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OWI/BAC Cases

Operating While Intoxicated (OWI) – Jury Trial Information

If you are charged with Operating a Motor Vehicle While Intoxicated, Operating While Impaired, or Operating with a Blood Alcohol Concentration (BAC) over 0.08%, and you enter a Not Guilty plea, you have the right to request a jury trial.

How to Request a Jury Trial

To exercise this right, you must:

  • File a written Jury Demand within 10 days of entering your Not Guilty plea.

  • Include the required jury fee with your request.

Once your request and payment are received, your case will be transferred to Milwaukee County Circuit Court, which will notify you of your scheduled jury trial date.

First Offense Penalties

If convicted of a first OWI offense, the statutory penalties may include:

  • A forfeiture (fine)

  • Revocation of your driving privileges for 6 to 9 months

  • Six (6) points added to your driving record

  • A referral for an alcohol assessment

If you were operating a commercial motor vehicle with a BAC of 0.04% or higher, you may also face disqualification from operating commercial vehicles, in addition to the penalties listed above.

Consequences of Failing to Appear

If you fail to appear for your scheduled court date:

  • A default judgment may be entered against you

  • The Court may:

    • Increase your forfeiture

    • Order restitution for any damages or losses

    • Impose additional fees or costs related to trial preparation

  • A warrant may be issued for your arrest

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