The Law
You take a big risk when operating a motor vehicle after consuming any amount of alcohol, but legal penalties will be assured if you have a blood alcohol concentration (BAC) of .08% or higher. You can also be arrested with a BAC below .08% if there is evidence that you were impaired or operating while under the influence of some other drug. The BAC limit also goes down if you've had prior Operating While Intoxicated (OWI) convictions.
The legal definition is "operating while under the influence of an intoxicant, meaning, "any controlled substance, any other drugs, or a combination thereof."
The Risk
Impaired drivers come from all age groups, all walks of life, all income levels and all backgrounds. Nearly one in five drivers arrested for OWI is involved in a crash. Nearly all drive with telltale signs.
In Wisconsin, more than 30,000 people are convicted of OWI annually-about 70% for the first time. Each offense is serious. Each offense may have cost one or more lives. Each situation becomes riskier with greater amounts of alcohol.
According to the National Highway Traffic Safety Administration, drivers with BAC's exceeding .15% BAC are 200 times more likely to be involved in a fatal crash, and those with BAC's exceeding .20% BAC are 460 times more likely.
If you are convicted of OWI it stays on your driving record forever!
The OWI Tests
If stopped for suspicion of OWI, the officer will ask you to perform a series of Standardized Field Sobriety Tests (SFST). You will be asked to do the one-leg stand and the walk and turn. You will also be asked to follow an object with your eyes while the officer checks for involuntary eye movement.
Scientific studies have validated each SFST. Each test provides evidence of impairment or intoxication to support a legal basis for arrest.
If arrested, you'll be asked to submit to a chemical test of breath or blood. Under Wisconsin's Implied Consent Law, you gave your consent for a chemical test when you applied for your drivers license.
Consequences
If you test above .08% BAC and it's your first offense, you will lose your license for at least six months and as much as nine months. Your license must be surrendered and you will have a temporary license good for 30 days.
If you refuse to submit to a chemical test of blood or breath, you'll automatically lose your license for one year and have a 30-day waiting period before you are eligible for an occupational license. A charge of driving OWI can still be brought against you, in addition to the one-year loss of license.
Assessment, Education and Treatment
If convicted of OWI, you must undergo an alcohol and other drug assessment to assist in the development of a driver safety plan. The plan emphasizes making better choices and avoiding future impaired driving behavior. You are required to pay for the assessment and comply with the plan. If you don't comply, your driving privileges will be revoked until you do.
Restrictions
It costs $50 to get your license back. You will also have to demonstrate financial responsibility and ask your insurance agent to file a form with the Division of Motor Vehicles proving that you have insurance. If you continue to drive without a license, you face more serious consequences, including a stiff fine, jail time and additional revocation.
If you need to drive to work or school, an occupational license may be issued. But you will be restricted to designated routes, limited to driving during certain times of the day and for only so many hours per week.
Multiple Risks
Upon second OWI conviction, you must wait to be eligible for an occupational license. The court may order a vehicle to be immobilized or fitted with an ignition interlock device (a breath-test device - before your car will start).
If you ever have two offenses within five years, you can't get an occupational license for one year and the court may order all of your vehicles immobilized or equipped with an ignition interlock device.
Additional Guidelines
- Generally second offenses are counted within a 10-year period. Most other offenses (third and subsequent) are counted within a person's lifetime dating back to 1/1/89.
- Absolute sobriety is mandatory for an occupational license for persons with 2 or more convictions.
- Persons with 2 or more convictions must be in compliance with a driver safety plan to be eligible for an occupational license.
- If repeat offender, the court may immobilize or seize vehicles.
- Penalties are doubled when a person under 16 years of age was in the vehicle at the time of the offense.
- Additional penalties are mandatory for causing death or great bodily harm to unborn children by OWI.
- If offense is committed while operating as a commercial driver, then penalties will include a 1-year CDL disqualification (3-year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
- For third or subsequent OWI offenses, fines are increased according to blood alcohol concentration
- Demerit points are issued for all traffic violations; newly licensed drivers may be subjected to increased demerit points.
State penalties: Wisconsin Department of Transportation
More Information
Wisconsin Department of Transportation
Bureau of Transportation Safety
P.O. Box 7936, Madison, WI 53707
(608) 266-0402