OWI Penalties and Laws

Operating While Intoxicated (OWI) is a criminal chargeFor first-time offenders, the charges for OWI include
that can be applied to any person who is operating afines and license suspension, but no jail time. Typically,
motor vehicle with alcohol in their blood system. Mostthe fine ranges from $150-$300 and the operator's
states term this offense either as DUI (driving underlicense is suspended for 6-9 months. Second time
the influence) or DWI (driving while intoxicated), whereoffenders often see a significant increase in the
DUI is considered a lesser offense than DWI. Typically,monetary fine - they may have to pay up to $1100.
the blood level content of an individual suspected forThey also face jail time ranging from 5 days to 6
DUI is lower than one who is suspected for DWI.months, as well as a longer license revocation. As the
However, in Wisconsin, there is only one charge fornumber of offenses goes up, the penalties also
operating a vehicle while intoxicated.increase in severity.
How much is too much?If an individual's OWI act results in injury or death of
A person may be charged with OWI if his or her bloodanother person, he or she faces grave consequence -
alcohol content (BAC) level is 0.08 or greater for his orno matter how many, if any, prior offenses he or she
her first, second, and third offenses. Any subsequenthas committed. Homicide as a result of OWI can result
violations are considered as such is the BAC of thein up to $100,000 in fines and 40 years in prison.
offender is 0.02 or higher.Why have the 0.08 BAC law?
These numbers might not mean too much to anIn 2001, prior to the institution of the 0.08 BAC law,
individual who has never before taken a breathalyzerthere were 304 OWI-related deaths in Wisconsin.
test. Because the DMV of Wisconsin recognizes this,Statistics have shown that with the implementation of
they have posted on their website charts that apply tothe 0.08 law, 8% of these incidents could have been
the average individual, providing information on how toprevented.
accurately calculate your BAC based on how manyThe hope with the 0.08 BAC law is that not only will it
alcoholic beverages you have imbibed in a certainallow officers to remove those incapable of properly
period of time.and safely operating a motorized vehicle from the
What are the penalties associated with being arrestedroads, but it will also encourage people to rethink their
for OWI?decisions to drink and drive.