2nd OWI Wisconsin
2nd OWI Wisconsin
An individual that operates a motor vehicle while under the influence of alcohol or other drugs that can cause impairment can be charged with an OWI. A second OWI conviction leaves you with a criminal record that will stain your record for the rest of your life. You can face an OWI charge in the following situations:
- You have a BAC of .08% or higher
- Any amount of a restricted substance can be detected in your blood
- You are under the influence of drugs or alcohol to an extent that you are unable to drive safely
You can only be charged with a second OWI if you have one prior OWI charge that occurred within the last ten years. A second OWI or DUI offense carries severe penalties including driver’s license revocation, substantial fines, and a jail sentence. Being convicted for a second OWI can affect your applications for jobs, job promotions, or education in the future. An experienced OWI attorney in Wisconsin can help you get your second OWI charges reduced or dismissed.
Penalties For A Second OWI
The judge will determine the penalties you will face based on the minimum and maximum penalties for a second offense that are available in Wisconsin statutes. A second offense carries penalties such as:
- Jail time: You face five days to six months in jail, but the jail time can be doubled if you had a passenger that was under the age of 16 in the car. Sometimes offenders serve thirty days of community service instead of spending 5 days in jail.
- Fines: A second offense carries a fine of $350 to $1,100. The fines can be doubled or tripled if a driver’s BAC is over .17%.
- Substance abuse assessment: This is done to find out if the offender has a drug or alcohol abuse problem. If the offender has a problem, the driver may be required to complete a treatment plan or other rehabilitation programs.
- Driver’s license suspension or revocation: You license will be administratively suspended if your BAC is found to be .08% or higher. It will revoked by a court for 12 to 18 months if you are convicted of an OWI.
Other Costs Of A Second OWI Conviction
Apart from the fines, there are also court fees and surcharges that you will have to pay out of pocket. The time you spend in jail could also lead to you not only losing wages but also losing your job. A five day jail sentence may not result in you losing a job, but people charged with second offense OWI often get 30 to 90 days in jail. It all depends on the number of days suggested to the court by a prosecutor.
After you have served 45 days of license suspension or revocation, a judge may grant you a hardship license. But that license is very restrictive and you have to pay money to get it, and you will have to install an IID in your vehicle as a condition to get that license. The legal BAC limit if you have installed an IID is .02%.