By Attorney Cameron Weitzner

In Wisconsin, a law enforcement officer can pull you over if they have reasonable suspicion that you are operating your vehicle while intoxicated (OWI). This can be a stressful situation whether or not you have been drinking, and it is important that you know how to approach it to avoid possibly making things worse. An unintentional mistake could lead to additional legal consequences or make it more difficult for you to contest the charges against you in a criminal proceeding.

What to Do When an Officer Pulls You Over

If you see that an officer is trying to pull you over, here are some suggestions for how to handle the situation:

Drunk driving is a serious threat to the safety of everyone who uses the road. Across the United States, there are an average of more than 10,000 fatalities every year in car crashes involving a driver who is under the influence of alcohol.

The penalties for driving while under the influence are severe, and an arrest for operating while intoxicated (OWI) can result in substantial fines, jail time, driver’s license suspension, mandatory alcohol addiction assessment and counseling, and the requirement to use an ignition interlock device (IID) in one’s vehicle.

Even though the potential consequences of drunk driving are well-known, many people continue to get behind the wheel after drinking, believing that if they have had just one or two drinks, they will be able to drive safely. However, this type of activity, known as “buzzed driving,” is incredibly dangerous. Moreover, even if a driver’s blood alcohol content (BAC) is under the legal limit of .08 percent, he or she is still putting himself or herself and others at risk.

Being charged with an OWI at a young age can be detrimental to a teen’s future. For example, insurance premiums will increase and schools and employers will require disclosure of operating while intoxicated convictions.

If you or your child is facing OWI charges, a skilled criminal defense attorney can work with you to achieve a desirable outcome in your case.

How Common is Drunken Driving in Wisconsin?

Generally, jail terms are reserved for Wisconsin’s repeat OWI offenders. However, there are circumstances under which even a first-time offender can face serious penalties. It is important to understand these circumstances. Moreover, it is essential that you understand how to protect yourself, should you come up against any one of these serious situations.

Multiple OWI Convictions

If you receive a second offense OWI within a ten-year period, you can face up to six months in jail. Each repeat offense can increase your penalties and, by the time you reach your fourth offense, you could face consequences for a Class H felony, including up to six years of imprisonment, suspension of your license for up to three years, mandatory Interlock Ignition Device (IID) for up to three years and fines of up to $20,000. Additional convictions can increase your penalties even further.

When you make the mistake of driving while under the influence and then experience an accident that ultimately results in the death of another, the lives of two families are significantly altered: the victims, and yours. The type of impact is very different, however. For the victim’s family, there is the grief of losing a loved one. For you and your family, there is the guilt that often follows such accidents, the possibility of a prison sentence, and lives that are forever altered by the consequences of a criminal record. Each must find their own road to healing. Yours should begin with skilled legal representation for your OWI-DUI homicide case.

What Constitutes an OWI-DUI Homicide in Wisconsin

Although you had no intention of killing anyone, your alleged use of an intoxicant is, by legal statutes, considered reckless and/or negligent behavior. It is this factor that turns an accident into a homicide. Of course, this places a stipulation on the prosecution: they must be able to prove, beyond a reasonable doubt, that you were intoxicated above the legal limit, and that your behavior directly caused the death of another. This can be a critical element in your case. In some cases, it may even mean the difference between exoneration and severe penalties in an OWI-DUI accident case.