers Who Refuse Chemical Testing:
   • Wisconsin imposes strict penalties for individuals who refuse to submit to chemical testing during a DUI stop. A refusal may lead to the mandatory installation of an ignition interlock device, in addition to other consequences like extended license revocations and alcohol education or treatment requirements.
   • Defense attorneys must thoroughly examine the circumstances surrounding the chemical test refusal and explore whether there are legitimate grounds for challenging the refusal in order to avoid the IID requirement.

Understanding the Duration and Cost of Ignition Interlocks

Once an ignition interlock device is installed, the duration of its use depends on the specifics of the case. For first-time offenders with a BAC above 0.15%, the duration of the order is exactly one year, no more, no less. For repeat offenders or those involved in felony DUI offenses, the installation period can extend up to several years. In common practice, for repeat offenders, the IID requirement is for the same duration as the license revocation. However, by statute, in any case the IID requirement can be as low as one year.

From a defense attorney’s standpoint, the client should be made fully aware of the financial burden posed by the installation and maintenance of the ignition interlock. The monthly costs associated with IIDs can range in a monthly average from $70 to $150 per month, which consists of both the installation and ongoing maintenance, including calibration and monitoring. However, different vendors apportion installation fees and rental fees differently.

Navigating Compliance and Violations

While an IID is installed to ensure compliance with DUI regulations, there are strict guidelines that must be followed to avoid further penalties. Clients must understand that the ignition interlock requires regular breath tests, not only before starting the vehicle but also periodically while driving. Failure to comply with these rules can result in significant consequences. In particular, tampering with an IID is a criminal offense subject to jail time, as is failing to install an IID that is operated by an individual subject to an IID order.

A defense attorney’s role is to help ensure that clients fully understand their obligations under the court’s order.

Legal Options for Challenging or Modifying IID Requirements

As a defense attorney, it is critical to look for every possible avenue to help your client avoid unnecessary or overly harsh penalties. In cases where an IID is required, there may still be room for negotiation or legal challenges:

1. Negotiating a Reduced IID Period: In some cases, especially for first-time offenders, it may be possible to negotiate with the prosecution for a reduced IID installation period or for alternative sentencing options. As mentioned above, even where the revocation period ordered by the Court may be as much as 36 months, the mandatory minimum IID period remains 12 months. And for first-time offenders with a BAC over .15, firm negotiations may result in the parties formally stipulating to a BAC of .149 or below, thereby avoiding the IID requirement altogether. In the case of particularly intransigent prosecutors unwilling to enter into such an agreement, an aggressive defense advocate can request a trial specifically on the issue of whether the client’s BAC actually was above .15 at the time of driving, versus the time of operation, due to post-operation absorption of recently consumed alcohol. The attorneys at Mays Law Office have enjoyed great success with all three approaches.
2. Challenging the IID Requirement: In certain situations, a defense attorney may be able to challenge the requirement of an IID altogether, particularly if there are valid concerns regarding the circumstances of the DUI charge or the client’s eligibility for certain exemptions.
3. Seeking Payment Assistance: Wisconsin offers a payment assistance program for those unable to afford the cost of the device. As a defense attorney, ensuring your client is aware of this program and helping them apply can significantly reduce the financial strain caused by an IID requirement.
4. Assisting with Compliance: In Wisconsin, the IID requirement applies to any vehicle owned or operated by the subject of the order. This means that in order to obtain any form of driver’s license, IIDs must be installed not only on the vehicle that the subject intends to drive, but also on any vehicle titled in his or her name. In other words, often spouses’ or children’s vehicles, company vehicles, collector vehicles in storage, or even vehicles that may have been scrapped or totaled years or even decades ago and never retitled. It can be a seemingly overwhelming situation to face, and the assistance of a skilled and experienced attorney is critical for making sure you can get back on the road with as little delay as possible.

Conclusion

In order to achieve the best possible outcome for your case, it is critical for your defense attorney to understand the specific situations in which an IID is required, the challenges it presents for clients, and strategies and techniques for mitigating or eliminating this requirement. From negotiating the duration of the IID to seeking potential vehicle exemptions or payment assistance, it is our goal at Mays Law Office to advocate for the best possible outcome for our clients, minimizing the impact of DUI penalties and helping them regain their driving privileges with as few complications as possible.

Facing a DUI charge is challenging for many reasons. Not only is the process of defending against a DUI charge challenging in itself, but the additional stress and worry you face during the process can interfere with all aspects of your daily life.

But, if you get convicted, your challenges could be far more significant. Drunk driving charges are serious, and a DUI conviction can negatively impact your life for years to come. With this in mind, if you have a DUI trial scheduled in 2025, you need to start working now to protect yourself.

Resources for Individuals Facing DUI Charges in Wisconsin

We published several resources for individuals facing DUI charges in Wisconsin over the past year. Here is a look back at some of these resources—along with some additional insights on how to protect yourself if you’ve been charged with driving under the influence:

Making an Informed Decision About Your Legal Representation

You will need to make several important decisions during your DUI case. But, one of the most important decisions you must make is also one of the first: Should you hire a lawyer to represent you?

The short answer to this question is “Yes”—and there are several reasons why. But, if you are on the fence about hiring a lawyer to represent you, we encourage you to read these articles to ensure that you are making an informed decision:

• Should I Represent Myself in My DUI Case? 10 Reasons Not to Handle Your Case Alone
• 10 Reasons to Hire a Lawyer for Your Wisconsin DUI Case

Understanding Your DUI Case and All of the Risks Involved

Two of the most important reasons to hire an experienced DUI lawyer are: (i) DUI cases are complicated, and (ii) DUI cases are extremely high-risk. Presenting an effective defense requires a clear understanding of the relevant facts and the relevant law.

Suppose you overlook essential facts or do not comprehensively understand Wisconsin’s DUI laws and the constitutional principles that protect you. In that case, you cannot assert a sound defense. To get an idea of some of the facts and laws that might be relevant to your DUI case, you can read:

• 10 Key Questions to Ask (and Answer) When Facing a DUI in Wisconsin
• Wisconsin Drunk Driving Laws: What to Know After an Arrest

Important Facts Most People Don’t Know About Facing a DUI

Another critical reason to hire an experienced lawyer is that there are many facts that most people don’t know about facing a DUI charge in Wisconsin. Did you know that prosecutors don’t need your blood alcohol concentration (BAC) to secure a conviction? Did you know that prosecutors can use many other forms of evidence to win a “Guilty” verdict in court? These are just a few of the key facts and common misconceptions we covered in 10 Facts Most People Don’t Know About Facing an OWI in Wisconsin.

Deciding How to Approach Your DUI Case

Since Wisconsin does not have a diversion program for DUI cases, you have two main options when it comes to deciding how to approach your defense: (i) you can seek a plea bargain, or (ii) you can fight your DUI charge in court.

So, which option should you choose?

Generally speaking, seeking a plea bargain is a good option for DUI defendants who do not have a viable path toward avoiding a conviction in court. If you are likely to get convicted of DUI if you go to trial, then it may make sense to plead guilty to a lesser offense or seek a reduced sentence through the plea-bargaining process. To learn more about the considerations in pursuing a plea bargain, read DUI Plea Bargain: Should You Consider a Deal in Your Wisconsin Case?

Deciding What to Do if You Need to Go to Trial

You must fight your DUI charge in court if you decide not to seek a plea bargain. While there are opportunities to seek dismissal of your DUI charge before your trial date arrives, unless and until you get your DUI charge dismissed, you will need to focus on preparing for trial.

Going to trial also involves making several important decisions. Should you request a jury trial? Should you testify? These are just two examples of key decisions you must make in close consultation with your DUI lawyer.

Seeking Dismissal of Your Wisconsin DUI Charge

Once you’ve been arrested for driving under the influence, the best-case scenario is to get your DUI charge dismissed. While this isn’t feasible in all cases, there are a variety of potential ways to seek dismissal of a DUI charge in Wisconsin. To learn about some key considerations in seeking dismissal—before or during the trial—you can read: How Do You Get a Wisconsin DUI Dismissed?

Keeping Key Evidence Out of Your DUI Case

One grounds for seeking dismissal of a DUI charge in Wisconsin is that prosecutors don’t have enough evidence to secure a conviction. If prosecutors don’t have the evidence to prove your guilt beyond a reasonable doubt, you should not have to stand trial—and you certainly do not deserve to be convicted.

With this in mind, seeking to keep the prosecution’s evidence out of court can be a key defense strategy in many cases. Along with constitutional protections that can prevent the use of all forms of evidence, each type of evidence in a DUI case can be subject to challenge on various specific grounds as well. Are you entitled to have the prosecution’s evidence against you kept out of court? Read How to Keep Key Evidence Out of Your Wisconsin DUI Case to find out.

Contact Us for a Free Wisconsin DUI Defense Consultation Today

While we encourage you to use these resources to learn about your DUI case, there is no substitute for one-on-one legal advice and representation. To discuss your case with an experienced DUI defense lawyer in Madison or Middleton, call 608-291-7609 or request a free consultation.

If you are facing a DUI charge in Wisconsin (either OWI or PAC), avoiding a conviction will involve preventing the prosecutor’s office from meeting its burden of proof. While prosecutors must prove your guilt beyond a reasonable doubt, they may be able to use several forms of evidence to do so—and facing a conviction is a genuine concern.

So, how can you prevent prosecutors from meeting their burden of proof? One option is to keep key evidence out of court. If prosecutors can’t use their evidence against you, they won’t be able to prove that you were operating while intoxicated at the time of your arrest.

5 Key Types of Evidence (and How to Keep Them Out of Your DUI Case)

With this in mind, here are five key types of evidence in Wisconsin DUI cases, as well as some of the options that are available for keeping each type out of court:

1. Breathalyzer Test Results

Prosecutors in Wisconsin have two ways to secure a DUI conviction—they can prove that either (i) the defendant was operating a vehicle while intoxicated (OWI) or (ii) the defendant had a prohibited alcohol concentration (PAC).

Police officers use the breathalyzer device to test DUI suspects’ blood alcohol concentration (BAC) on the side of the road. If your BAC is above the legal limit, you can be charged with PAC regardless of your actual level of impairment. As a result, your BAC reading is a powerful piece of evidence, and if you took the breathalyzer and blew over the legal limit, you must challenge your BAC reading by all means available.

How can you challenge your breathalyzer test result? There are several potential ways to question the accuracy and reliability of your BAC reading. The options that you have available will depend on the specific facts of your case. If the breathalyzer wasn’t correctly calibrated, if the officer didn’t properly administer the test, or if you have an alternate explanation for your high BAC, these are all issues—among others—that could provide a solid defense for your PAC charge.

2. Field Sobriety Test (FST) Results

Even if prosecutors can’t rely on your BAC, they may still be able to secure an OWI conviction by proving that you were driving while intoxicated. Your field sobriety test (FST) results could be critical evidence.

The FSTs are used to prove alcohol impairment. Each of the three tests—the one-leg stand test, the walk-and-turn test, and the horizontal gaze nystagmus test—is designed to assess the effects of alcohol consumption. If you “failed” the FSTs during your traffic stop, you can be almost sure that prosecutors will try to use this against you.

How can you challenge your FST results? While the FSTs are commonly used as evidence in OWI cases, they are notoriously unreliable. As a result, an experienced DUI defense lawyer may be able to challenge the admissibility of your FST results on various grounds.

3. Police Video Footage

Police in Wisconsin use both dash cameras and body-worn cameras to record their traffic stops and interactions with DUI suspects. If your traffic stop or arrest was caught on video—and if the footage suggests that you were driving under the influence—you can expect prosecutors to try to use this against you as well.

As expected, video footage can also be robust evidence in DUI cases. Suppose prosecutors show the judge or jury footage of you driving erratically or stumbling on the side of the road. In that case, this can weigh heavily in favor of a conviction unless you can raise issues with the footage.

How can you challenge police video footage? While video footage may not have the same reliability issues as breathalyzer and FST results, there are still various issues your lawyer may be able to raise in your defense. Is there an alternate explanation for your “erratic” driving? Did you slip or stumble because of the condition of the road? Is the prosecutor’s office only showing an (unfavorable) portion of the footage? If the footage simply indicates that you might have been drunk, this is not enough to warrant a conviction.

4. Police Officer Testimony

Police officer testimony plays a crucial role in many DUI cases. If your arresting officer is prepared to testify that you smelled of alcohol, that your eyes were bloodshot, or that you exhibited other clear signs of impairment, this could provide the prosecution with a strong case against you.

How can you challenge your arresting officer’s testimony? Here, too, there are several potential options. Is the officer really sure that you were drunk? Or is he or she making assumptions? Did the officer follow all the necessary protocols for making an arrest based on “failed” FSTs? Or is it possible that he or she skipped over the required procedures? Remember, you don’t necessarily need to prove that you are innocent. It would be best to prevent the prosecution from proving you are guilty. Raising issues that create a reasonable doubt could be enough to avoid a “Guilty” verdict at trial.

5. Your Admissions

If you admitted to drinking and driving on the side of the road, this can also provide the prosecution with a strong case against you. Prosecutors relish the opportunity to use defendants’ own words against them, and admissions will often lead to convictions (or plea deals).

How can you challenge your own admissions? One option may be to assert your constitutional rights. If the police interrogated you in custody without reading your Miranda rights, this could render your admission inadmissible in court. Another option is to raise issues with your admission itself. Even if you thought you were drunk, this doesn’t necessarily mean that you were actually “render[ed] . . . incapable of safely driving.” Wisconsin’s DUI laws are incredibly complex, and you should not let any assumptions or misunderstandings lead to an unwarranted conviction.

Discuss Your Case with a Madison DUI Defense Lawyer for Free

If you need to know more about the options for keeping key evidence out of your Wisconsin DUI case, we encourage you to contact us promptly. To request a free consultation with a Madison DUI defense lawyer at Mays Law Office, call 608-291-7609 or get in touch online now.

If you are facing a drunk driving charge in Wisconsin (either an OWI or a PAC), it is critical to ensure that you are making informed decisions about your defense. This includes making informed decisions about your legal representation. While it is expected to have concerns about the costs of hiring a lawyer, the reality is that it can be far more costly to try to handle your OWI or PAC case on your own.

For several reasons, putting an experienced OWI/PAC lawyer on your side makes financial sense. There are many other reasons to hire a professional lawyer as well. As a result, trying to handle your case on your own isn’t worth it.

Why You Need Experienced Legal Representation for Your Wisconsin OWI or PAC

Why shouldn’t you try to represent yourself in your Wisconsin OWI or PAC case?

Here are ten reasons (among many more) why you will want an experienced lawyer on your side:

1. You Are Facing Substantial Penalties

Under Wisconsin law, OWI and PAC charges both carry substantial penalties. Regardless of your blood alcohol concentration (BAC) and your prior record (if any), a conviction could lead to fines, surcharges, and loss of your driving privileges. If your BAC was 0.15% or above, or if you have a prior OWI or PAC conviction, you may also be required to install an ignition interlock device (at your expense) if you get convicted.

2. OWI and PAC Convictions Have Other Consequences As Well

Along with Wisconsin’s statutory penalties for OWI and PAC charges, convictions can also have other consequences. These include increased auto insurance premiums, loss of job opportunities, academic outcomes, professional consequences, and immigration consequences—among others. As a result, for many people, the costs of an OWI or PAC conviction far surpass the fines and surcharges they incur in court.

3. No One Else is On Your Side

If you don’t hire a lawyer, no one involved in your OWI or PAC case will be on your side. The prosecutor’s job is to convict you, and the judge’s job is to enforce the law. If the prosecutor presents evidence that warrants a conviction—and if you don’t do anything to challenge it—the judge will have no choice but to find you guilty of OWI or PAC.

4. An OWI or PAC Conviction is a Very Real Possibility

To be abundantly clear, an OWI or PAC conviction is a very real possibility regardless of the facts of your case. If you do not defend yourself successfully, you will almost certainly face the life-altering consequences of a drunk driving conviction.

5. You May Have Several Defenses, and It is Critical to Choose the Right One(s)

While a conviction is a very real risk, there are also several ways to defend against OWI and PAC charges under Wisconsin law. The key is to choose and present the right defense (or defenses) based on the facts of your case. Keep in mind that asserting one defense might not be enough. For example, even if your blood alcohol concentration (BAC) reading is unreliable, the prosecutor may still be able to use other evidence to convict you.

6. Fighting Your OWI or PAC in Court May Not Be Your Only (or Best) Option

Another important fact to remember is that fighting your OWI or PAC in court may not be your only (or best) option. For example, if prosecutors have the evidence they need to convict you, your best approach may be to seek a plea bargain that minimizes the consequences of your arrest.

7. You Need to Protect Your Right to Appeal

Protecting your right to appeal will be critical if you decide to take your drunk driving case to trial. Several issues can justify appeals—and if you get convicted, filing an appeal could be the next step. But, if you don’t protect your right to appeal during your OWI or PAC trial, you can lose it.

8. Mistakes and Assumptions Can Prove Very Costly

In addition to failing to protect your right to appeal, many other mistakes can prove very costly when you are facing an OWI or PAC charge in Wisconsin. Assumptions can prove extremely costly as well. To avoid making these mistakes and assumptions, you will need an experienced Wisconsin OWI/PAC lawyer on your side.

9. Successfully Defending Against an OWI or PAC Charge is Not Easy

If it’s not abundantly clear, successfully defending against an OWI or PAC charge in Wisconsin is not easy. Regardless of the facts of your case, if you are not extremely careful, there is an excellent chance that you will end up facing unnecessary consequences.

10. Successfully Defending Against an OWI or PAC Charge is Extremely Important

While successfully defending against an OWI or PAC charge is not easy, it is imperative. From the court-imposed penalties to the collateral consequences of having an OWI or PAC on your record, a conviction can impact your life for years to come. You owe it to yourself to avoid these consequences if possible, and, at this stage, hiring an experienced lawyer is the most cost-effective option.

Schedule a Free, No-Obligation Consultation with a Wisconsin OWI/PAC Lawyer Today

We invite you to contact us if you would like more information about hiring a lawyer to fight your OWI or PAC charge in Wisconsin. Call 608-291-7609 or contact us online for a free, no-obligation consultation.

The number one question asked of our attorneys in social settings is “Should I blow or not blow if stopped by the police?”  The cheap and easy response is blow if you know you will pass.  However, it’s more complicated than that in understanding your rights and the risks.

When pulled over under suspicion of operating while intoxicated (OWI) in Wisconsin, you might be faced with a crucial decision: whether or not to submit to an evidentiary chemical test of your blood, breath or urine. This decision can significantly impact your legal situation, and understanding both the legal and practical implications is essential.

Understanding the Legal Context

Wisconsin, like all states, has an Implied Consent Law. This means that by driving on public roads, you have implicitly consented to chemical testing (breath, blood, or urine) if an officer has probable cause to believe you are under the influence of alcohol, drugs or a combination thereof. Refusing to take an Implied Consent test has both immediate and long-term consequences.

Immediate Consequences of Refusing

1. Automatic License Revocation: In Wisconsin, refusing to take an Implied Consent test results in the issuance of a Notice of Intent to Revoke Operating Privilege form which law enforcement will file with the applicable court. If you fail to request a hearing to contest the refusal allegation within 10 business days, adverse judgment will be entered against you and your license will be revoked commencing 30 days from the date of notice. For a first offense, the revocation period is one year with a 30-day wait period before you would be eligible for even an occupational license. For a second offense, the revocation period is two years with a 90-day wait period before you would be eligible for an occupational license. For a third offense or greater, the revocation period is three years with a 120-day wait period before you would be eligible for an occupational license. In all cases the court will order that any vehicle owned or operated by you be equipped with an Ignition Interlock Device (IID). The court will additionally order that you complete an Alcohol and Other Drug Abuse (AODA) assessment and complete any recommended education or counselling. Failure to do so will result in a separate non-compliance revocation and render you ineligible for an occupational license. This revocation is separate from any criminal charges or penalties that may arise from the underlying OWI arrest itself.
2. Potential for a Search Warrant: If you refuse any Implied Consent test, the arresting officer may, and in most cases will, obtain a search warrant to compel a blood test. This can lead to further complications and delays, and a blood test may be more incriminating if it shows a higher blood alcohol concentration (BAC) than what might have been indicated by a breath or urine test, in the event that one of those methods was what was originally requested. More importantly, if a compelled blood draw is performed, you will potentially have incurred the penalties for refusing in vain.
3. Evidentiary Concerns and Potentially Increased Penalties: Even if a compelled blood draw is not performed, the refusal itself can be used as evidence of guilt in court. Prosecutors may argue that your refusal indicates a consciousness of guilt. In other words, a judge or jury may presume that the reason you refused an implied consent test is that you knew that it would likely be incriminating. Recent U.S. Supreme Court rulings have held that an individual has a protected constitutional right to refuse a blood draw and cannot be criminally punished for exercising such a protected right. That said, the reality is that a sentencing judge will be aware of your lack of cooperation and while no express punishment is permissible, it is likely to influence his or her sentencing decision. And there is no such prohibition on increased penalties if a breath or urine test is originally requested.
4. Long-Term Considerations
   1. Impact on Legal Strategy: If you refuse an Implied Consent test, your defense attorney may have fewer options to challenge the evidence against you. For example, the burden of proof in a refusal hearing is significantly lower than the burden of proof in the underlying OWI.  This is particularly problematic in a first offense OWI, where the penalties for the refusal are more onerous than those of the underlying OWI. In other words, even if you have a winning strategy for a defense to the OWI, you may end up in a worse position if you are convicted of the refusal but avoid the OWI. On the other hand, if you agree to the test and your BAC is above the legal limit, the evidence against you is straightforward, but there might still be avenues to contest the legality of the stop, arrest or the administration of the test.
   2. Insurance and Driving Record: An OWI conviction, combined with a license revocation, can impact your driving record and insurance rates for years to come. A refusal can exacerbate these issues, leading to increased insurance premiums and potential difficulties in getting coverage.

When Might Refusal be Considered?

Refusing an Implied Consent test might be considered if you believe the test could lead to an inaccurate result, particularly if you have concerns about the test’s reliability or the potential for a false positive. Additionally, if you are aware that your BAC is significantly over the legal limit, some might argue that refusing the test could be a strategic move to avoid more compelling evidence of intoxication. However, as stated above, law enforcement will almost certainly obtain a search warrant for a compelled blood draw rendering the refusal futile. The reality is that refusing an Implied Consent test is a mistake in nearly every situation.

Consulting a Legal Professional

Given the complexities of OWI cases, consulting a DUI lawyer who specializes in Wisconsin law is crucial if you’ve been charged with a refusal and underlying OWI. Here at Mays Law Office, LLC, our experienced drunk driving attorneys can provide personalized advice based on your case specifics, help you understand the potential outcomes, guide you through the legal process, and develop and execute winning defense strategies.

If you have been arrested for drunk driving in Wisconsin, it will be important for you to quickly familiarize yourself with Wisconsin’s drunk driving laws. Drunk driving convictions can have serious consequences; and, while you might have options for avoiding a conviction, leveraging these options requires a clear understanding of the law and how it applies to your specific circumstances.

Of course, you should also hire a drunk driving lawyer to represent you—and your lawyer will be able to explain everything you need to know. But, learning the basics before your free initial consultation will help ensure that you can work with your lawyer as effectively as possible.

What You Need to Know About Wisconsin’s Drunk Driving Laws

So, what do you need to know about Wisconsin’s drunk driving laws? Here are some of the basics:

OWI and PAC: Wisconsin’s Drunk Driving Offenses

While most states use the term driving under the influence (DUI), Wisconsin does not. Instead, Wisconsin’s drunk driving laws establish two different offenses: operating while intoxicated (OWI) and driving with a prohibited alcohol concentration (or PAC). Under Section 346.63(1) of the Wisconsin Statutes:

• Operating While Intoxicated (OWI) – “No person may drive or operate a motor vehicle while . . .[u]nder the influence of an intoxicant . . . to a degree which renders him or her incapable of safely driving.”
• Driving with a Prohibited Alcohol Concentration (PAC) – “No person may drive or operate a motor vehicle while . . . [t]he person has a prohibited alcohol concentration.” A “prohibited alcohol concentration” is 0.08 percent in most cases, though it is possible to face a PAC charge with a blood alcohol concentration (BAC) of just 0.02 percent in certain circumstances.

As you can see, under Wisconsin’s OWI statute, prosecutors do not need evidence of your BAC to secure a conviction. This means that you can be convicted of OWI even if you refuse the breath test or are unable to register a BAC reading. Generally speaking, OWI and PAC charges carry the same penalties under Wisconsin law, though having a significantly elevated BAC (0.15 percent or above) can enhance the penalties that are on the table in a PAC case.

Wisconsin’s Implied Consent Law

Another factor that can enhance the penalties you are facing is a violation of Wisconsin’s implied consent law. In fact, if you violate Wisconsin’s implied consent law, you can face penalties regardless of whether you are guilty of OWI or PAC. Wisconsin’s implied consent law states:

“Any person who . . . operates a motor vehicle upon the public highways of [Wisconsin]. . . is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol . . . .”

Basically, if you drive on Wisconsin’s public roads, you give your implied consent to a BAC test if the police pull you over on suspicion of drunk driving. If you revise to take a BAC test, you can be charged with an implied consent violation, which can carry penalties including:

• A 12-month driver’s license suspension
• Mandatory ignition interlock device (IID) installation
• Mandatory alcohol assessment and treatment

But, while Wisconsin drivers need to comply with the state’s implied consent law, the police need to comply with the law as well. If the police did not fully comply with the law during your drunk driving stop, this could provide a defense in your case.

Wisconsin’s Drunk Driving Penalties

Regardless of whether you are facing an OWI charge or a PAC charge, you are facing steep penalties under Wisconsin’s drunk driving laws. Depending on the circumstances of your case, if convicted, you could face penalties including:

• Fines
• Surcharges
• Driver’s license suspension
• Mandatory IID installation or 24/7 sobriety program
• Jail time

Various factors can increase the penalties for OWI and PAC charges in Wisconsin as well. For example, if you caused an accident or had a minor under age 16 in your vehicle at the time of your arrest, this could increase the risks of your drunk driving case significantly.

Wisconsin’s Ignition Interlock Law

As discussed above, mandatory IID installation is a potential penalty for both implied consent violations and OWI/PAC charges. Under Wisconsin law, mandatory IID installation is required in some cases. Specifically, the judge must order mandatory IID installation if either: (i) your BAC was 0.15 percent or above; (ii) you have a qualifying prior drunk driving conviction; or, (iii) you refused to provide a BAC sample during your traffic stop.

Plea Bargaining in Wisconsin Drunk Driving Cases

While some states prohibit plea bargaining in drunk driving cases, Wisconsin does not. If you are facing an OWI or PAC charge and do not have a strong defense available (and do not qualify for diversion), then negotiating a plea bargain could be the best option for minimizing the consequences of your arrest. Before you seek a plea bargain, however, there are several important factors to consider, and you will want to ensure that you are making an informed decision based on the advice of an experienced drunk-driving lawyer.

Schedule a Free Consultation with a Drunk Driving Lawyer in Madison, WI

Do you need to know more about Wisconsin’s drunk driving laws? If so, we encourage you to contact us promptly. To schedule a free consultation with a drunk driving lawyer at Mays Law Office in Madison, please call 608-305-4518 or tell us how we can help online today.