Appleton OWI Lawyer

Challenging Accusations of an Operating While Intoxicated Violation

Have you been charged with an OWI in Appleton, WI? Reach out to Intrepid Law Office as soon as possible. Although a conviction for the offense might not result in confinement until it’s a second offense, it can still lead to other penalties that may affect you for years. Fighting the accusation requires building a solid legal strategy. To do this, all of the evidence must be thoroughly examined and analyzed, and the proper laws must be applied. Hiring an attorney right away gives them the time necessary to evaluate your case and develop an innovative defense just for you.

Intrepid Law Office is a boutique firm focused primarily on defending OWI cases.Attorney Vanessa L. Tucker has an eye for the details and a passion for helping people involved in the legal system. She has helped hundreds of clients and is well-versed in how the judicial process works. Recognizing that this can be a difficult and overwhelming time for you, she delivers the personalized attention you need every step of the way. Our OWI lawyer in Appleton will be responsive to your calls and emails, providing clear and honest answers to your questions and concerns.

What Is an OWI in Wisconsin?

Under Wisconsin law (Wisconsin Statutes § 346.63(1)), a person could be facing an OWI charge if they engage in several different types of conduct while driving or operating a vehicle. First, charges may arise if the individual had an alcohol concentration of 0.08 or more (or more than 0.0 but less than 0.08 if they’re under 21 years of age). Second, they may be accused if they were under the influence of an intoxicant or controlled substance. Third, the individual may be charged if they had a detectable amount of a restricted controlled substance in your system.

The law provides that a person is driving or operating a vehicle:

• Had control over the speed or direction of the car, or
• They could exert control over any of the mechanisms required to make the car move.

Additionally, alcohol concentration or the presence of a controlled substance in a person’s body is detected by a chemical analysis of the individual’s blood or breath. And to be “under the influence” means that the driver’s faculties are impaired to the point that they cannot safely drive their vehicle.

Is a First-Time OWI a Misdemeanor in Wisconsin?

In Wisconsin, a first-time OWI without aggravating factors is neither a misdemeanor nor a felony. Rather, it is a civil infraction.

Make no mistake: Although a first-time OWI is not a crime, it is still a serious matter. You can face harsh penalties for being found guilty of a violation.

That said, if aggravating factors were present at the time of the offense, a first violation could be charged as a misdemeanor.

To learn more about what a civil infraction means to you, please speak with our Appleton OWI lawyer.

Can You Go to Jail for a First-Time OWI in Wisconsin?

Generally, a person will not be sentenced to confinement for a first-time OWI. However, under certain circumstances, the judge may order them to serve a jail term.

The potential penalties for a first-time OWI in Wisconsin include the following:

• Forfeiture: $150 to $300 plus court costs
• Driver’s license revocation: 6 to 9 months
• 12 months Ignition Interlock Device if your Blood Alcohol Content was a .15 or higher

If the situation involves aggravating factors, the penalties for a first-time OWI are as follows:

• OWI with a passenger under 16 years of age:
  • Fine: $350 to $1,100 plus court costs
  • Confinement: 5 days to 6 months
  • Driver’s license revocation: 12 to 18 months
  • 12 months Ignition Interlock Device

• OWI causing injury:
  • Fine: $300 to $2,000 plus court costs
  • Confinement: 30 days to 1 year
  • Driver’s license revocation: 1 to 2 years
  • 12-24 months Ignition Interlock Device

In addition to the penalties above, if a person’s convicted of operating while intoxicated, the judge will also order them to complete an alcohol or controlled substances treatment assessment.

Know that being accused of an OWI violation does not mean that you are guilty. Depending on the circumstances, a conviction does not necessarily mean you will be subject to the maximum penalties. Allow our OWI attorney in Appleton to review your case and determine your legal options. She has achieved favorable results for past clients, and while previous victories do not guarantee future success, she can work hard toward an optimal outcome on your behalf.

Speak with an Appleton OWI Lawyer Today

At Intrepid Law Office, we want to help you through this difficult time. Our attorney will stand by your side, providing the support and aggressive defense you need.