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Laws Relating to Penalties and License Sanctions for Operating a Motor Vehicle While Intoxicated

NCJ Number
197531
Author(s)
Don Salm
Date Published
October 2002
Length
26 pages
Annotation
This document presents current Wisconsin offenses, penalties, and license sanctions relating to operating a motor vehicle while intoxicated.
Abstract
This document begins by reviewing what the Operating While Intoxicated (OWI) law is and where it is enforceable. The document defines “prohibited alcohol consumption” and discusses the elements of the current law, including the prosecution and sentencing of offenders. The Wisconsin laws relating to counting offenses is presented in the third section, which explains how previous OWI-related convictions must be counted in order to weigh the severity of the current conviction. The document continues on to describe the penalties and license sanctions that are applicable to OWI and OWI-related offenses. Increased penalties are indicated when the levels of prohibited alcohol consumption are very high and when there are passengers under the age of 16 in the car. The next section outlines the law regarding the assessment of the offender by an “approved public treatment facility.” The law requires that the court order persons convicted of OWI or OWI-related offenses to submit to and comply with an assessment and a driver safety plan. OWI-related offenses are presented in the next section, followed by special OWI provisions that apply to commercial motor vehicle drivers. Finally, this document provides the law regarding releasing procedures for persons arrested for OWI and OWI-related offenses and the law concerning obtaining occupational licenses for those convicted of OWI offenses. An attachment offers a spreadsheet on OWI and related alcohol penalties.