Appleton Multiple OWI Attorney

Fighting Accusations of Second, Third, or Subsequent OWI Violations

A second, third, or subsequent OWI charge in Wisconsin can be life-altering. With the exception of two instances, these offenses are felonies and can carry harsh penalties. A conviction may result in a few months to a decade or more of incarceration, thousands of dollars in fines, and driver’s license revocation. Each of these sanctions can affect your life in various ways. For example, your personal or professional relationships may be strained, you might struggle to take care of your everyday obligations, or you may face job loss or disqualification from certain types of employment. While these penalties and consequences can be scary, do not lose hope in your case. Depending on the situation, defenses may be raised to fight the charge and seek to avoid or minimize the penalties.

At Intrepid Law Office, our Appleton multiple OWI lawyer, Vanessa L. Tucker, is ready to jump into action in your case. With a legal background in handling operating while intoxicated matters, we understand what you’re up against. Still, we also know that accusations can be challenged. Our approach to fighting charges is built on open and honest communication. By actively listening to your side of the story and developing a trusting relationship with you, we can get the complete set of facts and begin crafting a personalized defense strategy. As a boutique law firm, we can provide the one-on-one attention you need and will keep your best interests in focus as we seek an optimal outcome on your behalf.

What Constitutes an OWI in Wisconsin?

In Wisconsin, it is illegal for anyone to drive while intoxicated.

Specifically, Wisconsin Statutes § 346.63 provides that a person commits an offense when they drive or operate a vehicle and:

• Their breath or blood alcohol concentration is at or above the legal limit. The legal limit varies depending on the driver:
  • 0.08 or more for persons 21 years of age or older operating a passenger vehicle,
  • 0.00 or more but less than 0.08 for persons under 21 years of age operating a passenger vehicle, or
  • 0.04 or more but less than 0.08 for persons operating a commercial vehicle.
• They were under the influence of an intoxicant, controlled substance, or other drug to the point where they were unable to safely control their vehicle
• They had a detectable amount of a restricted controlled substance in their body.

Our multiple OWI lawyer in Appleton is well-versed in the law and science concerning these matters and can analyze every detail to determine what defenses can be raised.

What Are the Penalties for Multiple OWIs in Wisconsin?

As noted before, the penalties for a second or subsequent OWI violation are steep. Yet they differ depending on the situation. The exact sanctions that can be imposed are tied not just to the number of prior offenses but also to whether the driver caused injury or death to others, they had a passenger under 16 years of age in the vehicle, or they had an elevated alcohol concentration limit.

The penalties for a second OWI can include:

• Fine: $350 to $1,000
• Jail: 5 to 6 months
• Driver’s license revocation: 1 year to 18 months

The penalties for a third OWI can include:

• Fine: $600 to $2,000
• Jail: 45 days to 1 year
• Driver’s license revocation: 2 to 3 years

The penalties for a fourth OWI (a Class H felony) can include:

• Fine: $600 to $10,000
• Prison: 60 days to 6 years
• Driver’s license revocation: 2 to 3 years

The penalties for a fifth or sixth OWI (Class F felony) can include:

• Fine: $600 to $25,000
• Prison: 6 months to 10 years
• Driver’s license revocation: 2 to 3 years

The penalties for a seventh, eighth, or ninth OWI (Class F felony) can include:

• Fine: Up to $25,000
• Prison: 3 years to 12 years, 6 months
• Driver’s license revocation: 2 to 3 years

The penalties for a tenth or subsequent OWI (Class E felony) can include:

• Fine: Up to $50,000
• Prison: 4 to 15 years
• Driver’s license revocation: 2 to 3 years

In some cases, the fines listed above can increase. For instance, if a passenger under 16 years of age was in the vehicle at the time of the offense, the fines and term of incarceration are doubled. Or, if the driver had an elevated alcohol concentration, the fines are multiplied.

To illustrate, the fines may increase as follows:

• BAC of 0.17 to 0.199: Fines doubled
• BAC of 0.20 to 0.249: Fines tripled
• BAC of 0.25 or above: Fines quadrupled

The driver may also be looking at enhanced penalties if they were driving while intoxicated and caused injury or death to another person.

Under these circumstances, potential penalties include the following:

• Injury – second or subsequent offense:
  • Up to $10,000 in fines
  • Up to 6 years in prison
• Death – second or subsequent offense:
  • Up to $100,000 in fines
  • Up to 40 years in prison

At Intrepid Law Office, we have handled an array of operating while intoxicated cases and have achieved favorable results for past clients. While previous victories do not guarantee future success, our multiple OWI attorney in Appleton will fight extremely hard for you. We can put our knowledge, skills, and talents to work to protect your rights and future.

Schedule a Consultation with our Appleton Multiple OWI Lawyer

You might be feeling anxious and frightened because you have been accused of a second or subsequent OWI. Our team will explain the court process and your legal options to help ease some of your fears. Know that when you hire us, you will have someone who cares about you providing the support you need throughout your case.

Disclaimer: This page is for informational purposes only and is NOT legal advice.