5 Facts You Need to Know About Wisconsin DUI Laws

Understanding DUI laws in Wisconsin is crucial for anyone who drives, as the consequences of a conviction can be severe and life-altering. Whether you’re a resident of Wisconsin or simply passing through, knowing the specifics of these laws is helpful information.

In this article, we will share five essential facts about Wisconsin DUI laws that everyone should know. From understanding the legal limits to recognizing the importance of hiring a specialized Milwaukee DUI attorney, our goal is to provide you with valuable insights to protect your rights and future. So let’s get started with these five essential facts, plus additional resources for those dealing with a DUI conviction and seeking support from an OWI lawyer.

Article Summary:

1. Wisconsin operates under a “per se” law for DUIs
2. Refusing a breathalyzer test can result in penalties
3. You can still be charged with DUI even if your BAC is below the legal limit
4. Penalties for a first time DUI conviction can include fines and license suspension
5. Repeat offenses can lead to harsher penalties
6. The Role of a DUI Attorney
7. Tips for Avoiding a DUI in Wisconsin
8. Fenton Law: Your Trusted Milwaukee DUI Attorney

1. Wisconsin operates under a “per se” law for DUIs

Wisconsin is one of many states that utilizes a “per se” law for DUIs, meaning that if your blood alcohol concentration (BAC) is above the legal limit of 0.08%, you are automatically considered to be driving under the influence. This takes away any argument about whether or not you were actually impaired while behind the wheel and puts all focus on your BAC.

The legal limit in Wisconsin is the same that applies in all 50 states across the United States. However, if you are under 21 years old, Wisconsin also has a zero-tolerance policy for underage drinking and driving. This means that any amount of alcohol in your system while operating a vehicle is considered illegal and can result in penalties. Read more on this in our previous post “The Role of Blood Alcohol Content (BAC) in Milwaukee DUI/OWI Cases.”

2. Refusing a breathalyzer test can result in penalties

Refusing a breathalyzer test in Wisconsin carries significant penalties that can severely impact an individual’s legal standing and driving privileges. Under Wisconsin’s implied consent law, drivers are deemed to have given their consent to chemical testing just by operating a vehicle on public roads. If a driver refuses to take a breathalyzer test when suspected of driving under the influence, they face automatic penalties, including the possibility of license suspension and other potential fines or criminal charges.

This refusal is treated as a separate offense from the DUI charge itself and can lead to increased difficulties in legal defense and harsher overall consequences. It is crucial for drivers to understand that refusing the test does not negate suspicion of driving under the influence but instead introduces additional legal challenges.

3. You can still be charged with DUI even if your BAC is below the legal limit

As mentioned earlier, Wisconsin’s “per se” law means that any BAC above 0.08% is considered illegal. Law enforcement officers have the discretion to arrest individuals if they exhibit signs of impairment that compromise their ability to operate a vehicle safely, regardless of their BAC level. This means that observable behaviors such as erratic driving, delayed reaction times, or difficulty performing standard field sobriety tests can all serve as grounds for a DUI charge.

Additionally, the presence of drugs or a combination of alcohol and drugs in a driver’s system further increases the likelihood of being charged. It’s essential to recognize that the legal limit is not an absolute safeguard; responsible and cautious driving should always be prioritized to avoid potential DUI charges.

4. Penalties for a first time DUI conviction can include fines and license suspension

For individuals facing their first DUI conviction in Wisconsin, the penalties can be quite severe, encompassing fines, license suspension, and other legal consequences. A first-time offense typically results in a fine ranging from $150 to $300, but the financial impact doesn’t stop there, as additional court costs and fees can significantly increase the total amount owed.

Beyond the financial burden, offenders may experience a mandatory license suspension and in some cases, the court may also require participation in an alcohol assessment and treatment program, adding both time and cost commitments.

5. Repeat offenses can lead to harsher penalties

In Wisconsin, repeat DUI offenses are met with increasingly severe penalties, reflecting the state’s strong stance on deterring habitual impaired driving. For a second offense, individuals can expect fines of up to $1,100, mandatory jail time and a license revocation. Subsequent violations bring even stiffer consequences, including longer jail sentences, heftier fines, extended periods of license revocation, and mandatory installation of an ignition interlock device.

Additionally, repeat offenders may face more intensive alcohol treatment programs and community service requirements. These escalating penalties highlight the seriousness with which Wisconsin treats repeat DUI violations, emphasizing the critical need for drivers to avoid repeat or multiple DUI offenses.

6. The Role of a DUI Attorney

A specialized DUI attorney brings a deep understanding of your state’s DUI laws and has the expertise to challenge the evidence presented against you. From the moment you’re charged, your attorney will provide critical guidance, from advising you on how to handle initial police interactions to developing a robust defense strategy.

They will meticulously examine every detail of your case, including the legality of the traffic stop, the administration of sobriety tests, and the handling of evidence. Additionally, a seasoned DUI lawyer can negotiate with prosecutors for reduced charges or alternative sentencing options, such as alcohol education programs or community service.

7. Tips for Avoiding a DUI in Wisconsin

Avoiding a DUI in Wisconsin starts with making responsible choices before you even get behind the wheel.

• Plan ahead if you intend to drink alcohol by designating a sober driver, using rideshare services like Uber or Lyft, or opting for public transportation.
• Know your own limits and understand that even small amounts of alcohol can impair your driving abilities.
• Consider staying overnight at a friend’s house or booking a nearby hotel room instead of driving after drinking.
• Stay informed about Wisconsin’s DUI laws and the severe penalties associated with violations to reinforce the importance of making responsible choices.

8. Fenton Law: Your Trusted Milwaukee DUI Attorney

It’s crucial to seek legal representation from a trusted and experienced Milwaukee drunk driving lawyer if you are facing charges. At Fenton Law, we have a team of skilled attorneys dedicated to defending the rights of those accused of DUI offenses. We will work tirelessly to build a strong defense and fight for the best possible outcome in your case. Contact us today for a free consultation.