Is Drunk Driving a Felony in Wisconsin?
Direct Answer:
No, drunk driving is not a felony in Wisconsin. However, the consequences of being convicted of drunk driving (also known as Operating While Intoxicated (OWI)) in Wisconsin can be severe.
Wisconsin’s OWI Laws
Wisconsin has strict laws regarding drunk driving, which are designed to prevent accidents and reduce the risk of harm to oneself and others on the road. According to Wisconsin Statute §346.63, a person is guilty of OWI if they operate a motor vehicle while their blood alcohol concentration (BAC) is 0.08% or higher.
Penalties for OWI
The penalties for OWI in Wisconsin vary depending on the number of prior convictions and other factors. Here are the standard penalties for OWI in Wisconsin:
- First Offense:
- Fine: $400 to $1,000
- License suspension: 6-9 months
- Imprisonment: Up to 6 months
- Community service: 24-48 hours
- Second Offense:
- Fine: $600 to $1,500
- License suspension: 12-18 months
- Imprisonment: Up to 1 year
- Community service: 48-100 hours
- Third or Subsequent Offense:
- Fine: $1,000 to $2,000
- License suspension: 2-3 years
- Imprisonment: Up to 3 years
- Community service: 100-200 hours
Enhanced Penalties
In addition to the standard penalties, there are enhanced penalties for certain OWI offenses, including:
- High-BAC OWI: If your BAC is 0.15% or higher, you may face enhanced penalties, including a mandatory minimum fine of $600 and a mandatory minimum imprisonment of 30 days.
- Causing Great Bodily Harm: If you cause great bodily harm to another person while operating a motor vehicle while intoxicated, you may face enhanced penalties, including a mandatory minimum fine of $2,000 and a mandatory minimum imprisonment of 2 years.
- Causing Death: If you cause the death of another person while operating a motor vehicle while intoxicated, you may face enhanced penalties, including a mandatory minimum fine of $5,000 and a mandatory minimum imprisonment of 6 years.
Consequences of OWI Conviction
A conviction for OWI in Wisconsin can have serious consequences, including:
- License Suspension: Your driver’s license will be suspended for a period of time, which can range from 6 months to 3 years, depending on the number of prior convictions.
- Fines and Fees: You will be required to pay a fine, which can range from $400 to $2,000, depending on the number of prior convictions.
- Imprisonment: You may be required to serve a period of imprisonment, which can range from 6 months to 3 years, depending on the number of prior convictions.
- Community Service: You may be required to perform community service, which can range from 24 hours to 200 hours, depending on the number of prior convictions.
- Ignition Interlock: You may be required to install an ignition interlock device on your vehicle, which requires you to provide a breath sample before starting the vehicle.
- Increased Insurance Rates: Your insurance rates may increase significantly after an OWI conviction.
- Lost Income: You may lose income due to time spent in jail or serving a sentence.
Conclusion
While drunk driving is not a felony in Wisconsin, the consequences of being convicted of OWI can be severe. It is important to understand the laws and penalties surrounding OWI in Wisconsin to avoid the risks and consequences associated with drunk driving.
Table: OWI Penalties in Wisconsin
| Offense | Fine | License Suspension | Imprisonment | Community Service |
|---|---|---|---|---|
| First Offense | $400-$1,000 | 6-9 months | Up to 6 months | 24-48 hours |
| Second Offense | $600-$1,500 | 12-18 months | Up to 1 year | 48-100 hours |
| Third or Subsequent Offense | $1,000-$2,000 | 2-3 years | Up to 3 years | 100-200 hours |
Bullets: Key Points to Remember
- Drunk driving is not a felony in Wisconsin.
- The penalties for OWI in Wisconsin vary depending on the number of prior convictions and other factors.
- Enhanced penalties apply for high-BAC OWI, causing great bodily harm, and causing death.
- A conviction for OWI in Wisconsin can result in license suspension, fines, imprisonment, community service, and increased insurance rates.
- It is important to understand the laws and penalties surrounding OWI in Wisconsin to avoid the risks and consequences associated with drunk driving.
