Nehls Law Office S.C.

Anthony C. Nehls

205 Fond Du Lac Street
Mount Calvary, WI 53057
Phone: (920) 753-4351
Fax: (920) 753-4361

205 Fond Du Lac Street • Mount Calvary, WI 53057
Phone: (920) 753-4351 • Fax: (920) 753-4361
nehlslaw@yahoo.com

Drunk Driving Info

Know the Facts

Alcohol contributes to more than 8,600 crashes each year in Wisconson. These crashes cost the public over $500 million. The risk is avoidable, if you choose not to drink and drive.driving  If you are convicted of Operating While Intoxicated these are some of the reprecussions you may face.

Understand the Law

You take a risk when operating a vehicle after consuming any amount of alcohol. Your legal risk involves a blood alcohol concentration (BAC) limit of 0.08. However, you can still be arrested with BAC below 0.08. If there is evidence that you are impaired.

The law covers more than alcohol. The legal definition is “operating while under the influence of an intoxicant, any controlled substances, any other drugs, or a combination thereof.”

Driving under the influence of alcohol or other drugs or a combination of drugs and alcohol is illegal. It is also dangerous.

Understand the Restrictions

If you need to drive to and from work, an occupational license may be issued. It is a privilege with restrictions.

You will be limited to driving during certain times of the day. Routes and hours of operation will be restricted. You will have to ask your insurance agent to file a form with the Division of Motor Vehicles proving that you have insurance. Occupational licenses require absolute sobriety after two or more convictions.
If you ever have two offenses within five years, you can’t get an occupational license for one year and the court will order all of your vehicles immobilized or equipped with an ignition interlock device.

Make the Right Choice

Be responsible. If you drink excessively and / or use other drugs, don’t get behind the wheel. It isn’t worth the risk.

Understand the Tests

If you take the risk and are caught, the officer will ask you to perform a series of Standardized Field Sobriety Tests (SFST). You will be asked to do the one-leg stand and the walk and turn. You will also be asked to follow an object with your eyes while the officer checks for involuntary eye movement.

Scientific studies have validated each SFST. Each test provides evidence of impairment of intoxication to support a legal basis for an arrest.

If you are arrested, you will read the Informing the Accused form and be asked to submit to a chemical test of your breath or blood. You have already given your consent under Wisconsin’s Implied Consent Law.

Know the Consequences

If you test at or above .08 you will lose your license for at least six months. Your license must be surrendered and you will have a temporary license good for 30 days. Plain and simple. It's the law.

If you refuse to submit to a chemical test of your blood or breath, you'll lose your license for one year and have at least a 30-day waiting period before you are eligible for an occupational license.

Face the Truth

If you are convicted of a PAC (Prohibited Alcohol Concentration) when your BAC is between 0.08 and 0.099, you will not have to undergo an alcohol and other drug assessment, or pay the driver improvement surcharge. If you are convicted of OWI, you must undergo an alcohol and other drug assessment to assist in the development of a driver safety plan.

The driver safety plan puts the emphasis on making the right choices and avoiding future impaired driving behavior through education and treatment.

You are legally required to comply with the plan – and you must pay for the assessment. If you don’t comply, your driving privileges will be revoked until you do.

Once you've lost your license, you have to pay a $50 fee to get it back. If it is not your first offense, you must furnish proof of financial responsibility. If you continue to drive without a license, you face more serious consequences, including a stiff fine, jail time and an additional period of revocation.

Offense Fine or Forfeiture  Assessment
PAC, First
AC ≥0.08 but < 0.10
$150 - $300
(exempt from surcharge)
NO
OWI, First
PAC, First AC ≥0.10
$150 - $300
(commonly $784 with fees)
YES
OWI / PAC, Second
BAC ≥0.08
$350 - $1.100  YES
OWI / PAC, Third
BAC ≥0.08
$600 - $2,000  YES
OWI / PAC, Fourth
BAC > 0.02
$600 - $2,000  YES
OWI / PAC, Fifth or More
BAC > 0.02
$600 - $10,000  YES
Causing Injury While OWI $300 - $2,000  YES
Causing Great Bodily Harm By OWI Up to $25,000  YES
Homicide While OWI Up to $100,000  YES
Chemical Test Refusal None  YES
Administrative Suspension for Prohibited Alcohol Concentration None  NO
Open Container (Driver or Passenger) $100  NO
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