Portage WI DWI Attorney
Fighting to Protect Your Freedom and Driving Privileges
Being arrested for a Wisconsin DWI can be a frightening experience and lead to profound legal implications. For example, your driver’s license can be suspended, and depending on the circumstances, you could be ordered to serve time in jail.
Anyone who has been charged with DWI must seek the help of a qualified criminal defense attorney immediately. A DWI can help you navigate the confusing legal process involved in DWI cases and create effective legal strategies that will help protect your freedom and reputation.
Contact Casper Mehlos Law Group, LLC today to schedule a free consultation to assess your case and determine how we can help.
What is the Difference Between DWI and OWI in Wisconsin?
DWI is a common acronym used in many states to describe Driving Under the Influence. However, Wisconsin uses the term OWI to describe Operating Under the Influence. Operating Under the Influence broadens the legal scope of the police’s ability to press charges, instead of only limiting them to individuals who are driving.
Under the law, an individual suspected of OWI may be charged if they are in the car with the motor running and their BAC is over .08%. However, although OWI is the official term used in Wisconsin, DWI is still often used to describe drunk driving charges.
Wisconsin law is strict on OWIs, and its prosecutors are aggressive when prosecuting cases. Anyone facing charges must hire a skilled attorney to help them fight the charges and avoid the other legal implications that can follow a conviction.
When Can You Be Arrested for Drunk Driving in Wisconsin?
State OUI laws make it illegal for a driver 21 and over to operate a motor vehicle with a blood or breath concentration (BAC) of .08% or greater. OWI laws go on to further stipulate that it is also illegal to operate a vehicle while under the influence of controlled substances or intoxicants or having detectable amounts in their blood.
Wisconsin has a zero-tolerance policy for drivers who are under the age of 21, meaning if any alcohol is found in their system, they can be charged with OWI.
It is also important to note that drivers with three or more prior OWI convictions may only have a BAC of .02% or less under Wisconsin law. For these drivers, anything over the legal limit can result in felony charges and their license being permanently revoked.
If you have been arrested for a Wisconsin OWI, you must hire a defense lawyer with extensive experience helping clients protect their driver’s licenses. Our law firm has a proven reputation for obtaining the best possible results for clients and would be honored to assist you with your legal needs.
Can a Person Be Arrested for OWI if They are Driving Under the Influence of Marijuana?
Unlike neighboring states such as Illinois and Michigan, recreational use of marijuana is not legal in Wisconsin. Under state OWI laws, individuals found to be under the influence of marijuana or other drugs may be charged with a crime.
Just as with other recreational drugs and alcohol, marijuana can cause driver impairment, including a slowed reaction time, diminished concentration, and altered depth perception. Because Wisconsin prosecutors are committed to upholding stringent OWI laws, anyone who has been arrested for operating a motor vehicle under the influence of drugs should not take the matter lightly.
Any OWI conviction can have a severe legal and financial impact on your life and family, making it challenging to achieve your goals. For example, a Wisconsin OWI conviction can impede your ability to get into college, especially if you are pursuing a career in the medical field. In other instances, an OWI will result in your driver’s license being suspended, limiting your ability to work and provide for your family.
If you have been arrested for an OWI related to drug charges, contact Casper Mehlos Law Group, LLC today to schedule an appointment so we can discuss your case.
What are the Penalties for a First-Time OWI?
If you have been arrested for a first-time OWI, you probably feel frightened about the penalties you may face. First-time OWI penalties may include your driver’s license being suspended between six and nine months, although, depending on the circumstances, you may be able to obtain an occupational license.
An occupational license allows you to drive for essential purposes, such as to and from work, school, medical appointments, and church.
You will also be ordered to pay a fine and court costs, but most likely will not receive jail time for a first offense. However, in cases where a minor was in the car, you could be sentenced to serve anywhere from five days to six months in jail and 30 days to one year in jail if there was an injury.
Regardless of the circumstances, you must also attend a mandatory Alcohol and Other Drug Assessment (AODA). If your BAC was .15% or higher, you must install an Ignition Interlock Device (IID) at your own expense.
Other implications accompanying any Wisconsin OWI include increasing insurance rates due to mandatory SR-22 coverage. Additionally, you could lose your job if your employment involves driving. If you hold a CDL, it will be suspended for one year, even if you were driving a personal vehicle at the time of the incident.
Can a Wisconsin OWI Be Expunged?
Although a first-time OWI is considered a civil offense, it will remain on your driving record permanently. However, any subsequent OWI convictions are considered criminal offenses and cannot be expunged.
That being the case, if you are convicted of a second OWI, you will have a misdemeanor on your permanent criminal record. A third OWI conviction is considered a felony. Because state law does not allow OWI convictions to be expunged, anyone facing DUI charges must have qualified legal representation to avoid a criminal record.
Casper Mehlos Law Group, LLC, has successfully represented clients facing OWI charges and helped them avoid convictions. Avoiding a conviction is the best way to avoid the legal implications of an OWI conviction.
When you come to us for help, we will aggressively defend your rights and ensure the prosecution treats you fairly.
Can I Count on Your DWI Lawyer to Help Me Win My Case?
Casper Mehlos Law Group, LLC, is committed to helping clients charged with OWI offenses. Our DWI lawyers realize that facing a civil or criminal DUI charge can be one of the most overwhelming situations anyone can ever endure.
Our attorneys will work with the prosecutor to try to have the charges dropped so you can continue your life. All too often, police officers fail to follow proper procedures when administering field sobriety or breathalyzer tests.
Depending on the facts of the case, we may be able to challenge the state’s evidence and ask that the charges be dropped.
Our attorneys will never encourage you to take a deal that is not in your best interest. Instead, we will work to create innovative legal strategies that will provide maximum results. Contact our Portage, WI law firm today at to schedule a free initial consultation so we may evaluate your case.
In addition to challenging the evidence, our experienced team understands the nuances of Wisconsin’s DWI laws and the importance of a strong legal defense.
We carefully review every detail of your case, including the circumstances of the traffic stop, the accuracy of the blood alcohol concentration tests, and whether your rights were fully protected throughout the process.
Our goal is to protect your driving privileges, minimize the consequences you face, and help you achieve the best possible outcome. We also provide guidance on related practice areas, such as license suspension hearings and plea deals, ensuring you are fully informed at each step.
Choosing the right DWI attorney can make a significant difference in your case. At Casper Mehlos Law Group, LLC, we offer transparent communication and flexible options, including flat fees, to make quality legal representation accessible. Our commitment is to fight aggressively on your behalf while keeping your best interests at the forefront.
Don’t wait to seek legal help after a DUI arrest. Early intervention allows us to begin reviewing your case promptly and develop an effective defense strategy. Whether you are facing a first-time charge or have prior convictions, our Portage DWI lawyers are here to support you through this difficult time and work toward protecting your future.