You may feel well under the limit after a couple of glasses of wine at a company holiday party or a few cocktails at a family outing. Even so, any driver’s relaxed mood will shift to one of concern when they notice flashing red and blue lights in the rearview mirror. This situation can happen to anyone at anytime. As such, it is important for drivers to have a basic understanding of what happens during these stops so they can navigate the situation more calmly and effectively.
What are officers looking for during an OWI stop?
When an officer pulls over a driver suspected of drunk driving, they observe several factors to build a case, often including:
- Behavioral signs: Slurred speech, bloodshot eyes, and the smell of alcohol can indicate intoxication.
- Field sobriety tests: Officers may ask drivers to perform tasks like walking in a straight line or standing on one leg to assess physical impairment.
- Breathalyzer test: This test measures blood alcohol concentration (BAC) to determine if it exceeds the legal limit of 0.08%.
Officers use these observations and tests to determine whether or not to pursue operating while intoxicated (OWI) charges.
What happens after the stop?
If the officer believes the driver is intoxicated, the driver may face arrest. The legal process involves several steps:
- Booking and arraignment: After arrest, the driver undergoes booking and attends an arraignment where charges are formally presented.
- Court proceedings: The driver may face trial, where the prosecution will present evidence to support the criminal charges.
- License suspension: Wisconsin law mandates an administrative suspension of the driver’s license, which can occur even before a court conviction.
Understanding these steps can help drivers prepare for the legal process.
What are the possible penalties for an OWI in Wisconsin?
The penalties for OWI offenses in Wisconsin vary based on the severity and frequency of the offense. A first offense often includes fines up to $300, license suspension for six to nine months, and mandatory sobriety program or ignition interlock device. The penalties increase if a child was in the vehicle at the time of the alleged offense, increasing the fine to up to $1,100 and the potential of up to 6 months in jail.
What are some possible defense strategies available to the driver?
Defense strategies are available for drivers facing OWI charges and can include:
- Improper stop: Arguing the officer lacked reasonable suspicion to initiate the stop.
- Faulty testing: Questioning the accuracy of field sobriety or breathalyzer tests.
- Medical conditions: Presenting evidence of medical issues that could mimic intoxication symptoms.
These defenses can potentially mitigate charges or lead to case dismissal. A strong defense strategy is tailored to the details of the case and may include a mix of these or other options.