Minnesota drivers charged with any type of OWI-related offense, including alleged refusals to submit to chemical testing, need to know that, unless they get a lawyer on board their case as soon as possible, they can and likely will lose their driver’s license. Moreover, they won’t even be eligible for any type of restricted, occupational, or limited license in either state. Finally, due to a recent change in Wisconsin law, any out-of-state driver saddled with an ignition interlock device (“IID”) order – which can occur (1) on any OWI-2nd+ offense, or on OWI-1st offenses involving either (2) a BAC of 0.15 or above or (3) a refusal to chemical testing – will forever be burdened with that restriction for any driving in Wisconsin.
Simply put – when these cases cross state lines, the law gets confusing, harsh, and a little absurd. Reason being, this is a harsher reality than the one faced by both Wisconsin drivers with Wisconsin charges and by Minnesota drivers with Minnesota charges. Understanding how the rules interact and what penalties you may face is essential.
If you’re navigating the aftermath of a Wisconsin OWI arrest, Nero DUI Defense stands ready to provide expert guidance. With Board Certified OWI Defense Specialist Adam Nero on your side, you can face this challenge with the confidence that you are not receiving a “part-time” OWI/DUI lawyer. Instead, you have invested in the most qualified, respected, and successful OWI/DUI defense attorney in western Wisconsin.
What Happens If You Get a DUI in Wisconsin with a Minnesota License?
Some Minnesota drivers mistakenly believe that a drunk driving charge in Wisconsin won’t affect them once they’re back home. This couldn’t be further from the truth. Wisconsin reports all OWI convictions to the National Driver Register (NDR), a database that tracks serious violations across state lines. Minnesota is one of the 45 states that participate in the Interstate Driver License Compact (IDLC), which means your home state will be notified.
Will Minnesota Be Notified of the Wisconsin OWI?
Yes, Minnesota will be notified. When the Wisconsin Department of Transportation processes your OWI, both the conviction and the out-of-court DMV administrative suspension (which will automatically take effect as early as 10 days after your arrest unless you or your attorney file the proper paperwork) are shared with Minnesota’s Department of Public Safety. This information can trigger additional penalties under Minnesota’s DWI laws, even if you’ve only been charged with one offense in Wisconsin. The consequences don’t stop at the Wisconsin state line - in fact, as explained above, they often get worse.
Can My Minnesota License Be Suspended?
Yes, your Minnesota license can face suspension from both the initial administrative suspension and a conviction in your court case. After a Wisconsin DUI/OWI, Minnesota may impose penalties on your license, such as a suspension or revocation. Minnesota offers limited driving privileges in certain cases, such as an occupational or restricted driver’s license. However, these are typically available only for first offenses where the driver’s BAC was under 0.16%. Reinstating your license is a complex process that includes a $680 nonrefundable fee, and approval isn’t guaranteed.
Minnesota’s penalties can go beyond driving restrictions, so it’s crucial to understand how these rules apply in your situation.
How Wisconsin and Minnesota OWI and DWI Laws Interact
Understanding the legal overlap between Wisconsin and Minnesota is critical for mitigating the penalties you might face in both states.
Will a Wisconsin OWI Count as a Prior in Minnesota?
Yes, even a first-time Wisconsin OWI can count as a prior offense under Minnesota law, and vice versa. Even though Wisconsin classifies a first-time OWI as a non-criminal traffic violation, Minnesota treats it differently. If you’ve had previous DWI charges in Minnesota, a Wisconsin OWI can escalate your penalties for a second or subsequent offense. Both convictions will appear on your driving record, which can complicate insurance and licensing down the road, put a target on your back for any police officer that runs your plates while you’re driving, and can increase the length of county jail or state prison sentences imposed in any future cases.
How the Interstate Driver License Compact Affects You
Many people don’t realize that a DUI in one state can and will follow you back to your home state. While each state has different terminology and penalties associated with driving while intoxicated, there is a database to track these convictions. This database will alert your state, usually when renewing your license, that may trigger both monetary fines and potential criminal charges in both states.
Differences in Terminology: OWI vs. DWI vs. DUI
Wisconsin uses OWI, which is defined as operating while intoxicated, this means that someone can be charged with an OWI for being intoxicated while simply sitting in the driver's seat of a running car. The car does not have to be in motion for this charge to stick.
Minnesota uses DWI, which is defined as driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, drugs, controlled substances, intoxicating substances that the driver knew would cause impairment, marijuana, having a BAC of 0.08% or greater (known as a per se DWI), or having any amount of a Schedule I or Schedule II drug in your system.
DUI is the most commonly used when referring to driving under the influence. While all three of these abbreviations are used to describe drinking and driving, it really comes down to how the state approaches the penalties associated with your drug or alcohol related offense.
Why Choose a Board-Certified OWI Defense Specialist
Navigating OWI/DUI/DWI laws across state lines is complex. That’s why working with a board-certified OWI defense attorney can make all the difference in protecting your rights and future.
Meet Adam Nero: Expert in Interstate DUI Defense
Nero DUI Defense is western Wisconsin’s only OWI/DUI defense firm. Additionally, Attorney Adam Nero is the only Board Certified OWI Defense Specialist in western Wisconsin. He serves as faculty for the National College for DUI Defense, and is again the only attorney in the area to have earned this distinction. The board certification credential is an important distinction, which proves Attorney Nero’s advanced knowledge, rigorous testing, and years of successful practice in handling, and more importantly, winning, OWI cases.
What Board Certification Means for Your Case
The Wisconsin State Bar only permits those who have achieved Board Certification as an OWI Defense Specialist to describe themselves as an “expert” or “specialist” in OWI/DUI defense, which is its own practice area, and not merely one type of criminal defense law. Currently, only three lawyers – Attorney Nero based out of Eau Claire, and the other two located in Milwaukee – hold this distinction and are permitted to call themselves “experts” or “specialists.” The reason only board-certified attorneys can use those words to describe themselves is to protect you, the client who is receiving the legal services. The purpose is consumer protection. When any other attorney uses those words to describe themselves, sadly, they are lying to you and likely know that they are doing so. However, and fortunately, hiring Board Certified OWI Defense Specialist Adam Nero will provide you with unmatched confidence that you will achieve the best possible outcome in your case. Whether you’re facing administrative/civil penalties, criminal charges, or both, his expertise bridges the legal nuances between Wisconsin and Minnesota.
Act Quickly to Protect Your Driving Privileges in Both States
If you’ve been charged with a DUI or OWI in Wisconsin, prompt action is essential to avoid license suspension and/or revocation, so you need to act quickly. Wisconsin provides a window to challenge your OWI charge through an administrative review hearing, and Minnesota’s penalties may follow shortly. Compile all records related to your charge, including your BAC results, citations, and correspondence from state agencies. Then, contact Nero DUI Defense to review your case and receive expert guidance every step of the way. A skilled attorney can guide you through this process and help fight for your rights.
Get Help with Your OWI Charge from a Trusted Expert
Minnesota residents charged with an OWI in Wisconsin need reliable support to understand and fight these charges. Nero DUI Defense offers deep expertise in interstate DUI/DWI/OWI cases, giving you the best chance of protecting your license, record, and future.
Don’t face this challenging situation alone. Contact us today to schedule a consultation. Take the stress out of your defense with help from a certified expert who knows both states’ laws inside and out.
