If you’ve been arrested for a first-offense OWI (Operating While Intoxicated) in Wisconsin, not knowing what happens next can lead to many questions. Will you be able to drive? Could you lose your job? What other impacts can you expect?

These are all valid questions, especially for those unfamiliar with the OWI process. Let’s look at what you can expect after a first-time OWI in Wisconsin and how you can start taking control of the process.

Is a First-Offense OWI Considered a Criminal Charge?

This might come as a surprise, but a first-offense OWI is not usually a criminal charge. In Wisconsin, it is treated as a civil violation. This is similar to a traffic ticket. In most cases, you will not have a criminal record or face jail time unless there are aggravating circumstances.

Keep in mind that an OWI is still a serious offense. A first OWI can bring substantial fines, a license suspension, and other penalties that disrupt your daily life. 

If you do not handle it properly, the consequences can last a long time.

What Penalties Could You Face?

For first-time offenders, here is what you can expect after a first OWI conviction:

• Fines and costs: You can expect to pay between $150 and $300 in fines. However, the total may be around $700 or more with court fees and surcharges.
• License revocation: Your driver’s license will likely be revoked for 6 to 9 months. Many times, that makes it harder to get to work, school, or take care of family obligations.
• Alcohol assessment and treatment: You will need to complete a state-approved alcohol and drug assessment program. Based on the results, you may also be required to take an education course or complete treatment.
• Ignition Interlock Device (IID): If your blood alcohol concentration (BAC) was 0.15% or higher, you may have to install an IID on your vehicle for one year. This device requires you to blow into it to start your car.
• Purchase high-risk insurance (SR-22): If you want to get your license back, you may need to file an SR-22 certificate with your insurance company. This will raise your insurance premiums for at least three years.

Could the Charges Be More Serious?

In some cases, a first OWI can turn into a criminal charge if any of these situations apply to you:

• If you had a passenger under age 16 in the car, the charge could be a criminal misdemeanor and carry jail time.
• If you caused an injury or death, you could face felony charges.

Can I Still Drive for Work or Family Obligations?

In some cases, you may be eligible for an occupational license. This will allow you to drive to work, school, medical appointments, and other approved locations. You can apply for this license right away unless you have refused testing. Under those circumstances, you may face a 30-day waiting period.

If you are required to install an IID, you must do that before you can get your occupational license.

Refusing a Test Can Complicate Things

Wisconsin’s implied consent law requires drivers to submit to chemical testing if an officer suspects intoxication. Refusing a test triggers an automatic one-year license revocation and a 30-day waiting period before applying for an occupational license. Along with that, you can be subjected to a separate “refusal” criminal charge.

Why You Will Want to Talk to an Attorney

While a first OWI in Wisconsin is not criminal in most cases, the penalties can still ripple through your life. This can affect your job, finances, and reputation. An experienced criminal defense attorney can:

• Review whether the stop and tests were conducted properly.
• Represent you at the administrative suspension hearing to help you keep your license.
• Work to reduce penalties or challenge the charges if the case has weaknesses.
• Guide you through reinstating your driving privileges as quickly as possible.

Unfortunately, handling the process by yourself can feel like walking through a maze. A good lawyer can give you a clear plan to help put this incident behind you. 

Take the First Step Toward a Resolution 

Now that you know what to expect with a first-offense OWI in Wisconsin, you can come up with a plan to defend yourself. Your choices now can make the difference between a temporary setback and long-term consequences.
If you’ve been charged with OWI in Wisconsin, Melms Law is here to help. Our team is ready to fight these charges against you. Contact us today to schedule a consultation.