3rd Offense OWI
3rd Offense OWI in Wisconsin
Charged with a Third Offense OWI in Waukesha: What You Need to Know Now
Drunk driving third (DUI 3rd) or operating while intoxicated third (OWI 3rd) in Wisconsin, whether drunk driving (DUI 3rd) or operating while intoxicated (OWI 3rd) in Waukesha, drunk driving (DUI 3rd) or operating while intoxicated (OWI 3rd) in Milwaukee, or any other county, is a misdemeanor crime in the state of Wisconsin. To learn more about how it may not be a criminal offense, please refer to the OWI Counting Laws page
Drunk driving (DUI) or an operating while intoxicated (OWI) is when the government is essentially alleging that the driver operated a motor vehicle on a public highway while under the influence of an intoxicant. It is important to note that a public highway under Wisconsin law is generally any area held open to the public (e.g. a store parking lot).
It is also important to mention that the intoxicant does not necessarily have to be alcohol or alcohol alone. Under Wisconsin law, if a driver is operating with any detectible amount of a restricted controlled substance (e.g. cocaine, etc) in their blood then they are presumed to be intoxicated. Also if they are operating with a sufficient amount of any controlled substance that would impair their driving (e.g. marijuana, or any prescription narcotic such as Ambien and other sleep aids, etc) they may also be found guilty. Finally, even if a driver is found to be operating with a non-prescription over the counter drug (e.g. Tylenol PM or other non-prescription sleep aids, etc) and the drug rendered them unable to operate their vehicle, they may be found guilty of drunk driving (DUI) or an operating while intoxicated (OWI) in Wisconsin counties such as Waukesha, Milwaukee, Walworth, Washington, Dodge, Jefferson, etc.
Even if the controlled substance or drug in question was taken entirely according to doctor’s orders, this may still not be a defense to any charge.
Drunk driving (DUI 3rd) or operating while intoxicated as a second offense (OWI 3rd) in Wisconsin is punishable by:
• Forty Five days to one year jail
• Between $600-$8,000 fine
• Between 24 to 36 month divers license revocation
• Court ordered installation of an ignition interlock device
• AODA assessment (alcohol and other drug assessment)
• Driver’s safety plan
• Court costs
• Other penalties not included here
Other penalties and reimbursements may be ordered by the judge, should a case proceed to sentencing, to include a blood withdrawal surcharge (if applicable in your case) for the blood alcohol testing, increased penalties for elevated blood alcohol concentration, etc.
If you are convicted of this offense: the minimum penalty is jail.
The basic penalties mean that simply between the fine, court costs, AODA assessment, driver’s safety plan, and the ignition interlock device, drivers who have been convicted of drunk driving (DUI 3rd) or operating while intoxicated as a third offense (OWI 3rd) in Wisconsin and in counties like Waukesha, Milwaukee, Walworth, and Washington can expect to pay thousands upon thousands of dollars in court ordered and related costs as part of any conviction.
This is all before including the mandatory SR22 insurance (a special type of auto insurance that becomes necessary for drivers convicted of an OWI) that a driver will be required to maintain if they wish to obtain an occupational license during the period when you are revoked. The SR22 insurance combined with years of significantly increased auto insurance rates, not to mention increased life insurance and health insurance rates, can lead to spending thousands upon thousands more even years after your drunk driving third (DUI 3rd) or operating while intoxicated third offense (OWI 3rd) in Wisconsin, Milwaukee, Waukesha, Walworth, Washington, etc, has concluded and any sentence has been served.
Keep in mind that a revoked license is a serious matter. In Wisconsin, if one is caught driving on a revoked license they face criminal prosecution and penalties to include up to one year in jail, a $2,500 fine, and an additional six (6) month revocation of their license. Even if a driver has a valid occupational license, if they are operating outside that license (maybe they are running 5 minutes late from work so are outside their allowed driving hours), they may also be charged criminally for operating after revocation.
The clock starts on your defense the moment you are released from custody. Many times the police will issue an Administrative Suspension Notice that means unless you or your attorney immediately files the proper notice with the Wisconsin Department of Transportation within ten (10) days of you receiving the proper notice, your license will be suspended for six (6) months. This means action must be taken even weeks before your first court date.
The best defense starts early. Call now to schedule your free consultation to learn about the court process and what options are available.