What are the Punishments for DUI?
Driving under the influence, or DUI, is a legal term used to describe an operator of a motor vehicle when he or she is driving with a blood alcohol content (BAC) of 0.08 percent. A 0.08 percent BAC is considered illegal in Milwaukee, Waukesha, and throughout Wisconsin.
Operating a vehicle while intoxicated (OWI) is a term not limited to the condition of a 0.08 percent BAC, but also applies to situations in which drivers operate motor vehicles under the influence of an intoxicant, with a detectable amount of a restricted controlled substance in the blood, and while under the influence of any other drug or controlled substance in addition to alcohol. Driving under the influence is not only dangerous to the safety of yourself and others on the road, but also can result in serious legal penalties. If you have been arrested for DUI you should consult with knowledgeable attorneys as soon as possible.
DUI first offense
The first time a driver commits an offense of drunk driving in Milwaukee, he or she is fined $150, which is doubled if a person under the age of 16 was in the vehicle at the time of the offense. A $365 OWI surcharge and an alcohol assessment are added if the BAC of the offender is over 0.10 percent and for all first OWI convictions. The license of the offender will be revoked for six months, which can be extended if a person under the age of 16 was in the vehicle at the time of the offense.
Additionally, the traffic record of the offender is marked with six demerit points, although more may be added if the driver was unlicensed or newly licensed. The drunk driver will be immediately eligible to apply for an occupational license to drive between home and work or school.
DUI second offense
A DUI second offender is punished by fines starting at $350 and capped at $1,100, with an additional $365 OWI surcharge. The offender is subject to a minimum jail sentence of five days, which can be extended up to six months. A twelve to eighteen month license revocation may be accompanied by vehicle immobilization or equipping any vehicle used, owned by, or titled or registered under the name of the offender with an ignition interlock device (IID), which is mandatory if two or more offenses were committed within five years by the offender.
The second-time drunk driving offender must take an alcohol assessment and receive six demerit points on his or her traffic record. He or she will be eligible for an occupational license after sixty days if an assessment is completed, compliance is met with a driver safety plan, and absolute sobriety is maintained. Twelve months are required to elapse for a second-time DUI offender to be considered eligible for an occupational license if two or more offenses occurred within five years.
DUI third offense
The third time a driver commits a DUI offense, he or she is fined between $600 to $2,000. The fine is determined by their BAC. If someone under the age of sixteen was in the vehicle at the time of the offense, an additional $365 OWI surcharge can be added. The third-time DUI offender is punishable by a jail sentence of thirty days to one year and a two- to three-year license revocation. The vehicles in use by the offender may be immobilized, equipped with IID, or seized and forfeited. An alcohol assessment will be taken and six demerit points added to the traffic record of the offender.
The third-time offender becomes eligible for an occupational license ninety days after completing an assessment, complying with a driver safety plan, and maintaining absolute sobriety. If two or more offenses occurred within five years, the driver must wait twelve months to be eligible for an occupational license.
Contact a DUI attorney who will persistently defend your rights
If you were arrested for drunk driving in Milwaukee, you need a DUI defense lawyer with a reputation for winning cases. In Milwaukee and Waukesha, our DUI attorneys will fight to defend your rights. For a free initial consultation with a persistent DUI attorney in Southeastern Wisconsin, make an appointment at the law firm of Hayes & Rothstein.
