OWI 2nd charges are serious. While a first offense drunk driving is merely a ticket, a second offense is a misdemeanor. And if you’re convicted of that misdemeanor, you face a mandatory period of incarceration. Certainly our drunk driving attorneys recognize the elevated stakes of a 2nd offense OWI. We’re here to help you from the moment of your arrest. We have experience defending charges just like yours, and we’re prepared to fight for you through the end.
Second offense drunk driving charges, because they’re criminal in nature, also all end up on CCAP. Certain first offense OWI charges (the ones that are charged in municipal court) don’t. A CCAP listing is certainly embarrassing, and we understand that.
Our drunk driving defense attorneys believe it’s crucial that you hire an ally to assist in this difficult time. It doesn’t matter whether you’re facing your first offense, second offense, fourth, or your tenth. For a drunk driving arrest to have occurred, there must have been some police contact involving a vehicle. Frequently that leads us to motions, and some of those motions have the potential to lead to a complete dismissal of the charges against you. To speak with one of our experienced, aggressive, drunk driving lawyers, contact Van Severen Law Office at (414) 270-0202. We answer phones 24/7.
OWI stands for operating while intoxicated. This specific article discusses second offense OWI charges. There’s a difference between driving and and operating, defined in section 356.63(3) of the Wisconsin Statutes:
(a) “Drive” means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.(b) “Operate” means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
All crimes in Wisconsin break down into elements. Elements are basically parts of the crime that prosecutors must prove. If they cannot prove an element, the crime has not occurred.
Wisconsin Criminal Jury Instruction 2663 defines criminal operating a motor vehicle while under the influence of an intoxicant. The elements of this offense are:
“Under the influence of an intoxicant” means the defendant’s ability to operate a vehicle was impaired because of consumption of an alcoholic beverage. Prosecutors must prove that the defendant was less able to exercise the clear judgment and steady hand necessary to handle and control a motor vehicle. Particular acts of unsafe driving aren’t necessary. Instead, prosecutors must show impairment of the defendant’s ability to safely control the vehicle.
Upon conviction for an OWI 2nd charge in Wisconsin, you face the following penalties:
There are many ways to win a drunk driving case.
Frequently, OWI 2nd cases focus on pre-trial motion practice. That’s a fancy way of simply saying that frequently drunk driving cases are fought over challenges before trial. For example, frequently we’ll challenge the stop of your vehicle. If law enforcement has no reason to stop your vehicle, arguably they don’t have any reason to obtain evidence found within that vehicle. Certainly that evidence includes observations of your alleged intoxication, preliminary breath test results, field sobriety test results, and other evidence that will be used against you.
Usually those challenges to the stop of the vehicle focus on two arguments: the officer didn’t have probable cause or reasonable suspicion to stop your vehicle. In simple terms, probable cause refers to an actual legal violation. For example, the officer stopped you for speeding. That speeding investigation allows for the stop, and upon further suspicion of intoxication can convert into an OWI investigation. Reasonable suspicion, on the other hand, focuses on the facts and circumstances surrounding the stop. Obviously stopping a vehicle at 2:30 a.m. on a Saturday, in a bar district, after observing that vehicle swerving within its lane could be suspicious. Stopping the same vehicle at 5:00 p.m. on a Tuesday in a business district, with no swerving, is a completely different circumstance.
Finally, you maintain a right to fight your second offense drunk driving charge at trial. Because this is a criminal charge, you are guaranteed the right to a jury trial. Jury trials focus on many different issues, including the handling of the blood/breath test, the science between the metabolism of alcohol, and the officer’s simple observations. Certain this step also focuses on the credibility of the police officer. Some cops like to lie.
At Van Severen Law Office our defense attorneys dedicate themselves to providing the very best drunk driving representation in Wisconsin. Certainly that includes representing individuals facing second offense charges.
To speak with an attorney, call us at (414) 270-0202.