If you are facing a second OWI charge in Wisconsin, you are facing steep penalties. The penalties that are on the table are even steeper if your prior OWI conviction was within the past 10 years. In this scenario, you are facing mandatory minimum penalties—including mandatory jail time—and you will need to defend yourself successfully to avoid these (and other) life-altering consequences.
Successfully defending against a second OWI charge requires experienced legal representation. As you may know from your prior case, prosecutors and judges in Wisconsin take drunk driving charges very seriously. Wisconsin’s OWI laws are strict as well, and knowing how the law applies under the specific circumstances of your case is vital for making informed decisions about your defense.
Mandatory Minimum Jail Time
While a standard first OWI offense in Wisconsin does not carry jail time, a second OWI within 10 years carries a mandatory term of incarceration. If you get convicted of a second OWI within 10 years, you will face:
- A mandatory minimum jail sentence of five days; and,
- A maximum jail sentence of up to six months.
This assumes that your case does not involve any special circumstances or aggravating factors. If, for example, you had a minor under the age of 16 in your vehicle or you are being accused of causing a serious or fatal accident while driving under the influence, you could be facing anywhere from 10 days to 10 years of prison time.
The 10-Year Look-Back Rule
As mentioned above, you are only facing mandatory jail time if your prior conviction occurred within the past 10 years. This is known as the “10-year look-back rule.” If you have a prior OWI conviction that is more than 10 years old, you are facing the same penalties as a first-time offender.
IID Installation Requirements
For a second OWI within 10 years, once you get out of jail and get your driver’s license back, you will be required to install an ignition interlock device (IID) in each of your vehicles in order to restore your driving privileges. You will be required to keep an IID installed in each of your vehicles for anywhere from 12 to 18 months.
You must install each IID at your expense, and you will need to pay for monitoring as well. You will also have to pay to have your IIDs removed. This alone can add more than $1,500 to the cost of your OWI.
Occupational License Eligibility
In Wisconsin, a second OWI within 10 years carries a 12- to 18-month driver’s license revocation. However, you may be eligible to obtain an occupational license after 45 days. Obtaining an occupational license allows you to drive for the following purposes:
- Going to work
- Going to school
- Going to your place of worship
- Going to the grocery store, bank, and pharmacy
- Taking your children to school or day care
- Attending medical appointments
- Completing your Intoxicated Driver Program (IDP)
When you have an occupational license, you are not allowed to drive for recreational purposes, and you are not allowed to drive a commercial motor vehicle (even if you have a CDL). Your occupational license will also specify the hours that you are allowed to drive; and, as the Wisconsin Department of Transportation (DOT) makes clear, “[i]f you operate a motor vehicle outside the specified hours or for a purpose not listed on the occupational license, you can be cited for operating after suspension or revocation.”
Challenging the Stop in Madison
Regardless of whether you have a prior OWI on your record, prosecutors must be able to prove your guilt beyond a reasonable doubt to secure a conviction in Wisconsin state court. The fact that you have a prior OWI has no bearing on whether you are guilty in your current case.
Depending on the circumstances of your case, you may be able to use a variety of defense strategies to avoid unnecessary consequences. For example, one strategy you may be able to use is challenging the constitutionality of your traffic stop in Madison.
Any time you are driving, you are protected by the U.S. Constitution. Specifically, the Fourth Amendment to the U.S. Constitution prohibits the police from stopping drivers without a valid justification. In legal terms, this means the police must have “reasonable suspicion” to conduct a traffic stop.
If the police stopped you without reasonable suspicion in violation of your Fourth Amendment rights, this could render all of the evidence obtained following your traffic stop inadmissible in court. If prosecutors don’t have evidence they can use against you, they won’t be able to secure a conviction in court. Types of evidence that can be rendered inadmissible by an unconstitutional traffic stop include (but are not limited to):
- The police officer’s observations
- Dash camera or body-worn camera footage
- Your blood alcohol concentration (BAC) reading
- Your field sobriety test (FST) results
- Your statements to the police
When you hire an experienced Madison OWI defense lawyer to represent you, your lawyer will be able to assess whether challenging the constitutionality of your traffic stop is a viable defense strategy. If this is a viable defense strategy in your case, your lawyer can seek to have your case dismissed based on the fact that prosecutors won’t be able to prove your guilt at trial.
Schedule a Free Consultation with a Madison OWI Defense Lawyer Today
If you are facing a second OWI charge in Madison, Wisconsin, we encourage you to contact us promptly for more information. To discuss your case with an experienced Madison OWI defense lawyer in confidence, call 608-305-4518 or tell us how we can reach you online now.
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