Overview of DUI and OWI Laws in Minnesota and Wisconsin
Drivers in both Minnesota and Wisconsin face serious penalties for driving under the influence, but there are differences in how each state handles these cases. In Minnesota, the term DUI (Driving Under the Influence) is used, while Wisconsin refers to it as OWI (Operating While Intoxicated). Both states enforce strict penalties based on the driver’s Blood Alcohol Concentration (BAC) and prior offenses.
Wisconsin OWI Penalties
Wisconsin OWI penalties vary based on the number of prior offenses and the severity of the case. First-time offenders may face fines and license suspensions, but no mandatory jail time, unless aggravating factors are present. For repeat offenders, penalties escalate quickly and may include extended jail time, steep fines, and mandatory installation of an Ignition Interlock Device (IID).
- First Offense: Up to $300 fine and 6 to 9-month license revocation. No mandatory jail time.
- Second Offense: Fines up to $1,100, 5 days to 6 months in jail, and a 12-18 month license revocation.
- Third Offense: Fines up to $2,000, 45 days to 1 year in jail, and a 2-3 year revocation.
Differences Between Minnesota DUI and Wisconsin OWI
While Minnesota uses DUI to describe impaired driving offenses and Wisconsin uses OWI, the two states have different legal standards and penalties. For example, Minnesota imposes more significant administrative penalties immediately after an arrest, such as immediate license suspension. Wisconsin has more lenient first-offense OWI penalties, but subsequent offenses are treated severely.
OWI Defense Strategies in Wisconsin
Wisconsin OWI laws provide several potential defenses. A skilled defense lawyer may challenge the legality of the traffic stop, question the accuracy of the breath or blood tests, or explore whether law enforcement followed proper procedure. If successful, these defenses can lead to reduced charges or even dismissal.
OWI Penalties for Drivers Under 21 in Wisconsin
Wisconsin has a zero-tolerance policy for drivers under the age of 21. If an underage driver is caught with any detectable amount of alcohol in their system, they can face penalties including fines and license suspension. Repeated offenses can lead to harsher consequences, including mandatory alcohol education programs and extended license revocation.
Ignition Interlock Devices (IID) in Minnesota and Wisconsin
Both Minnesota and Wisconsin require the use of an Ignition Interlock Device (IID) for certain DUI/OWI offenders, but the requirements differ slightly between the two states. In Minnesota, any driver with a BAC over 0.16 must install an IID. In Wisconsin, repeat offenders and those with higher BAC levels must install the device to regain driving privileges.
