Operating while intoxicated (OWI) charges can result in harsh consequences for Madison-area drivers, even for a first-time offense. The best way to protect your driving privileges and freedom is to work with an experienced OWI defense attorney. Here’s what you could face if you’ve been charged with OWI.

First OWI Offense

A first OWI offense is typically a non-criminal ticket and cannot net you jail time, unless aggravating factors are present. Penalties can include:

• Fines and surcharges: You may face fines ranging from $150 to $300, plus a mandatory $435 surcharge.
• Driver’s license revocation: The Wisconsin Department of Transportation can revoke your license for six to nine months.
• Alcohol assessment and treatment: Courts may require you to complete a treatment or education program.

A first OWI can also have long-term consequences, like increased insurance rates and points on your driving record.

Second OWI Offense

A second offense within 10 years (or if you’ve ever been convicted of impaired driving causing death or great bodily harm) is treated more harshly. The penalties escalate:

• Fines and surcharges: Fines can range from $300 to $1,100, plus surcharges.
• Jail time: You could serve up to six months in county jail. The court must require at least five days of confinement, which could include work release.
• License revocation: Your license may be revoked for up to 18 months, and you may face additional restrictions if you are granted limited driving privileges.
• Ignition interlock: The court will and must require you to install an ignition interlock device, and for one full year; this device is costly to you and it prevents the vehicle from starting if it detects alcohol on your breath.

Second offenses can also trigger strict probation conditions and more intensive alcohol education or treatment programs, although probation is an uncommon sentence for a second offense OWI.

Third OWI Offense

A third OWI offense, or a second offense that coincides with certain aggravating circumstances, is still a misdemeanor crime in Wisconsin, but is treated much more harshly than a second one. Penalties can and do include:

• Fines: Up to $2,000.
• Jail time: A third offense can result in up to a year in jail, with 45 days minimum jail time.
• License revocation: Revocation can last from two to three years 
• Ignition interlock: Long-term use of an ignition interlock device is always required.

Fourth and Subsequent OWI Offenses

Fourth and subsequent OWIs are felonies. Fines can reach up to $50,000 for tenth or greater offenses, and you could spend up to 15 years in prison — even if no one was hurt.

Felony OWIs significantly impact your employment and professional licensing options. Your criminal record can trigger immigration consequences and bar you from some travel, housing, and educational opportunities.

Aggravating Factors

Certain aggravating factors increase penalties, even for first or second offenses. These can include:

• High blood alcohol concentration: Blood alcohol levels of 0.17% or higher. This “excessive BAC” escalator can double, triple, or quadruple the fines involved.
• Injury or death: If someone is injured or killed, all penalties increase, and felony charges are even more serious with these results.
• Driving with a minor in the vehicle: Penalties will increase when a passenger under 16 is present.
• OWI with a commercial vehicle: Stricter penalties apply if you were operating a commercial vehicle. Commercial drivers also have lower BAC limits and face harsher license consequences, even if you weren’t operating a commercial vehicle or on the clock at the time.

Courts often impose longer jail or prison sentences, larger fines, and extended license revocations when these factors are present.

Get Help from an Experienced Madison OWI Attorney

Penalties for OWI convictions escalate quickly with repeated offenses or aggravating circumstances. The long-term legal and personal consequences can be devastating. 
Christopher T. Van Wagner S.C. handles OWI matters in Madison, WI, and the surrounding areas. Call me today—I’ll guide you through the legal system and help you understand your options.