Motorcyclist With Previous OWI Arrests Charged A Seventh Time

On behalf of Peterson, Berk & Cross, S.C.

Whenever there is an arrest for operating while intoxicated in Wisconsin, the driver will face the possibility of a conviction and the accompanying penalties. These may include jail, fines and a driver’s license suspension. If the driver has had previous OWI convictions, the challenges they face rise incrementally. Although it is understood that OWI (also referred to as DUI or DWI) is dangerous, an arrest does not automatically mean the person is guilty. Regardless of the situation, having a viable legal defense is vital.

Motorcyclist arrested for seventh time after alleged OWI

A 60-year-old man who had been arrested for OWI six times before was arrested again for the same violation. Law enforcement was called to the scene after it was reported that the motorcyclist had an accident. However, when they arrived, they found that there was no crash. The man’s bike had simply tipped over. Still, the officer said that he smelled intoxicating substances. The man was given field sobriety tests and subsequently placed under arrest.

Understanding OWI penalties and crafting a defense

The penalties for an OWI conviction will escalate with the number of times a person is convicted, so it is wise to understand this when preparing a defense. For example, a first offense will lead to a fine of $150 to $300 and a driver’s license revocation for between six to nine months. Other factors such as a person under 16 being in the vehicle or a blood alcohol concentration that surpasses 0.15 can make the penalties worse. For a person who has seven offenses, there can be a fine of up to $25,000. It is also a felony charge with the chance for three to 12.5 years in jail. The driver’s license will be suspended for two to three years after confinement. Because of these penalties, it is imperative to have a legal defense.

Strategies to combat OWI charges

In this case, the man who was arrested was not operating the motorcycle at the time of the investigation. It had simply tipped over and the officer came to the scene after it was reported that there was an accident. This could be used as a factor in the defense. Also, there are frequently problems with field sobriety tests due to a failure to adhere to police protocol. There could even be a reasonable explanation as to why the man seemed to be under the influence. Perhaps a treatment program is an alternative. Before accepting the charges and its consequences, it is beneficial to consult with experienced legal professionals who understand how to formulate an effective drunk driving defense.