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Wisconsin OWI Second Offense

What is the penalty for a 2nd OWI in Wisconsin?

Upon conviction of a 2nd OWI charge in Wisconsin, you'll face the following penalties:

  1. 5 days – 6 months jail
  2. 12-18 month driver license revocation
  3. Occupational permit after 45 days
  4. 12-18 month ignition interlock device (IID mandatory)
  5. $350+ fine
  6. Alcohol assessment and treatment (mandatory)

This Wisconsin Statute, Section 356.63(3) states:
(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.

To drive a vehicle requires that the vehicle actually be moving.  To operate a vehicle merely requires the turning of the key, turning over the engine which is enough to commit the 'operate' portion of the statute. Prosecutors must be able to prove each element of an offense before you can be found guilty of that offense.

How to win a 2nd OWI charge?

Many times, DUI and OWI cases in Wisconsin are fought over various items before trial. With second offense OWI, we will challenge the traffic stop of your vehicle. If officers had no reason to stop your vehicle, then we can argue that they have no reason to obtain evidence from the vehicle. Some of that evidence could be observation of alleged intoxication, field sobriety test, breathalyzer test, among others.

Taking all this into account, did the officer have probable cause to stop the vehicle? In-other-words, was there an actual legal violation? Speeding? Speeding or swerving, for instance would be reasonable cause for suspicion.

Second OWI is a criminal charge. As a result, you're guaranteed the right to a jury trial. Jury trials focus on many different aspects of the case; blood alcohol, breath test and other observations of the arresting officer(s). This step also focuses on the credibility of the arresting officer(s). It is imperative that you maintain your right to fight the charge at trial.

Call the Best Milwaukee Drunk Driving Lawyers

Call Birdsall Obear & Associates.

Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.

DUI and OWI charges many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.

Our OWI Defense Lawyers in Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.

Our lawyers are simply the best OWI law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.

Drunk Driving / DUI

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Milwaukee and Sheboygan Federal Crimes Defense Attorneys in Wisconsin
Call today for a free consultation:


Birdsall Obear & Associates

1219 N. Cass Street
Milwaukee, WI 53202

Birdsall Obear & Associates
603 South 8th Street

Sheboygan, WI 53081

Milwaukee Office
1219 North Cass Street, Milwaukee, WI 53202

Sheboygan Office
603 South 8th Street, Sheboygan, WI 53081