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Wisconsin courts have sentencing guidelines for the judges to
consider regarding dui offenses. Wisconsin Statute
346.65(2m)(a)provides: (a) In imposing a sentence under sub. (2)
for a violation of s. 346.63 (1) (am) or (b) or (5) or a local
ordinance in conformity therewith, the court shall review the
record and consider the aggravating and mitigating factors in
the matter. If the amount of alcohol in the person's blood or
urine or the amount of a restricted controlled substance in the
person's blood is known, the court shall consider that amount as
a factor in sentencing. The chief judge of each judicial
administrative district shall adopt guidelines, under the chief
judge's authority to adopt local rules under SCR 70.34, for the
consideration of aggravating and mitigating factors. In Madison, Wisconsin, the courts consider the OWI sentencing guidelines for the 5th judicial district- Dane County Court. Under that guideline and the statute, there is no jail imposed for a 1st OWI charge only, regardless of the b.a.c. unless there is a child in the car. However, a high b.a.c. may result in a higher fine for the OWI or a longer revocation of license for the OWI driver or the requirement to install an ignition interlock device. Under the sentencing guidelines, the Madison, Wisconsin Judge can also impose a Safety plan to include effect on victim or victim’s family and also: • Community Service work that demonstrates adverse effects of substance abuse or OWI to reduce the amount of a forfeiture or fine. §346.65(2g)(a) • Site visit that demonstrates the effects of substance abuse. §346.65(2i) • Reduction of the forfeiture/fine and payment of the difference toward the cost of the alcohol assessment and driver safety plan. §346.65(2e) • Restitution. §346.65(2r)(a. If the Madison, Wisconsin driver was at a b.a.c. level between 0.08 and .099 the court most likely will not order an alcohol assessment for a 1st offense. |
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