5th and 6th offense OWI convictions require a prison sentence upon conviction. section 343. 2009 Wisconsin Act 100, relating to impaired driving, takes effect July 1, 2010. 125 Church Ave Oshkosh, WI 54901. Possession of A Firearm While Intoxicated-OWI/PAC 1st, Gil's Story. 08 Percent. The 2021-2022 revision includes a number of changes such as: A revised chapter on. Wisconsin OWI Laws; Wisconsin OWI Penalties; View All Practice Areas. Once a driver has at least two OWI convictions, the ten-year washout period no longer. . Hamilton Street, Room 6111 Madison, WI 53703-3295 (608) 267-8820 William E. First OWI offense. After being placed under arrest for an OWI, a driver generally is required to submit to the officer's requested test. 301(1g)(am)1). Each of these districts have drafted OWI Sentencing Guidelines based on Wisconsin OWI laws. Open Today 24 hours. This may be the simplest of the enhanced [email protected] makes every effort to keep the community safe, to keep the offender in the community, with their families, while maintaining their employment. 65(6)(c)] 4 TENTH JUDICIAL DISTRICT OWI SENTENCING GUIDELINES (Offenses Occurring On Or After July 1, 2009) FOURTH OFFENSE. One penalty for violation of this subsection is suspension of a person's operating privilege under s. The purpose of the OWI sentencing guidelines is to. 2019AP1850-CR With those principles in mind, we turn to Forrett's challenge to the constitutionality of the OWI statutes. OWI sentencing guidelines in Wisconsin (also referred to as DUI guidelines) vary by county. State v. 57 (2), , to , or where persons engaged in work in a highway maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic or where sanitation workers are at risk from traffic and the operator knows or should know that sanitation workers are. Madison - (608) 405-2071 5610 Medical Circle Ste 34 Madison, WI 53719. PowerPoint Presentations: DWI Detection and SFST Training. More Contact Info. Wisconsin OWI Laws: Pocket Codebook 2023. Code ch. 125 Church Ave Oshkosh, WI 54901. Just as many motorists don't realize a typical drunk driving arrest results in at least two different charges––OWI and PAC––many others don't realize there are different legal limits. Gov. PDF, 41. Open Today 24 hours. (Except if equipping such. Call 608-256-8356 or email info@eisenberglaw. Wisconsin – OWI/DWI/DUI Laws 1st OWI Offense in Wisconsin. DUI Wisconsin Laws: The Basics. The OWI attorneys of Mishlove & Stuckert, LLC define the phrase in the context of drunk driving collisions. S. In Wisconsin, a drunk driving charge is referred to as “OWI” (Operating While Intoxicated). In Minnesota, a first offense is punishable by 90 days in jail and a $1,000 fine. 6 For a defendant's first offense, the penalty is a civil forfeiture. This bill stated that if you are convicted of a 4 th OWI and the conviction occurs within 15 years of your previous OWI, your driving privileges will be revoked for life. Each OWI offense has an of $435. Oshkosh Office (920) 230-2662. Please contact the attorney at Tracey Wood & Associates immediately should you find yourself charged with a Drunk Driving in Wisconsin, a DUI (Driving Under the Influence), OWI (Operating Under the Influence) or any other serious crime in Wisconsin at (608) 350-1004. (1965); See Harman v. Even if your researching drunk driving laws or sex crime laws in Wisconsin. Fifth & Sixth Offense DUI in Wisconsin: Class G felony. Wisconsin's DUI Laws. Oshkosh Office. This range is doubled if BAC is . Waukesha Office (262) 336-8140. Operating while intoxicated (OWI) is a complex subject. Wisconsin laws include mandatory installation of ignition interlock devices on all vehicles owned by anyone convicted of first offense OWI with an alcohol content of 0. Open Today 24 hours. The goal of the Intoxicated Driver Program is to reduce impaired driving-related crashes, injuries, deaths, and property damage. Oshkosh Office (920) 230-2662. The Legislature has directed that each judicial district in the state adopt guidelines for the sentencing of certain OWI violations 346. 1. Section 343. REDDY. 10 to . Ready when you are The. 08 Percent. The goal of the program is to make sure. PAC SENTENCING GUIDELINES after January 1, 2017 Pursuant to Sec. 1ST OFFENSE [§346. Stats. 11 to . 10th Judicial District OWI Guidelines. 2022 WISCONSIN ALL-TERRAIN / UTILITY TERRAIN VEHICLE LAWS Department of Natural Resources P. Waukesha Office (262) 336-8140. A 4th offense OWI in Wisconsin is a Class H felony with mandatory penalties. The Library has two sources that may be helpful. 65(2)(b)] or 1St Offense. 63(1)] (Per se AC ≥ 0. Class H Felonies may be on the less serious end of the felony scale, but they still require good legal representation in order to be sure that your side of the story is heard and understood. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or. If an operator of a vehicle violates s. Second-offense OWI penalties in Wisconsin include: 5 days to 6 months in jail. The Supreme Court affirmed the decision of the court of appeals affirming the decision of the circuit court denying Defendant's motion to suppress evidence obtained from a warrantless search of Defendant's vehicle incident to his lawful arrest for operating while intoxicated (OWI), holding that the search was lawful because the police had reasonable suspicion. Oshkosh Office (920) 230-2662. 1. OWI & Criminal Defense Attorney. Wisconsin’s OWI law has lowered the PAC (Prohibited Alcohol Concentration Level) to 0. J. 1997); State v. Wood County Human Services Department. Client record retention and disposal. 343. Written by Michael Hart & Craig Powell. This is in stark contrast to Wisconsin drunk driving laws of twenty years ago, which allowed a driver to rack up a record number of OWI convictions without facing prison time. 2ND OFFENSE [§346. 305(10)(b)4m) all double REFUSAL 2 year revocation and 90 day waiting period for occupational license, unless 2nd OWI AND RELATED ALCOHOL AND DRUG OFFENSE PENALTIES (AS OF OCTOBER 1, 2020) Confinement Confinement Driving Consequences if Driving Consequences if Conviction Fine or Forfeiture Sentence Sentence Committed in Wisconsin Committed in Wisconsin. The law made changes that. Oshkosh Office. We provide defense services throughout the state and offer free consultations to get started. org to arrange a free consultation. 25 plus Citations Issued On or After PENALTY RANGE FINE AMOUNT: $350 minimum to $1100 maximum VWS: VWS may not be waived, reduced or forgiven [§973. Wisconsin OWI Laws; Wisconsin OWI Penalties; View All Practice Areas. Oshkosh Office. A ¶7 Wisconsin penalizes OWI offenders under a graduated- penalty system. West Bend Office (262) 247-8122. 6, June 2010. In Wisconsin, even though a first offense OWI/DUI is not a criminal violation, it stays on your traffic record . 25 and above from “2 yrs – 3 years”. Administrative: If you are arrested for OWI in Wisconsin, you face both administrative and criminal actions. 04%. Ct. 08 percent for most drivers, 0. In Wisconsin, this translates to a doubling of both minimum and maximum penalties for the driver. Hamilton Street, Room 6111 Madison, WI 53703-3295 (608) 267-8820 Dated February 13, 2017 If you are arrested for a fourth OWI, and your last conviction was more than five years ago, you will be charged with a misdemeanor offense. What Are the Penalties for OWI in Wisconsin? Wisconsin OWI Penalties: 1st Offense: Fine: $150-$300, Surcharge: $365, Mandatory Alcohol Assessment, Jail Time: None, unless passenger under 16 is in the car: Jail 5 days-6 months, Drivers License Suspension/Revocation: 6-9 months (can immediately apply for occupational license), andWisconsin OWI Laws: Pocket Codebook 2023. SSTOP also encourages the offender to change their behavior and reduce OWI recidivism rates through intensive SSTOP and Court supervision, education and treatment. Waukesha Office (262) 336-8140. Wisconsin OWI Laws. 65(2m)), every judicial district in Wisconsin is required to adopt sentencing guidelines for judges to follow when sentencing a defendant convicted by the state of Wisconsin for drunk driving. You can be charged with OWI in Wisconsin under the following circumstances: If. Code ch. 2 million licensed drivers in Wisconsin, 770,000 had at least one OWI conviction as of the end of 2021, according to the Department of Transportation. Generally, an OWI is considered a third offense if the driver has two prior convictions that occurred within his or her lifetime. 6, June 2010. 08. Waukesha Office (262) 336-8140. For example, if you are convicted of driving with a BAC of 0. As a separate charge, OWI focuses solely on the BAC, regardless of whether the driver showed signs of impairment. 08 or more (per se offense) in first, second, and third offenses, unless presently revoked for a prior OWI offense. Wait IID? Below . Check out our writing and submission guidelines. Stats. Milwaukee Office (414) 332-3499. This page is intended to assist those who have been charged with their first OWI offense navigate the paperwork and processes involved. The penalties for a misdemeanor fourth offense could include 60 days to one year behind bars, $600-$1,000 in fines, an alcohol assessment, and a two- to three-year license revocation. 2160(2016). Two days later, on April 25, 2008, Benson rear. Although the OWI guidelines call for a 2-3 year driver license revocation, a 2018 law requires that the driver lose his license forever. (2) (a) 1m. 199 $1,024. Wisconsin OWI Laws: Pocket Codebook 2023. Wisconsin OWI Laws; Wisconsin OWI Penalties; View All Practice Areas. See also State v. 08% or higher. (WMTV) -- Under current state law, operating a boat, vehicle, snowmobile, ATV or UTV while intoxicated are all separate offenses in Wisconsin. More Contact Info. These guidelines vary greatly from district to district. Stats). 60(3m)(a)2. wisconsin. THIRD JUDICIAL DISTRICT OAWI SENTENCING GUIDELINES FOR OFFENSES COMMITTED ON OR AFTER July 1, 2010 THIRD JUDICIAL DISTRICT 515 W. 0 but not more than 0. provides a general overview of Wisconsin’s OWI law and other laws pertaining to alcohol and drugs and the operation of vehicles. "We have to make sure that there really are some teeth to. 65(2)(am)2, 346. 125 Church Ave Oshkosh, WI 54901. Owi Wisconsin Sentencing Guidelines. Under Wisconsin law, a CDL holder with an OWI may receive a 1 year CDL disqualification. 730 Wisconsin Avenue Racine, WI 53403-1274 Telephone: (262) 636-3150 730 WISCONSIN AVENUE HON. In. West Bend Office (262) 247-8122. But an increase in the OWI conviction rate would be a possible result of the 0. Intoxalock is an approved ignition interlock device provider in Wisconsin. In Wisconsin, operating while intoxicated (OWI) is typically classified as a traffic violation (for a first offense) or a misdemeanor, though habitual offenders may face felony charges. These guidelines identify many of the important criteria considered when imposing a sentence, however, judges have discretion in evaluating the facts and circumstances of each case when determining a particular sentence. 65(3p) Class H Felony Yes 6 years Bifurcated Prison Sentence under 973. A first offense in seven years is a misdemeanor and generally carries: $100 to $500 ($200 to $700 if BAC was . 136 S. Raceway facility — an area,. Brookfield - (262) 786-7100 225 Regency Ct Ste 200 Brookfield, WI 53045. 15 Restricted Controlled Substance $811. and , is guilty of a Class G felony and shall be fined not less than $600 if the number of convictions under ss. Product ID: AK0431E19. West Bend Office (262) 247-8122. Waukesha Office (262) 336-8140. of Transportation Maps & Publications Sales PO Box 7713 Madison, Wisconsin 53707-7713 608-246-3265 A minimal printing cost will be charged. 5th & 6th Offense DUI/OWI in Wisconsin (Felony) Fine: $600 to $10,000, can increase based on BAC level. Ct. Moreland Blvd. Fine of $150 to $300, plus $435 OWI surcharge License suspension: 6 to 9 months If BAC is 0. 125 Church Ave Oshkosh, WI 54901. More Contact Info. Penalties for a First Offense OWI in Wisconsin. Wisconsin OWI laws are codified in the Wisconsin Statutes. Highest penalties are comprehensive with adenine Class H felony (fine of raise to $10,000 and/or up to six years in prison). (2) (a) 1. 65(2)(am)1. Wisconsin does not have specific Delta-8 laws. In addition to fines, drivers found to be. You can also submit your case online or email the attorneys. DHS 62. Local (608) 831-9200 Toll Free (800) 353-2120SENTENCING GUIDELINES Citation Issued On or After Ninth Judicial District Office 2100 Stewart Avenue, Suite 310 Wausau WI 54401 (715)842-3872 Gregory B. Driving under the influence of alcohol will result in the suspension of ALL your driving privileges including your Wisconsin CDL, no matter what type of vehicle you are driving. Wisconsin takes drinking and driving seriously. PAC SENTENCING GUIDELINES after January 1, 2017 Pursuant to Sec. "Prior to November 1, 2000, attorneys in Wisconsin were able to collaterally attack prior operating while under the influence (OWI) convictions if there were any true defects in the plea hearings of those prior convictions. Wisconsin OWI Laws; Wisconsin OWI Penalties; View All Practice Areas. 2d 406 (1972). The new maximum penalties for 4th offense OWI in Wisconsin include: Up to $10,000 in fines. prescription drugs, illegal drugs or alcohol). Laws. 63(2m) (2m) If a person has not attained the legal drinking age, as defined in s. 1, 2018. 0. More Contact Info. Oshkosh Office (920) 230-2662. But Ott believes the fight to criminalize first-offense OWIs isn’t over, and that support is growing for a compromise position that will criminalize first-offense OWIs, provided convictions can be expunged years later with no other offenses. Jorgensen, 2003 WI 105 paragraph 26-27, 264 Wis. Hamilton Street, Room 6111 Madison, WI 53703-3295 (608) 267-8820 Dated February 13, 2017 . Read Also: Snowmobiling OWI Laws in Wisconsin: What You Need to Know. Please check with the court for possible updates or changes. Local (608) 831-9200 ; Toll Free (800) 353-2120 ;. OWI AND RELATED ALCOHOL AND DRUG OFFENSE PENALTIES (AS OF OCTOBER 1, 2020) Confinement Confinement Driving Consequences if Driving Consequences if. Gov. Eau Claire, WI 54701. DWI Detection and Standardized Field Sobriety Test (SFST) Participant Manual. intoxicated (OWI) laws. 125 Church Ave Oshkosh, WI 54901. Find Intoxicated Driving Program Forms. 83, No. Wisconsin DUI laws prohibit drivers from operating a motor vehicle while intoxicated. Open Today 24 hours. Wis. Stats. Milwaukee Office (414) 332-3499. 343. If you are facing an OWI with the possibility of having an Ignition interlock device installed in your vehicles, contact our Madison law firm to schedule a free case consultation with an OWI defense attorney. 65(2)(f)) and length of revocation (343. Milwaukee Office (414) 332-3499. Waukesha Office (262) 336-8140. Wisconsin DUI laws prohibit drivers from operating a motor vehicle while intoxicated. STATE OF WISCONSIN SEVENTH JUDICIAL DISTRICT LA CROSSE COUNTY COURTHOUSE 333 VINE STREET, ROOM 3504 LA CROSSE, WISCONSIN 54601 Telephone: (608)785-9546 Fax: (608)785-5530 TTY: 1-800-947-3529 ! ! ! ! ! ! ! ! ! ! ! " ! ! ! # ! OWI SENTENCING GUIDELINES EFFECTIVE 06-01-2017 (These guidelines are offered to promote consistency among the circuit. Milwaukee Office (414) 332-3499. Oshkosh Office (920) 230-2662. 939. Sounds Familiar ??? Speak to Attorney Mullen: 715-723-7160 Free Consultation Underage OWI An underage OWI or DUI has the same elements as an adult drunk driving ticket, except for one quite important fact, underage drivers are prohibited by law to consume alcohol in the first place. Open Today 24 hours. 65(2m), Wis. Fourth OWI — Fine of up to $10,000 and/or up to six years in prison. Each of these districts have drafted OWI Sentencing Guidelines based on Wisconsin OWI laws. Wisconsin Rapids, WI 54495. 63(1)(d) (d) In an action under par. 2d 539, 550, 202 Wis. Drunk driving law. 125 Church Ave Oshkosh, WI 54901. When it comes to the specific penalties you could face with snowmobiling OWI, fines can range between $125. Wisconsin OWI Laws; Wisconsin OWI Penalties; View All Practice Areas. Hamilton Street, Room 6111 Madison, WI 53703-3295 (608) 267-8820 William E. Milwaukee Office (414) 332-3499. 04% or greater or failing to submit to a chemical test is in violation of the state’s laws regarding CDL’s and will be arrested for OWI and your. Your first offense OWI in Wisconsin is a civil offense and can bring penalties such as the following: Driver's license revocation (six to nine months) A fine between $150. State v. Be aware of what police look for when they suspect a driver of drunk driving/OWI. Wisconsin Judicial Sentencing Guidelines for OWI / DUI / Drunk Driving cases by County. 08 BAC) and penalties will likely apply to you if you drink alcohol and drive your snowmobile. laws, i. PDF, 45. Second Offense OWI in Wisconsin. 343. Wisconsin Dui Laws. A fine of $600 – $8,000. 50 No7 0 . When charged with OWI while a passenger under 16 is present in the vehicle, additional penalties can be incurred due to child endangerment. org to schedule your free consultation. These are up to date as of April 11, 2017. MAC DAVIS. The Guide is not intended to be an exhaustive survey of OWI laws. Here are 3 Ways to Get an OWI Dismissed in Wisconsin. To speak with one of our board-certified OWI/DUI defense specialists, request a consultation online or call us at (414) 332-3499. Installation of an ignition interlock device (IID) in your vehicle (if BAC exceeds . 08 or. 0. These articles explain Wisconsin's OWI laws, implied consent laws, arrests and appeals, and sentencing and probation, along with other pertinent facts. Minimum, mandatory fine: Not be less than $600 and as much as $25,000. 02 or more (per se offense) in fourth offenses and higher or when under an IID. 15 or higher. Open Today 24 hours. FIFTH JUDICIAL DISTRICTIf you are arrested for a fourth OWI, and your last conviction was more than five years ago, you will be charged with a misdemeanor offense. This page lists the guidelines by county rather than judicial district. It is illegal in Wisconsin for a driver over the age of 21 to operate a motor vehicle: With a Blood/Breath Alcohol Concentration (BAC) of 0. Skip to content. You may not realize this, but under Wisconsin's OWI statute a person. Oshkosh Office. Hanrahan, Chief Judge Dated: November 1, 2018 Below are details about Wisconsin's OWI laws and penalties, with links to additional resources. 08. Waukesha Office (262) 336-8140. In the 2013-14 legislative session, Tim Carpenter co-sponsored a number of bills, authored by Republicans, to toughen Wisconsin’s laws. 63(1)(am) Penalty. IID requirement must be imposed for each motor vehicle for which person’s name appears on title or registration (§343. Updated on April 22nd, 2022 at 08:21 pm. Neighboring states have much stricter laws. An OWI - 5th offense or 6th offense is a Class H felony offense subject to mandatory jail time of no less than 6 months, mandatory fines of no less than $600, and optional additional penalties. Oshkosh Office. On April 23, 2008, Mark Benson, a physician, was sentenced in Waukesha County Circuit Court to a jail term for operating while intoxicated (OWI), third offense. " Wis. The law made. 346. Minimum $600 and 60-day jail sentence. Even if your researching drunk driving laws or sex crime laws in Wisconsin. Admin. Both Minnesota and Illinois, and 30 other states, now require a. Oshkosh Office (920) 230-2662. Updated Dec. Vol. In other contexts, it may be called Driving Under the. See State v. Wisconsin's OWI laws can seem complex and confusing,. A 2 nd OWI within 10 years is a misdemeanor charge which carries penalties that include a fine of up to $1100, a license suspension of at least one year, and a jail term of between five days and six months. Milwaukee - (414) 949-1789 1661 N Water St Ste 406 Milwaukee, WI 53202. State v. MAC DAVIS. Even if your researching drunk driving laws or sex crime laws in Wisconsin. 305 Annotation A blood draw from the defendant under this section while the defendant was unconscious was permissible under the 4th amendment under the exigent circumstances doctrine when a deputy had probable cause to arrest the defendant for operating a vehicle with a prohibited alcohol concentration. These guidelines vary greatly from district to district. If you were recently arrested for boating and drinking, you should know that fighting your charge is still possible. Oshkosh Office (920) 230-2662. Open Today 24 hours. Wisconsin Gun Lawyers / Laws / Intoxicated Firearm. Imposed on same offenses that received the driverBelow are details about Wisconsin's OWI laws and penalties, with links to additional resources. 10th Judicial District OWI Guidelines Revised July 2023 Effective for offenses on or after July 7, 2023 Minimum Driving & No Accident Aggravated Driving BAC Fine Jail Days Rev Mos Fine Jail Days Rev Mos Occ. Wisconsin Lawyer. STATE OF WISCONSIN SEVENTH JUDICIAL DISTRICT LA CROSSE COUNTY COURTHOUSE 333 VINE STREET, ROOM 3504 LA CROSSE, WISCONSIN 54601 Telephone: (608)785-9546 Fax: (608)785-5530 TTY: 1-800-947-3529 ! ! ! ! ! ! ! ! ! ! ! " ! ! ! # ! OWI SENTENCING GUIDELINES EFFECTIVE 06-01-2017 (These guidelines are. 1st Offense OWI Wisconsin / OWI Laws. The defendant in this case admitted to drinking tequila, vodka, and wine, resulting in a . 346. 655] Potential Penalties. 57 (2), , to , or where persons engaged in work in a highway maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic and the violation results in bodily harm, as defined in s. More Contact Info. 11/1/2018 BAC Level . O. 09(1)). OWI SENTENCING GUIDELINES EFFECTIVE 11-01-2020 (These guidelines are offered to promote consistency among the circuit court branches of the Seventh Judicial Administrative District. Penalties for a 1st, 2nd, and 3rd OWI/DUI in Wisconsin. More Contact Info. 4. Ultimately, developing public trust in health care. First Offense OWI. per (1993 Wisconsin Act 317, Effective April 30, 1994 *Combination of alcohol and controlled substance use . • Law enforcement officers in Wisconsin already have authority to arrest and cite motorists for OWI if they suspect a person is impaired, regardless of blood or breath alcohol level. Wisconsin OWI Laws; Wisconsin OWI Penalties; View All Practice Areas. ____(2016). Drag and drop the template to the upload pane, import it from the cloud, or use another option (extensive PDF catalog, emails, URLs, or direct form requests). The law for commercial boats is more. 63 (1) with a second offense, the charge may not be reduced to a first offense and the court may not sentence under sub. North Dakota, 579 U. Waukesha Office (262) 336-8140. If convicted of 4th offense OWI in Wisconsin––now a Class H felony––the minimum, mandatory penalty you would face includes: Not less than $600 in fines. Martindale-Hubbell. IID: Mandatory for all owned vehicles. Learn about your case, Wisconsin OWI laws, and how I can help you – FREE of charge. 125 Church Ave Oshkosh, WI 54901. Among several important changes, the law creates new misdemeanor classifications, establishes probation eligibility for all criminal OWI offenders, permits all counties to adopt programs that offer reduced jail sentences on completion of treatment and supervision,. West Bend Office (262) 247-8122. The state must prove the prior OWI conviction by a preponderance of the evidence if the prior conviction is not an element of the charged offense. If the driver is convicted of another DUI 10+ after their first offense, the new DUI conviction will appear as a first offense. A person with a Wisconsin CDL faces harsher penalties for drunk driving than a person with only a regular Class D driver’s. The number of drivers convicted of one OWI was 515,337, while 261,886 have been convicted two or more times. A first offense for possession of marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment of up to 6 months. More Contact Info. Wisconsin OWI Laws. If the status is revoked for other reasons, the OAR is civil. 1st OWI Penalties Excessive BAC Minor Passenger Causing Injury. Hanrahan, Chief Judge Dated: November 1, 2018 . Open Today 24 hours. Wisconsin Ignition Interlock Device Laws. West Bend Office (262) 247-8122. Increased Jail/Initial Confinement for 5th – 6th offense Aggravating Factors . Local (608) 831-9200 ; Toll Free (800) 353-2120. C. First degree intentional homicide is a Class A Felony offense punishable by a mandatory life prison sentence. 1st Offense OWI Wisconsin / OWI Laws / Boating OWI. The goal of the Intoxicated Driver Program is to reduce impaired driving-related crashes, injuries, deaths, and property damage. Jail time: There is no required jail sentence for first offenders unless there are extenuating circumstances. MITIGATING AND AGGRAVATING FACTORS IN SENTENCING MITIGATING FACTORS: 2nd OWI Penalties Excessive BAC Minor Passenger Causing Injury. The Wisconsin Legislature has passed a number of changes to the state's OWI laws in recent years, which have generally increased the penalties imposed on many impaired driving offenses, including impaired driving with a child passenger.