Do You Need a Racine OWI Lawyer?
If you are arrested for an OWI in Wisconsin, you have 10 days to request an administrative hearing to keep your license. Penalties for a first offense typically include fines and license revocation, but no jail time, while subsequent offenses carry mandatory jail sentences.
Arrested for OWI in Southeastern Wisconsin? Call Cafferty & Scheidegger, S.C., in Racine, Wisconsin, right away. There are often strategies to help you reduce or dismiss the charges you are facing.
The Governing Wisconsin Statute
Wisconsin prohibits operating while intoxicated at Wis. Stat. § 346.63. The State must prove the accused operated a motor vehicle on a public roadway while under the influence of an intoxicant, or with a prohibited blood-alcohol concentration. The legal limit is .08 for most drivers, .04 for commercial drivers, and .02 for drivers under 21 or with three or more prior OWI-related convictions.
Penalty tiers are set out at Wis. Stat. § 346.65. A first offense is a civil forfeiture of $150 to $300 and the only state in the country that does not criminalize a first OWI. A second offense within a 10-year window becomes a criminal misdemeanor with mandatory minimum jail. A fourth offense is a Class H felony with real prison exposure. Aggravating circumstances, including a minor passenger or a BAC at .17 or higher, can double, triple, or even quadruple the fines and confinement.
Probable cause for the stop, proper administration of field sobriety testing, and the calibration history of the breath-test instrument are contested points in nearly every OWI case. An experienced defense attorney examines every step.
Why Choose Cafferty & Scheidegger?
Our attorneys are aggressive experienced Racine OWI defense attorney with more than 20 years and hundreds of successful Wisconsin drunk driving defense cases on his record. He has earned a reputation for integrity among prosecutors and judges, working hard to pursue every strategy to help clients keep their driving record clear of an OWI conviction and the harsh driving suspension that comes with it.
We Challenge Everything
The state has to prove beyond a reasonable doubt that you were operating the vehicle while intoxicated and that the police had probable cause to pull you over. As a skilled criminal law attorney in Racine and Kenosha, Patrick Cafferty can examine the police report and the evidence collected against you to determine if proper procedure was followed, and if any errors or problems occurred when the alcohol testing equipment was used.
In Wisconsin, it is illegal for a driver to operate a motor vehicle while under the influence of an intoxicant. Drivers are considered under the influence when their ability to operate a motor vehicle is impaired. This means that if you are pulled over and the police officer determines you are impaired, you can be arrested and prosecuted regardless of your blood alcohol concentration (BAC). The legal BAC limit in Wisconsin is .08, but it drops down to .02 if you have had several operating while intoxicated (OWI) arrests in the past. It is illegal for drivers under 21 to have any alcohol in their system.
Operating while intoxicated is a serious offense that can result in a suspension or loss of your driver’s license, in addition to fines and possible jail time.
We Handle Every Kind of Racine OWI Defense Case
You can also be arrested for drunk driving while operating:
- Boat
- ATV
- Snowmobile
- other motor vehicle
From the minute you are arrested, it is important to have someone on your side who knows the law. Police officers and prosecutors can make mistakes that can reduce or even dismiss the charges against you. Don’t roll over and take a conviction for OWI. Start protecting your rights as soon as possible.
Call Now. Don’t Wait to See What the Prosecutor Will Do Next.
An OWI conviction can have a lingering impact on your life. The penalties for a first offense can include fines, court fees, higher insurance premiums, alcohol evaluations and the loss of your license. An arrest for a second, third, or fourth OWI carries penalties that include mandatory jail time. A fifth OWI arrest is a felony. Time matters in the investigating and preparation of your case. Call us now.
Related OWI & Traffic Defense
Deeper reading on specific OWI questions:
- What is an OWI in Wisconsin?
- Charged with OWI in Wisconsin
- Do I need an attorney for an OWI?
- BOAT / snowmobile / ATV OWI defense, recreational-vehicle OWI under §§ 30.681, 350.101, 23.33(4c)
Related traffic-defense pages:
Contact an Experienced Racine OWI Attorney
From offices in Racine, the criminal defense lawyers from Cafferty & Scheidegger defends the rights of people. We defend people charged with state and federal criminal offenses throughout Kenosha, Walworth, and Racine counties (Southeastern) Wisconsin. Contact the firm to arrange a free initial consultation with an experienced Racine DUI defense lawyer right away. You are welcome to call or text us 24 hours a day at 262-632-5000
