Are all drunk driving offenses treated the same, regardless of the amount of alcohol consumed?

No, not all drunk driving offenses are treated the same in Wisconsin, regardless of the amount of alcohol consumed. Depending on the circumstance, Wisconsin law will consider various aggravating and mitigating factors to determine how an offense should be punished. First, if a person has a blood alcohol concentration (BAC) of .08 or more, Wisconsin law considers it a presumption of operating while under the influence of alcohol (OWI). This is one of the most serious offenses and is punishable by up to 6 years in prison and a fine of up to $10,000. The penalty for this offense increases with each subsequent conviction. At the same time, if a person has a BAC of .15 or more, then Wisconsin imposes an even more severe punishment. This is referred to as the “high BAC” offense and is punishable by up to 9 months in prison and a fine of up to $2,500. It is also important to note that if a person has a BAC of .17 or more, then Wisconsin law presumes that the individual was operating with a “high alcohol concentration” and if convicted, will face a mandatory jail sentence of 45 days. Therefore, in Wisconsin, all drunk driving offenses are not treated the same, regardless of the amount of alcohol consumed. Depending on the BAC level, the severity of the offense can vary from a simple misdemeanor to an extremely serious felony.

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Are all drunk driving offenses treated the same, regardless of the amount of alcohol consumed?

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