Fight My Drunk Driving

2009 Wis. Act 100 went into effect July 1, 2010. This is what is referred to as the New Drunk Driving Law. The New Drunk Driving Law is significantly different in certain areas than it was in the past.

Probation: Under the new law, courts are allowed to order probation as a portion of the sentence for second and third offense OWI charges. Under the old law, this was not allowed. However, an offender must serve the mandatory minimum jail sentence which is five days or 30 days for each offense.

First offense with a minor in vehicle: A first offense OWI will now be treated as a criminal violation if the offender had a minor child in the vehicle that is under age 16. Penalties would be those that are similar to penalties for a second offense OWI. (12-18 month revocation of license, 5 days to 6 months in jail, and a $350.00 to $1100.00 fine plus costs, Ignition Interlock Device.)

Ignition Interlock Device: The new law requires Ignition Interlock Devices in many more situations. A first offense OWI case is required to have an Ignition Interlock Device is the BAC is .15 or higher. All second offense OWI cases are now required to have an Ignition Interlock Device. Additionally, there are significant penalties for removing, interfering, disconnecting or tampering with an Ignition Interlock Device. The new law also requires proof of installation of the Ignition Interlock Device within two weeks of issuance of the Interlock Device Order to qualify for HUBER release privileges.

There is also a lower BAC level for persons who are subject to an Ignition Interlock Device Order. That means that the legal limit for individuals operating with an Ignition Interlock Device is .02. This is regardless of whether this is a second or third offense.

The .08 to .099 PAC violations: The new law eliminated the .08 - .099, commonly referred to as Baby Drunk Driving Charge. That means that all OWIs, even .08 - .099 will remain on record for life.

Occupational License Waiting Period: The new law required only a 45 day waiting period for an occupational license.

Changes in the Penalties for OWI: The new law changes the penalties for an OWI. The information on this is currently being updated on this site. Please call Attorney Piel at (877) 384-1384 in the interim with questions on penalties.