In Milwaukee, operating while intoxicated or OWI is commonly known as driving while under the influence of alcohol. OWI is a criminal offense ranging from a misdemeanor to felony. A misdemeanor OWI is only for a first offense. A second OWI offense is serious and requires the help of an OWI lawyer milwaukee wi. A second OWI charge results when a person is charged with drunk driving after a first-time OWI conviction.
Wisconsin Law doesn’t Allow Anyone to Operate a Motor Vehicle While Intoxicated
In three instances, a driver may be charged with operating a motor vehicle while intoxicated in Milwaukee. They can be arrested if they are under the influence of any intoxicant such as drug and/or alcohol. For instance, a person can be arrested for having a blood alcohol concentration (BAC) at 0.08 percent or higher.
Another reason for the arrest is there’s the detectable amount of a controlled substance in a person’s bloodstream at the time of the arrest. Prohibited alcohol concentration is another reason for an OWI arrest. Prohibited alcohol concentration (PAC) is different than the BAC requirement. PAC only applies to those who have multiple OWI convictions. If their BAC is 0.02 percent or greater, they can be arrested. This is called per se OWI.
The Penalty for Second OWI Conviction is Jail Time
A driver convicted of OWI for the second time within 10 years may be sentenced to at least five days in county jail. Other penalties associated with this criminal sentence includes 12 to 18 months of license revocation. Fines, fees and surcharges that may total to several hundred dollars. An ignition interlock device (IID) may be installed on their vehicle. An IID is a device that doesn’t permit the driver to operate a motor vehicle unless their breath sample is free of alcohol. To provide the sample, the driver must blow into a tube connected to the steering wheel area of the motor vehicle.
An Occupational License is Available to Some Drivers who are Accused of Second OWI
An occupational license is a conditional license permitting the driver to operate a motor vehicle for about 60 hours each week. They can drive about 12 hours a day and only for specific purposes such as work and school. A driver accused of a second OWI must wait approximately 60 days before applying for the conditional license.
What is the Jail Time for a Second OWI Conviction?
The exact amount of jail time depends on the circumstances and facts of the OWI case. It also includes whether there are mitigating and aggravating factors. Mitigating factors include things that will decrease a jail sentence. Mitigating factors include having a good driving record, cooperating with police during the traffic stop and having a low BAC.
Aggravating factors increase an OWI sentence. Certain aggravating factors include resisting arrest, recent OWI offenses, no recognizing there’s a substance abuse problem and poor driving record. If there was a minor or pregnant passenger in the vehicle at the time of the OWI traffic stop, the criminal sentence will increase.