In Wisconsin, it is illegal to operate a motor vehicle if you are under the influence of alcohol or any detectable amount of controlled substance. Most first offense OWI charges in Wisconsin are considered a "civil forfeiture offense," meaning it is not a criminal violation.
If you are convicted of operating a vehicle while under the influence you could:
- Lose your license
- Pay steep fines
- Have to take an Alcohol or Other Assessment (AODA)
- Install an ignition interlock device (IID) in your vehicle
Even a first offense OWI charge is not something to be taken lightly. Make sure that you protect your future by calling a Milwaukee OWI defense lawyer at the Law Offices of Christopher J. Cherella. Our attorney is a former prosecutor who understands how cases are handled from the state's perspective.
Backed by 20+ years of proven experience, we offer help 24/7. Act now to get a FREE one-on-one consultation with our Milwaukee OWI lawyer.
What Are the OWI Laws in Wisconsin?
What is the BAC Limit?
According to Wisconsin OWI laws, a person with a Blood Alcohol Concentration (BAC) of .08% or higher is deemed to be too impaired to operate a motor vehicle. The limits are even lower for someone facing a fourth offense or greater OWI charge. Any driver in Milwaukee or throughout the state of Wisconsin with a BAC at or above the legal limit could be arrested and charged with OWI.
These limits are established by statutory laws and are strongly prosecuted in all Wisconsin counties. It is very rare for these types of charges to be amended by a prosecutor. If charged with an OWI offense, you do have certain defenses. These defenses must be explored with you by an experienced OWI attorney.
What is a Criminal OWI in Wisconsin?
It is considered a criminal violation for a first offense OWI conviction in Wisconsin with a minor passenger under 16 years of age in the vehicle. Also, all second and subsequent OWI offenses in Wisconsin are criminal in nature. This means that in any criminal OWI prosecution there is a mandatory minimum jail sentence that must be served upon conviction.
There are other mandatory minimum penalties associated with the conviction including
- Fines
- License revocation
- IID
Learn more about your rights and what you can do to defend yourself and protect your license. Our attorney is available 24/7 to help and will even give you his private cell phone number so you can reach him at all hours. This is the kind of personalized, hands-on attention you can expect at our firm.
OWI Defense Strategies
Despite what people may believe many OWI cases can be won, even if the evidence against them seems strong. Attorney Christopher J. Cherella takes a comprehensive approach to every case, challenging the prosecutor to prove every element of the case.
Any one of these or other factors could lead to dismissal of your OWI charge or reduction to a lesser, non-OWI traffic offense:
- Did the police have reasonable suspicion to stop you?
- Did the police have reasonable suspicion to believe that you were intoxicated?
- Did the police have probable cause to arrest you?
- Is the police report and subsequent officer testimony consistent with video and other evidence?
- Were you properly advised of your rights before submitting to a breath or blood test?
- Were you observed continuously for 20 minutes prior to submitting to the breath or blood test?
- Did you voluntarily submit to the breath or blood test?
- Did the breathalyzer machine return accurate blood alcohol results?
- Can the blood or breathalyzer results be suppressed?
- Was there an unlawful forced blood draw?
- Are there physical or biological factors that could have produced abnormally high blood alcohol results?
At the Law Offices of Christopher J. Cherella, we understand the importance of your driver's license. We also understand how the freedom to drive affects your everyday life. When you retain us to represent you, we will defend you with skill, passion, and conviction. Our priority is to keep you out of jail and to minimize the impact of your charges on your future.
Why Choose Our Milwaukee OWI Attorney?
- 20+ years’ proven legal experience
- Former prosecutor fighting for you
- 1,000s of criminal cases handled successfully
- Free consultation available by phone 24/7
Explore your OWI defense options. Call (414) 347-9334 today to request a free consultation.
