Alcohol

5 Traffic Violations That Lead to Car Accidents

By Tedia Gamino

Each year more than 32,000 people are killed and 2 million are injured in motor vehicle crashes, according to the CDC. In fact, every day 29 Americans die at the hands of drivers who are charged for DUI.

Avoid these five traffic violations that typically lead to car accidents:

  1. Distracted driving
  2. Speeding
  3. Road rage
  4. Running a red light
  5. OWI, DWI, DUI

Here’s a closer look at each violation.

#1. Distracted Driving

When driving, you should give the road and surroundings your undivided attention. Distracted driving is considered one of the top causes of car accidents in the U.S. Engaging in activities like texting, talking on the phone, eating, and grooming while you’re driving takes your focus away from the highway, and can lead to serious accidents.

#2. Speeding

You may speed for many reasons. You might be late for work or an appointment, trying to keep up with traffic, or even experiencing a personal emergency. Whatever the reason, speeding not only endangers your life, but the lives of others on the road.

Speeding in Wisconsin is on the rise. Researchers at the University of Wisconsin-Madison saw an increase in speeding when pandemic shutdowns in early 2020 substantially reduced highway traffic. By mid-2021, though, road traffic had climbed back to levels before the pandemic—but the average vehicle speed did not throttle back.

#3. Road Rage

Road rage can involve criminal intimidation or violence on the highway. One’s anger toward another motorist might result in tailgating, weaving in and out of lanes and causing near-collisions, making rude gestures, or even competing for a space in a parking lot. Road rage only makes driving conditions more unsafe.

#4. Running a Red Light

Although you may be in a rush, or think you can zip through an intersection when the light has just turned red, running a red light can prove to be a fatal traffic violation. Many motorists are killed or maimed each year by drivers who don’t obey red lights. So whatever your reason, running the light just isn’t worth risking your life and those of other motorists and pedestrians.

#5. OWI, DWI, DUI

It’s always smart to avoid driving if you’ve been drinking. Even if you feel that you can get behind the wheel and safely drive home, or to another destination, driving after having even one drink is a bad idea because it can impair your judgement and ability to safely operate your vehicle. If a police officer stops you and determines that you’re impaired by alcohol, you could be arrested and prosecuted—no matter your blood alcohol content (BAC).

Do You Need to Talk to an Attorney About OWI, DWI, or DUI?

If you’ve been accused of OWI, DWI, or DUI, our team may be able to help you. Call our office at 414-383-6700 to schedule a consultation with an experienced Wisconsin drunk driving lawyer. We can answer your questions and give you the guidance you need.

By Attorney Tedia Gamino

By |2022-11-19T09:58:01-06:00November 19th, 2022|Criminal Law, Traffic Offenses|Comments Off on 5 Traffic Violations That Lead to Car Accidents

OWI in Wisconsin

OWI in Wisconsin - Carlos Gamino

By Carlos Gamino

Operating while intoxicated – the legal name for drunk or drugged driving – is a very serious offense, and it’s something that will stay on your criminal record. The legal process surrounding OWI can be confusing, so we’ve put together this OWI in Wisconsin FAQ. If you don’t see your question answered here, or if you need to talk to an attorney because you’ve been charged with OWI, call us right away at 414-383-6700 to schedule a free consultation with an attorney.

FAQ on OWI in Wisconsin

Because there’s a lot of misinformation floating around about OWI – and because Wisconsin is different from many other states when it comes to drinking and driving – it’s a good idea to check out these frequently asked questions.

What is an OWI in Wisconsin?

OWI is short for operating while intoxicated, and it can mean that you were under the influence of alcohol or drugs. If the police arrest you for OWI, there’s a very good chance that you’ll spend the night in jail and lose your driving privileges. For most people, the best thing to do is get in touch with an OWI attorney as soon as possible.

Is OWI a Felony in Wisconsin?

Unlike other states, a first-offense OWI, provided that you didn’t hurt anyone and that you didn’t have a child under the age of 16 in the vehicle with you, is not a felony in Wisconsin. Instead, it’s treated as a traffic violation. You’ll lose your driver’s license for 6 to 9 months, and you’ll be fined between $150 and $300 (plus you’ll have to pay a $435 OWI surcharge), if it’s your first offense.

Second-offense OWI is a misdemeanor, and you could spend up to 6 months in jail and pay fines. You’ll also lose your driver’s license for at least 12 months.

Third-offense OWI can be a felony, and you could spend between 45 days and 2 years in jail or prison. You’ll also have to pay serious fines.

Fourth-offense and subsequent OWIs are felonies in Wisconsin.

What Are the Penalties for OWI in Wisconsin?

The penalties for OWI in Wisconsin depend on how many prior OWIs you have had, whether or not you were traveling with someone under the age of 16 in the vehicle, and whether anyone was hurt. This table shows the basics:

ConvictionFine/ForfeitureJail or PrisonLicense Revocation
First Offense$150 to $300, plus $435 OWI surchargeNo6 to 9 months
Second Offense$150 to $300, plus $435 OWI surchargeNo6 to 9 months
Second Offense with prior OWI within 10 years, or prior OWI with great bodily harm or homicide by intoxicated use offense at any time in the past$350 to $1,1005 days to 6 months12 to 18 months (plus the amount of time served in jail)
Third offense$600 to $2,00045 days to 1 year2 to 3 years (plus the amount of time served in jail)
Fourth offense$600 to $10,00060 days to 6 years2 to 3 years (plus the amount of time served in prison)
Fifth and sixth offense$600 to $25,000Up to 10 years2 to 3 years (plus the amount of time served in prison)
Seventh, eighth or ninth offenseUp to $25,0003 to 12 years and 6 months2 to 3 years (plus the amount of time served in prison)
Tenth or subsequent offenseUp to $50,0004 to 15 years2 to 3 years (plus the amount of time served in prison)
Causing injury with no prior OWI offense or chemical test refusal$300 to $2,00030 days to 1 year1 to 2 years (plus the amount of time served in jail)
Causing injury with a prior OWI or chemical test refusalUp to $10,000Up to 6 years1 to 2 years (plus the amount of time served in prison)
Causing great bodily harmUp to $25,000Up to 12 years and 6 months2 years (plus the amount of time served in prison)
HomicideUp to $100,000Up to 25 years5 years (plus the amount of time served in prison)

What’s the Difference Between DUI and OWI in Wisconsin?

DUI means driving under the influence, and OWI means operating under the influence. In Wisconsin, you don’t have to be driving for the police to arrest you for OWI; you can simply be sitting in the driver’s seat of a car that’s running and not moving. The bottom line is that with a DUI, the vehicle must be moving; with an OWI, it can be parked.

How Long Does an OWI Stay on Your Record?

An OWI will stay on your record forever in Wisconsin. That means if you had a first-offense OWI two decades ago, it’s still there – and if you’re arrested for OWI again, it will be your second offense. OWIs never “fall off” your record.

Do You Need to Talk to a Lawyer About an OWI in Wisconsin?

If you’ve been accused of OWI in Wisconsin, we may be able to help you. Call us right away at 414-383-6700 to schedule a free consultation with a drunk driving lawyer today.

Carlos Gamino

By |2021-07-17T11:46:37-05:00July 4th, 2020|Criminal Law, Traffic Offenses|Comments Off on OWI in Wisconsin

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