Skilled Defense For Those Charged With Operating While Intoxicated

Facing an Operating While Intoxicated (OWI) charge in Wisconsin can be overwhelming, but you do not have to face this criminal defense matter alone. My firm, Zegiel Law Offices, LLC, serves clients across the state of Wisconsin, with offices in Racine.

Successfully defending a DUI charge requires immediate attention from a knowledgeable OWI lawyer. Wisconsin OWI law carries severe penalties that can impact your life, job and freedom, even for a first offense. Building a strong defense requires an in-depth understanding of the law.

At Zegiel Law Offices, LLC, I stand as a powerful courtroom advocate and an empathetic partner focused on the client’s peace of mind. I will build a comprehensive defense strategy that prioritizes the most favorable outcome for you. As an OWI attorney, I am dedicated to providing clear guidance and strong representation from the moment you reach out.

Defining What Constitutes An OWI Charge

An OWI charge in Wisconsin is broader than simply driving a vehicle while drunk; the law covers operating a motor vehicle or other device while under the influence of an intoxicant, a restricted controlled substance or any combination thereof. This encompasses being physically unable to safely operate a vehicle due to intoxication, even if your blood alcohol concentration (BAC) is below the legal limit. This broader definition is why you need a dedicated OWI defense lawyer.

An OWI charge arises when the operator is driving or operating a motor vehicle while:

• Having a Prohibited Alcohol Concentration (PAC) of 0.08% or more (for a first or second offense)
• Having a BAC of 0.02% or more if you have three or more prior OWI convictions
• Under the influence of an intoxicant to a degree that makes the person incapable of safely driving
• Having any detectable amount of a restricted controlled substance in your blood
• Under the influence of any drug or combination of drugs that impairs driving ability

The law’s definition of “operating” is extensive; it can include merely exercising physical control over a vehicle’s movement, not just actively driving. For anyone facing these serious charges, consulting with an OWI lawyer is critical.

Repeat OWI Offenses: Escalating Penalties And Consequences

Wisconsin treats repeat OWI offenses with increasing severity, moving quickly from typically a civil violation for a first offense to a criminal misdemeanor for a second and third offense, and eventually to a felony charge. Having a knowledgeable DUI lawyer is crucial when facing a 2nd DUI, 3rd DUI or subsequent DUIs to minimize the impact on your life. The penalties for repeat DUIs grow harsher, including:

• Second OWI: A criminal misdemeanor offense punishable by mandatory jail time (5 days to 6 months), significant fines and a minimum 12-month license revocation
• Third OWI: A criminal misdemeanor offense with substantially increased mandatory jail time (45 days to 1 year), higher fines and a 2- to 3-year license revocation
• Fourth OWI: A felony offense if committed within 15 years of the third offense, carrying a potential prison sentence and large fines
• Fifth/subsequent OWIs: Serious felonies with multiyear mandatory prison sentences, carrying maximum confinement terms of 10 to 15 years

All second and subsequent OWI offenses, as well as first offenses with a high PAC (0.15% or greater), require the installation of an Ignition Interlock Device (IID). The potential for a felony conviction and long-term imprisonment makes hiring a proficient OWI attorney vital.

Strategic Legal Defense Approaches For OWI

Fighting an OWI charge requires an evaluation of the entire interaction with law enforcement. Every detail, from the initial stop to the final test, can contain the key to a successful defense. I thoroughly examine all evidence, police reports and video footage to build the strongest possible case for my clients.

The defense strategy begins with questioning the prosecution’s case, focusing on procedural errors and flaws in the evidence. I meticulously investigate whether law enforcement followed proper protocol at every stage of the process. My goal is to suppress evidence that was obtained illegally or to create reasonable doubt about the accuracy of the state’s claims.

OWI defense strategies I employ include:

• Challenging the initial stop: Arguing that the officer lacked the necessary reasonable suspicion to legally pull over your vehicle, which can lead to suppressing all evidence obtained afterward
• Lack of probable cause for arrest: Contesting whether the officer had sufficient probable cause to justify the OWI arrest following the stop
• Inaccuracy of field sobriety tests (FSTs): Demonstrating that FSTs were administered improperly, or that conditions affected the results
• Challenging chemical test reliability: Investigating the calibration and maintenance records of the breathalyzer device, or the proper handling and analysis of blood or urine samples
• The retrograde extrapolation defense: Arguing that your BAC was below the legal limit at the time of driving

These are examples of the defense strategies available to a skilled DUI attorney. At Zegiel Law Offices, LLC, I will tailor a robust defense that addresses the weaknesses in the prosecution’s evidence against you.

Common Questions On Wisconsin OWI

You likely have many concerns about your OWI charge right now. To provide clarity, I have answered some common questions about OWI below.

What will be the consequences of pleading guilty to one of these offenses?

Pleading guilty leads directly to the imposition of penalties, including fines, license revocation and potentially jail or prison time for subsequent offenses. Beyond these penalties, a conviction creates a criminal record that can affect your employment prospects, housing and professional licensing. It also significantly increases your auto insurance rates for many years to come.

What if the officer pulled me over without legal justification?

If the officer lacked the required legal justification (reasonable suspicion) to stop your vehicle, your constitutional rights under the Fourth Amendment may have been violated. In such a scenario, your attorney can file a motion to suppress all evidence that resulted from the illegal stop. If a judge grants this motion, the prosecution may be left with insufficient evidence to prove their case.

What will be the immigration consequences? Will I be deported? Will ICE take me into custody?

For non-U.S. citizens, a conviction for a criminal OWI (second or subsequent offense) can have very serious immigration consequences, which may include inadmissibility or even deportability. Any drug-related OWI or OWI causing injury can lead to mandatory detention and removal proceedings. As an attorney who understands both criminal and immigration law, I can help you understand the life-altering choice of a plea.

Can an OWI be dismissed in Wisconsin?

Yes, though this is never guaranteed. Dismissals most often occur when a defense lawyer successfully challenges the legality of the traffic stop, the arrest or the accuracy of the chemical test results. If the court suppresses key evidence, the prosecutor may be forced to drop the charges because they can no longer prove the case beyond a reasonable doubt.

Do Not Delay: Secure Your Free Consultation Today

The single most important step you can do now is to take prompt and informed action on your case. As your OWI attorney, I will immediately scrutinize the evidence and challenge legal errors to build your DUI defense. Contact me from my Racine offices to schedule your free 30-minute initial consultation. Reach out via 262-360-0103 or fill out my online contact form; I am bilingual in English and Spanish.