Operating While Intoxicated / OWI – Sentencing Guidelines

The Wisconsin State Legislature, through the enactment of §346.65(2m) of the Wisconsin Statutes, has directed each Judicial District in Wisconsin to enact certain guidelines to determine what an appropriate sentence is for a person convicted of Operating While Intoxicated in our State.  This means that all of the courts in our State are supposed to set up guidelines for sentencing a person who is convicted of an OWI offense.

The guidelines for your district can usually be found by doing an internet search for OWI guidelines in the county in which you reside.  If you are charged with a first offense OWI and it is being handled by a city or municipal court, the guidelines will likely be similar to your county guidelines.

The guidelines will almost always use certain mitigating and aggravating factors, along with your blood/breath alcohol concentration to determine what an appropriate fine, driver’s license revocation, and length of jail is appropriate.  Another factor, of course, is what numbered offense you are charged with (eg. OWI – 1st, 2nd, 3rd, etc.).  Mitigating factors can include whether or not you have an otherwise good driving record, were cooperative with law enforcement during the arrest process, the age of any prior convictions, and others as defined by your specific county’s guidelines.  Aggravating factors can include whether you were driving without a license, if you had a recent previous OWI conviction, were uncooperative with law enforcement during the arrest process and so on.

If you have been charged with drunk driving you should contact an experienced OWI lawyer right away to go over your options and plan a strategy for your defense.  An experienced OWI attorney can also help you prepare for the worst and understand what to expect in the event that you are found guilty and convicted.

You must not rely on the information on this website as an alternative to legal advice from an attorney or other professional legal service provider.  If you have any specific questions about any legal matter you should consult you attorney or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website. 

The law firm of Simon & Feldhausen, LLC is a Green Bay law office made up of Green Bay attorneys/lawyers who are experienced in the areas of OWI/DUI/DWI and how those charges can impact a person’s employment, freedom, driver’s license, and other areas of a person’s life.