Each circuit court district throughout the State of Wisconsin has different OWI guidelines set for its district. The districts set guidelines based on a calculation of the number of prior OWI related offenses and blood alcohol concentration. An experienced attorney can help you navigate the local guidelines and may be able to make arguments about the metabolization of alcohol or other substances in the blood.
However, the mandatory minimum penalties are set out in state law. Wisconsin Statutes § 346.65 (2j)(am) outlines the penalties as follows:
1st offense – A fine not less than $150 nor more than $300.
2nd offense – A fine not less than $350 nor more than $1,100 and imprisonment for not less than 5 days nor more than 6 months in the county jail. An OWI is considered a second OWI if the first OWI was within ten years. It is possible to have two first OWI’s and then be charged with a third because of the statutory language in this section.
3rd
offense – A fine not
less than $600 nor more than $2,000 and imprisonment for not less than 45 days
nor more than one year in the county jail. An OWI is considered a third OWI if
there are two prior convictions for OWI related offenses within a person’s
lifetime.
With any law there are exceptions to these maximum penalties based on factors like: blood alcohol concentration, whether a party has been injured or passed away, and whether a minor child was in the vehicle. You should seek counsel from a knowledgeable and skilled OWI attorney when trying to further understand OWIs and the penalties. An experienced attorney will be able to apply the law to your specific case and advise you appropriately.
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