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Most Common OWI Charges After a Milwaukee Summer Festival
Every summer, Milwaukee transforms into a city of music, food, and celebration. From the grounds of Summerfest to neighborhood block parties and beer gardens, the city’s summer calendar is packed with fun ways to gather with friends and enjoy a cold drink in the sun. But for some festivalgoers, the season ends not with fond memories but with flashing lights in the rearview mirror and an arrest for operating while intoxicated (OWI).
In Wisconsin, OWI charges carry serious consequences that can affect your freedom, career, and reputation. Milwaukee police and the Wisconsin State Patrol increase enforcement during festival season, which means even one mistake after a long day of festivities can put you on the wrong side of the law.
Understanding how these arrests happen and the most common charges drivers face is important for protecting yourself from arrest and preparing your defense if you have already been charged. Our Milwaukee OWI defense attorneys know good people make mistakes and are here to discuss your case, judgement-free, as soon as you are ready.
Festival Season Leads to More OWI Arrests in Milwaukee
Milwaukee’s summer festival scene is one of the busiest in the Midwest. With live music, food, and drinks on nearly every corner, alcohol is a part of the culture. Events like Summerfest draw hundreds of thousands of visitors to the city, creating heavy traffic and increased police presence on busy roads and near venues.
The combination of drinking and driving home late at night when visibility is reduced and fatigue sets in creates the perfect storm for OWI arrests. Many drivers believe they are fine to drive after waiting an hour or drinking coffee, but Wisconsin’s .08 BAC (blood alcohol concentration) limit means even two or three drinks can put you over the legal limit.
Major Milwaukee Summer Festivals
Some of the largest and most heavily policed festivals in Milwaukee include:
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Summerfest at Henry Maier Festival Park, advertised as "The World’s Largest Music Festival," lasting 9 days with hundreds of performers.
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Wisconsin State Fair, with beer gardens and late-night concerts just outside the city in West Allis.
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Festa Italiana, German Fest, and Polish Fest, cultural celebrations with food and drink from around the world.
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Brady Street Festival and Bastille Days, neighborhood block parties where alcohol flows freely.
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Harley-Davidson Homecoming Festival, bringing in bikers from across the country.
Police often set up saturation patrols and sobriety checkpoints near these events, especially during closing hours.
Example: A First-Time Wisconsin OWI After Summerfest
A 26-year-old man went to Summerfest for the day, sipping on craft beers over several hours and listening to his favorite band. Feeling confident that he had paced himself, he left the grounds around midnight and began driving home. Just blocks from the festival, a Milwaukee police officer pulled him over for a burned-out taillight. The officer detected the smell of alcohol and gave the man a field sobriety test.
When he failed the field sobriety test, the man was brought in for chemical testing, which revealed a BAC of .09, slightly over Wisconsin’s legal limit. Even though it was his first offense, he faced a fine, a six-month license revocation, and mandatory enrollment in an alcohol assessment program. He also suffered the embarrassment of a public arrest and the stress of increased insurance premiums.
Example: Felony OWI After Wisconsin State Fair
In a more severe case, a 45-year-old woman was arrested after leaving the Wisconsin State Fair. She had two prior OWI convictions and, this time, was pulled over for weaving between lanes. Her BAC was .12 percent. Because it was her third offense, prosecutors charged her with a felony OWI, exposing her to up to 12 months in jail, steep fines, and a mandatory ignition interlock device installed in her car.
The situation worsened because her 10-year-old niece was in the back seat. Wisconsin law adds enhanced penalties when a minor under 16 is a passenger in an OWI case, meaning the woman faced even harsher consequences for her decision to drive after drinking.
Common OWI Charges and Their Consequences
First-time OWI offenses in Wisconsin are typically treated as civil violations rather than crimes, unless there are aggravating circumstances. A first-offense driver can expect a license suspension, fines, and mandatory alcohol education. However, if the driver’s BAC is particularly high (.15 or greater), they may be ordered to install an ignition interlock device even on a first offense.
For second or subsequent OWI offenses, the penalties escalate sharply. Repeat offenses are classified as misdemeanors or felonies depending on the number of prior convictions. A second offense can result in mandatory jail time and a multi-year license revocation.
OWI causing injury is another common charge after Milwaukee festivals. This occurs when a driver under the influence is involved in a crash that injures another person. Prosecutors treat these cases aggressively, often seeking felony charges and significant prison sentences.
Finally, OWI with a minor passenger is an offense that doubles potential penalties. Wisconsin law views driving intoxicated with a child in the car as an especially egregious act, and judges rarely show leniency in such situations.
What Happens After an OWI Arrest?
After an OWI arrest in Milwaukee, you will likely face two separate proceedings: An administrative license suspension through the Wisconsin Department of Transportation and a criminal or civil case in court. The administrative suspension can take effect quickly, sometimes within 30 days of arrest, unless you request a hearing to contest it.
In court, the prosecution will use evidence such as field sobriety tests, breath or blood test results, and the officer’s observations to build their case. However, these cases are not always as strong as they appear.
Legal Defenses to OWI Charges
An experienced OWI defense attorney can scrutinize the circumstances of the arrest for errors. In some cases, field sobriety tests are improperly conducted, breath testing machines are not calibrated correctly, or the initial traffic stop lacked probable cause. Medical conditions such as acid reflux or diabetes can also produce misleading BAC results.
Challenging this evidence requires in-depth knowledge of Wisconsin’s OWI laws and the technical aspects of breath and blood testing.
Contact a Milwaukee, WI DUI Defense Attorney
If you were arrested for OWI after a Milwaukee summer festival, you do not have to face the charges alone. A Milwaukee, WI OWI defense lawyer at Gimbel, Reilly, Guerin & Brown, LLP can evaluate your case, identify potential defenses, and fight to protect your freedom and driving privileges. Call 414-271-1440 today to schedule a consultation and begin building your defense.
