If you have been arrested for operating while intoxicated (OWI) for the first time, one of your biggest concerns may be what will happen to your driver’s license. Losing the ability to drive can affect almost every aspect of your daily life, such as commuting to work and transporting your family.
A first OWI offense can indeed result in the loss of your driving privilege. However, the consequences can depend on a variety of factors. Here is what you should know if you have been arrested for an OWI.
The consequences of a first OWI
A first OWI offense is typically treated as a civil offense rather than a criminal offense, assuming no aggravating circumstances elevate the charge. Still, a first OWI shouldn’t be taken lightly.
Potential consequences can include:
- A fine and court costs
- Participation in an alcohol education or treatment program
- Driver’s license suspension
- Installation of an ignition interlock device
One factor that could result in the suspension of your driver’s license is refusing to provide a sample for chemical testing. Under Wisconsin’s implied consent law, driving on public roads means you automatically agree to a breath, blood or urine test if you are arrested for an OWI.
Refusing to take a chemical test can lead to the suspension or revocation of your license even if the OWI charge itself is later reduced or dismissed.
But taking a chemical test doesn’t mean that your license is safe. If the test’s results show a blood alcohol concentration (BAC) of more than 0.08% or a detectable amount of restricted controlled substances, your license can be suspended for six months. The BAC limit is even lower for someone operating a commercial vehicle or who is under the age of 21.
In some circumstances, you may be able to challenge the administrative suspension of your license through an administrative review hearing. This hearing is separate from the actual OWI case. It’s essential to know which type of action you’re facing and the applicable deadlines.
A first OWI can have serious consequences for your driving privileges. The outcome depends on the circumstances of your arrest along with the administrative and legal processes that follow. It’s essential that you speak with a legal representative who can review your situation, explain the potential consequences and help you through the process.
