Operating while Intoxicated Citations

OWIs & ORCSs


Only first-time offense citations of Operating While Intoxicated (OWI) or Operating with a Restricted Controlled Substance (ORCS) are heard in municipal court. If you plead guilty or no contest, the court is legally obligated to find you guilty and enforce:
  • Forfeiture imposed
  • Mandatory revocation of your driver’s license
  • Mandatory drug and alcohol assessment
  • Mandatory order of an Interlock Ignition Device (IID) on refusals and BAC’s of .15 or greater
If your license is revoked, you may be eligible immediately for an Occupational License. Contact the Department of Motor Vehicles for more information.

Prohibited Alcohol Concentration (PAC)


You may receive a second citation for PAC. Although you can be convicted of both an OWI and PAC, points and penalties will only be imposed on one.

Refusals


If there was a refusal, you may request a hearing with the Muskego Municipal Court in writing within 10 days of the issuance of the Notice of Intent to Revoke. Please refer to the information given to you at the time of your arrest pertaining to procedures.

Interlock Ignition Device (IID)


An ignition interlock device is a mechanism, like a breathalyzer, installed to a motor vehicle’s dashboard. Before the vehicle can be started, the driver must first exhale into the device. If the breath alcohol concentration analyzed is greater than .02%, the device prevents the engine from starting.

For more information, contact the Wisconsin Department of Transportation.

Jury Trial


If you are charged with Operating a Motor Vehicle while under the Influence of an Intoxicant or with a blood alcohol concentration of greater than .08% and enter a not guilty plea, you have a right to request a jury trial.

To secure a jury trial, you must file a written request with the City of Muskego Municipal Court along with a check in the amount of $36 for a six-person jury. This request needs to be made within 10 days of your first court appearance. If this is not done, you lose your right to a jury trial but are still entitled to a court trial before the municipal judge.

Circuit Court Trial Date


If a jury trial is requested, the municipal court will transfer the case to the Waukesha County Circuit Court. There are fees involved with this. The circuit court clerk will then notify you of your jury trial date. Pursuant to state statutes, any monies posted for a jury trial are nonrefundable, and the monies cannot be applied to the forfeiture imposed if you are found guilty of the offense.