Wisconsin Drunk Driving Laws

There’s no way to dispute the dangers of drinking and driving. Every year, thousands of people are injured and killed by impaired drivers, and driving under the influence (DUI) is one of the leading causes of auto accidents in the United States. Yet despite the overwhelming evidence, countless drivers are arrested and charged with DUI across the country—and those who are arrested in Wisconsin face some of the toughest legislation on the books. As a result, even a first-time DUI conviction can carry a number of harsh penalties under Wisconsin drunk driving laws.

In Wisconsin, a driver can be charged with DUI if he or she has an illegal blood alcohol content (BAC). A term used to express blood-to-alcohol ratio, BAC measures the amount of alcohol a driver has in his or her bloodstream. Because federal law considers anyone with a BAC of 0.08% or more to be legally impaired, you will be arrested for DUI if a chemical test indicates you have a BAC above this limit—regardless of your ability to drive.

Like most states, Wisconsin lawmakers have passed additional BAC guidelines to restrict the amount of alcohol certain drivers are permitted to have in their system. For example, if you are under 21, driving with a BAC of 0.02% or more warrants an arrest under state law, while commercial vehicle operators are deemed impaired once their BAC reaches 0.04%.

State law requires all drivers to submit to chemical testing if a member of law enforcement requests the procedure. As a result, if you are asked to take a breathalyzer or submit a blood or urine sample, you can be arrested for refusing—and in some cases, you may even face harsher penalties than a person who failed the test.

If you are convicted of DUI and it is your first offense, the maximum penalties you can receive under the state's sentencing guideline include a $300 fine, nine-month license suspension, and mandatory alcohol assessment. On the other hand, if you have a prior conviction on your record, a subsequent charge carries up to $1,100 in fines, an 18-month license suspension, and a six-month jail sentence. In addition, you may also be required to have an ignition interlock device installed in your vehicle and/or ordered to undergo treatment for substance abuse—and these penalties will continue to increase with each subsequent conviction.

Fortunately, being arrested for DUI does not mean that you will be convicted of the charges in court. In fact, with the right defense strategy, you may be able to reduce or avoid many of the penalties listed above—and in some cases, your charges may even be dismissed entirely.

To determine the best course of action for your situation, submit your information online today to schedule a free, no obligation consultation with an experienced DUI defense attorney in your area.