Bednarek Law Office
10 East Doty Street, Suite 617
Madison WI 53703
Attorney Jonas Bednarek frequently represents people accused of drunk driving, possession of a controlled substance, possession with intent to deliver, selling drugs, sexual assault, felon in possession and murder in cases under the jurisdiction of courts located in Madison (Dane County), Richland Center (Richland County), Monroe (Green County), Janesville (Rock County), Baraboo (Sauk County), Portage (Columbia County), Lancaster (Grant County), Prairie du Chien (Crawford County), Wausau (Marathon County), Eau Claire (Eau Claire County), La Crosse (LaCrosse County) and Sparta (Monroe County) Wisconsin. He also represents people in federal cases heard in the United States District Court in Madison, Milwaukee, Eau Claire and Green Bay, Wisconsin.
drunk driving laws
Wisconsin Operating While Intoxicated Laws - OWI DUI
Under Wisconsin's operating while under the influence laws (called OWI and often referred to as DUI offenses), the legal limit and permissible level of alcohol in a person's blood stream (called BAC) is directly related to their number of prior OWI offenses and refusals. A refusal is counted as a drunk driving conviction for purposes of counting the number of prior's.
the legal alcohol limits
Under Wisconsin law, the legal blood alcohol content level at which people are alleged to be driving under the influence is .08; at that level, the law considers a person’s ability to drive to be impaired. A first offense is a misdemeanor, and a 4th or 5thoffense is a felony.
If a death results while a person is driving while under the influence, the charge is a felony offense.
Generally speaking, the legal prohibited alcohol content level allowed for a person who has never been previously convicted of an OWI, or never previously refused a test, is .08. However, a person can still be charged with an OWI even if their BAC is lower than .08.
Second & Subsequent Blood alcohol limits
As the number of convictions for operating under the influence increases, the legally permissible level of alcohol in the blood decreases.
Under 21 years of age - zero tolerance
The legal drinking age in the state of Wisconsin is 21 years. A person who is under the age of 21 years may not have any alcohol in their blood. Zero tolerance laws apply to person under 21 years of age and commercial driver's, who also cannot have any trace of alcohol in their blood while driving and on duty.
Remember: A drunk driving arrest is not a conviction, even if you spend time in jail.
Recent changes to drunk driving laws
A second drunk driving arrest must be within five years of a first offense to be counted as a second offense.
Courts are tough on offenders convicted of drunk driving. Penalties are harsh. Police are granted more funds to be used for the specific purpose of stopping people suspected of driving while under the influence (of alcohol, drugs or any intoxicant) and the laws are due to get tougher.
Free Initial Consultation
If you have been arrested for driving while under the influence, please contact the law offices of Attorney Jonas D. Bednarek and Attorney David Saperstein for a free initial consultation.