Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

Arrested On Suspicion Of Drunk Driving In Wisconsin?

In Wisconsin, even a first offense OWI (operating while intoxicated) carries stiff consequences. As the number of offenses goes up, so do the penalties. Our Milwaukee OWI lawyers bring knowledge and dedication to your defense ― striving to help you avoid the consequences of an alcohol-related conviction.

At Buting, Williams & Stilling, S.C., in Brookfield and Glendale, Wisconsin, we defend people throughout the state who have been arrested for or charged with drunk driving. If you have been charged with drunk driving and are concerned about the consequences, call us at 262-821-0999 or contact us online to schedule your free consultation with a Waukesha County OWI defense attorney.

OWI Penalties And Laws In Waukesha County, Wisconsin

The following are the penalties for Operating While Intoxicated, Operating With Prohibited Alcohol Content or Operating With Restricted Controlled Substance offenses in Wisconsin:

  • First-offense: forfeiture of $150 to $300 (plus costs approx. $500), 6 to 9 month driver’s license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver’s record and mandatory ignition interlock installed for 12 months on all vehicles titled in your name if a chemical test was refused or the breath/blood alcohol content was greater than .15. This is a civil offense in Wisconsin.
  • First offense with minor passenger in vehicle: mandatory 5 days to 6 months jail, fine of $150 to $300 (plus costs approx. $500), 6 to 9 month driver’s license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver’s record and mandatory ignition interlock installed for 12 months if a chemical test was refused or the breath/blood alcohol content was greater than .15. This is a misdemeanor offense in Wisconsin.
  • First offense with minor injury to a passenger: 30 days to 1 year jail, $300 to $2,000 fine, plus costs (approx. $500), 1 to 2 year driver’s license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver’s record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • First or subsequent offense with serious injury to a passenger: up to 12 ½ years prison , up to $25,000 fine, plus costs (approx. $500), 2 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Second-offense ( prior committed within ten years of current offense): mandatory 5 days to 6 months jail, $350 to $1,100 fine, plus costs (approx. $500), 12 to 18 month driver’s license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver’s record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • Second-offense with minor injury to a passenger (prior committed within ten years of current offense): 30 days to 1 year jail, $300 to $2,000 fine, plus costs (approx. $500), 1 to 2 year driver’s license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver’s record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • Third-offense (2 priors committed within lifetime): mandatory 30 days to 1 year jail, $600 to $2,000 fine, plus costs (approx. $500), 2 to 3 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • Third or subsequent offense with minor injury to a passenger (priors committed within lifetime): up to 6 years prison , up to $10,000 fine, plus costs (approx. $500), 2 to 3 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Fourth-offense (three priors committed within lifetime, no priors committed within last 5 years): mandatory 60 days to 1 year jail, $600 to $2,000 fine, plus costs (approx. $500), 2 to 3 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • Fourth-offense (three priors committed within lifetime, one committed within last 5 years): mandatory 6 months to 6 years jail/prison , $600 to $10,000 fine, plus costs (approx. $500), 2 to 3 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Fifth or Sixth- offense (priors committed within lifetime): mandatory 6 months to 6 years jail/prison , $600 to $10,000 fine, plus costs (approx. $500), 2 to 3 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Seventh, Eighth or Ninth (priors committed within lifetime): 3 to 10 years prison , up to $25,000 fine, plus costs (approx. $500), 2 to 3 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Tenth or greater (priors committed within lifetime): 4 to 12 ½ years prison , up to $25,000 fine, plus costs (approx. $500), 2 to 3 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Any offense where a death occurs: up to 25 years prison, up to $100,000 fine, plus costs (approx. $500), 2 year driver’s license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver’s record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • First offense Chemical Test Refusal: 1 year revocation, a mandatory alcohol assessment followed by education treatment and mandatory ignition interlock. This is a civil offense in Wisconsin.
  • Second offense Chemical Test Refusal: 2 year revocation, a mandatory alcohol assessment followed by education treatment and mandatory ignition interlock. This is a civil offense in Wisconsin.
  • Third or greater offense Chemical Test Refusal: 3 year revocation, a mandatory alcohol assessment followed by education treatment, and mandatory ignition interlock. This is a civil offense in Wisconsin.

NOTE:

  • Occupational licenses are available during most revocations when there have been no previous suspensions or revocations during the preceding 12 months.
  • Unless undue hardship would ensue, whenever Ignition Interlock is mandated every vehicle titled in the offender’s name must be equipped with an IID device and the offender’s privilege to operate is restricted to vehicles equipped with an IID.
  • Prohibited Blood/Breath alcohol levels are .08 for first, second and third offenses, .02 for fourth and subsequent offenses and for all commercial motor vehicle offenses.
  • Forfeitures and fines double, triple and quadruple at blood/breath alcohol levels exceeding .17, .20 and .25 respectively.
  • Repeat offenders may also face penalties that include vehicle forfeiture and installation of an ignition interlock device.

Contact A Waukesha County OWI Defense Attorney

If you or a family member has been arrested for drunk driving, contact Buting, Williams & Stilling, S.C. to schedule a free initial consultation with an OWI defense attorney.

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)