4 OWI misconceptions parents should debunk with their kids

On Behalf of | Jul 26, 2024 | Owi

Wisconsin takes pride in its rich brewing history. Studies have shown this fostered a culture where beer, brandy and bratwurst rule. Some college students knock back drinks, too. However, reaching the legal drinking age or legally getting alcohol from family is no excuse for driving while intoxicated.

Teaching responsible drinking is a community effort that can start at home. Responsible behavior doesn’t just cover drinking. It includes knowing the laws on intoxication.

Parents can debunk these misconceptions on OWI with their kids to avoid facing charges.

Misconception #1: You can’t get arrested if you’re under 21.

Wisconsin’s “Not a Drop” law, also known as the Absolute Sobriety law, criminalizes driving after consuming any amount of alcohol for people under 21. A first-time violator isn’t charged with OWI. However, they can face a $200 fine and an immediate three-month license suspension. A second violation can bring a first-offense OWI.

Misconception #2: You can only get arrested for wildly driving a car.

Under Wisconsin law, “operating a vehicle” means controlling any part of a vehicle that makes it move. An intoxicated person sitting in the driver’s seat of an idle car can be charged with OWI. This applies to any motorized vehicle or device, including construction equipment and boats.

Misconception #3: You can only get arrested with a .08% BAC or higher.

Wisconsin’s impairment laws allow officers to make arrests based on the suspicion of driver impairment. They don’t just rely on blood alcohol levels and the legal limit. Drivers under the influence could face charges even with a blood alcohol content (BAC) below .08%. Officers conducting a field sobriety test can arrest you if they consider you not safe to drive.

Misconception #4: You can beat an OWI charge by talking your way out or refusing tests.

Implied consent in OWI means that anyone with a driver’s license consents to tests when under suspicion of operating while intoxicated. Refusing a chemical test brings a one-year license revocation and ignition interlock device installation. Considering these significant consequences is crucial.

By educating their children about OWI laws, parents help promote safe driving. It’s equally important to emphasize that drivers of any age shouldn’t contest OWI charges alone. Having a lawyer’s support is crucial in defending your rights and protecting your future.

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