In Wisconsin, operating a motor vehicle while intoxicated is a serious crime. However, not all instances of OWIs/DUIs are judged equally. The presence of aggravating factors can influence the severity of the OWI punishment and lead to more jail time and heavier fines. If you are currently facing an aggravated OWI charge in Wisconsin, you can talk to a drunk driving criminal defense attorney to understand the charges and your legal options.
Aggravated OWI/DUI in Wisconsin
In Wisconsin, driving with a blood alcohol level of more than 0.08 percent is considered operating while intoxicated, or OWI, the state’s term for a DUI. The penalty for a first-time OWI is a fine between $150 and $300 and a license suspension between six and nine months.
However, additional considerations can increase the severity of the crime, leading to a more severe OWI punishment. These additional considerations are called aggravating factors. If aggravating factors are present, you can receive a harsher OWI punishment than you would have received otherwise. Common aggravating factors for an OWI include:
- Having a minor under the age of 16 as a passenger
- Having a BAC of 0.15 percent or higher
- Prior OWI convictions within the past 10 years
- Causing a crash that injures or kills someone
- Using drugs or other intoxicants in addition to alcohol
- Driving without a valid driver’s license
These are not the only factors that can lead to a harsher OWI punishment, but they are some of the most common. Other aggravating factors could include a lack of remorse, being combative during arrest, or the victim’s vulnerability (e.g., if they were a senior citizen or child).
Punishments for Aggravated OWI in Wisconsin
Wisconsin criminal law doesn’t have a specific statute defining an “aggravated OWI,” but it does define enhanced OWI penalties for some specific aggravating factors. These harsher penalties can apply even on a first-time OWI charge. For example,
- A first-time OWI can result in a six-month jail sentence if there was a minor under the age of 16 in the car.
- An OWI causing injuries with previous OWI convictions can carry up to six years in prison and a fine of up to $10,000
- For most OWI offenses, having a BAC over 0.15 percent will require you to attend a 24/7 sobriety program or install an ignition interlock device (IID) in your car.
- A second offense OWI in less than 10 years can carry an additional six-month jail term and increase the minimum license revocation period from six to 12 months.
Are there Mitigating Factors for OWIs in Wisconsin?
Just as there are aggravating factors that can increase OWI criminal penalties, there are mitigating factors that can decrease OWI penalties. Wisconsin gives judges some discretion in OWI sentencing, so they can consider factors to decrease punishments. Possible mitigating factors in an OWI could include:
- Conduct during the arresting event and criminal proceedings
- A clean driving record with no prior traffic convictions
- Remorse and willingness to seek therapy for substance abuse problems
- Age of previous OWI convictions
Mitigating factors can result in lower fines, smaller jail sentences, or shorter license suspension periods.
Contact an Aggravated OWI Attorney Today
Aggravated OWI charges are even more serious than typical charges and necessitate a serious legal response. The criminal defense team at Jasti, Zehawi & Johnson LLC can assess your case and discuss strategies for dealing with aggravated OWI charges. The right lawyer can make a difference for your freedoms and livelihood, so don’t delay. Contact our office today for a case consultation with an experienced and knowledgeable OWI attorney in Wisconsin.