OWI Attorneys for Kenosha and Racine Drunk Driving Defense
Drunk Driving in Wisconsin Carries Substantial Punishments, Avoid Fines and Jail with the Help of Expert Kenosha OWI Lawyers
Wisconsin takes drunk driving very seriously, if you get charged with an OWI in Kenosha or Racine you could be facing large fines, jail time, revocation of your license, and the installation of an Ignition Interlock Device (IID). The attorneys at the firm of Renée E. Mura S.C. will fight to get your drunk driving charge reduced or dropped.
DWI vs DUI vs OWI in Wisconsin
Though commonly referred to as a DWI (Driving While Intoxicated) or DUI (Driving under the Influence), the legal term for drunk driving in Wisconsin is OWI (Operating While Intoxicated).
If you have been charged with an OWI in Wisconsin, you need attorneys knowledgeable in the law and experienced in the court room. Our Kenosha OWI lawyers will review the facts of your case and make every legal argument necessary to positively influence the outcome of your case. The attorneys at the firm of Renée E. Mura S.C. will fight for your rights. If you’re not sure how we can help, set up a consultation with one of our criminal defense attorneys for legal advice about your specific situation.
Contact our Kenosha DUI attorneys for help responding to your OWI charge. We will aggressively fight to have those charges reduced or dropped.
Drinking & Driving FAQs
The following is provided for informational purposes only. This information does not constitute legal advice. Your review of the information on our website does not establish an attorney-client relationship with our firm. Each case is unique and you should contact a competent attorney for a full analysis of the law and its application to the specific facts and circumstances of your case. The information on our website is not a substitute for personal legal advice.
Q: What’s the difference between an OWI, DUI and DWI?
A: Commonly used interchangeably, OWI, DUI and DWI are three names for the same offense. Different states use one or the other. In Wisconsin, we use the term OWI (operating while intoxicated). Many other states us DUI (driving under the influence) or DWI (driving while intoxicated).
Q: Does it matter if I have passengers in the car when arrested for an OWI?
A: Yes, it matters a great deal if you have passengers in the car when you are arrested for an OWI. If any passengers are under 16 years old or pregnant, the penalties increase.
Q: What’s the difference between a felony and misdemeanor OWI charges?
A: In Wisconsin, most first time offense OWI charges are non-criminal offenses, assuming there is no accident and no minors under 16 in the car. A second and third OWI charge are misdemeanors. A fourth OWI can be either a misdemeanor or felony, depending on whether or not your last OWI was within the past five (5) years. A fifth or subsequent OWI is a felony. The jail time and fines imposed for misdemeanor and felony charges vary dramatically from case to case.
Q: What is the BAC limit for an underage OWI?
A: Underage drivers are subject to absolute sobriety laws. If an underage driver has ANY alcohol in their system while driving, they can be charged with underage OWI.
Q: If my Miranda rights weren’t read to me, can my case be dismissed?
A: No, failure to read Miranda rights may make anything you say after being arrested inadmissible as evidence in court. It does not mean your case will be automatically dismissed.
Q: The arresting officer did not see me driving. Can my case be dismissed?
A: If the arresting officer did not see you driving, your case will not necessarily be dismissed. If a number of witnesses or a single, reputable person states you were driving, their testimony may be enough evidence to convict you of an OWI in court.
Q: What do police look for when stopping someone for drunk driving in Wisconsin?
A: If you or someone you know has been pulled over for drunk driving in Wisconsin, police could have stopped you for any of the following reasons, including:
- Driving over or straddling the center line between lanes
- Nearly hitting/missing another vehicle or object
- Swerving or weaving between lanes or within lane lines
- Excessive braking
- Questionable signaling or stops in traffic lanes
- Driving against traffic
- Quick acceleration or braking
- Improper slowing or stopping
- Illegal or unwarranted turns
- Driving without your headlights on
Q: How do field sobriety tests work and can I get my case thrown out?
A: There are several exercises police may use in field sobriety tests to measure an individual’s level of impairment. These tests include the horizontal gaze nystagmus (HGN), heel-to-toe walk, one-leg-stand, hand pat, fingers-to-thumb, finger-to-nose, reciting the alphabet, and modified position of attention (Rhomberg test). Sometimes an improperly administered test will change the outcome of a case.
Q: If I have been pulled over for drunk driving in Kenosha or Racine, what happens if I refuse to give a breath or blood sample?
A: If you have been arrested for drunk driving in Kenosha or Racine, the law requires you to take a blood, breath, or urine test. Wisconsin’s “implied consent” law means if you have been lawfully arrested for drunk driving, then you consent to taking one or more of the three tests above to determine your blood alcohol concentration (BAC). If you refuse to take any of these tests, you will be charged with an OWI.