Operating While Under the Influence Citations
Only first offense Operating While Under the Influence (OWI) and Operating with Restricted Controlled Substance (ORCS) citations are heard in Municipal Court. These appearances are mandatory. If you are found guilty, the Court is legally obligated to order the following:
- Forfeiture
- Revocation of driving privileges for 6-9 months
- Alcohol and Other Drug Assessment
- Ignition Interlock Device (IID) on refusals and alcohol concentration of .15 or greater
Operating with Prohibited Alcohol Concentration
If test results show an alcohol content over the legal limit, you may receive a second citation for Operating with Prohibited Alcohol Concentration (PAC). Although you can be convicted of both an OWI and PAC, the points and penalties will only be imposed on one of the citations. The DMV may administratively suspend your driving privileges upon issuance of a PAC citation.
Refusals
If there was a refusal, you may request a hearing with the Muskego Municipal Court. The request must be in writing and received within ten (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.
Ignition Interlock Device
An Ignition Interlock Device (IID) 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 result is greater than the programmed blood alcohol concentration (.02%), the device prevents the engine from starting.
The Court must order (1) the IID installed on every vehicle that is titled or registered in your name AND (2) a restrictriction of your operating privileges to only vehicles equipped with an IID. The IID restriction period is a minimum of one (1) year. The one (1) year time period will not begin until either an occupational license is obtained or upon reinstatement of your regular license. Please see the Wisconsin Department of Motor Vehicle (DMV) website for more information or click here: wisconsindot.gov
There is a list of approved vendors on the DMVs website at: www.dot.wisconsin.gov/statepatrol/services/chemtest.htm
Jury Trial
If you are charged with OWI, ORCS, and/or PAC, you have a right to request a jury trial in Waukesha County Circuit Court. To secure a jury trial, you must file a written request with the City of Muskego Municipal Court within ten (10) days of the Court's receipt of your Not Guilty plea along with a check made payable to Clerk of Court in the amount of $36.00.