• Wisconsin punishes drunk drivers.to drunk to drive image by Marjan Veljanoski from Fotolia.com
  
  Wisconsin doesn't have statewide sentencing guidelines. Each county and district court set their own. Milwaukee County is a major population center in Wisconsin and is under the First District Court. Its guidelines are a good example of those used by other district courts. It divides sentencing into mitigated, intermediate and aggravated circumstances depending on the seriousness of the offense, the behavior of the defendant since the incident, the impact of the offense on the defendant and possible victims, the cooperation of the defendant and the number of similar offenses on record. Penalties involve jail time, fines, forfeitures and loss of privileges.
  
  

Mitigated Circumstances

• Mitigated circumstances means that the offense was not as serious as it could have been and that other factors involved in the defendant's actions offer a possible excuse for his offense. It applies to defendants who weren't more than .05 percent above the legal limit, cooperated with authorities, have initiated efforts to change behavior, did not involve others in the incident, have otherwise good driving records and suffered substantial personal consequences. Jail time can be from none to a year. The harsher punishments are appropriate where there is a record of similar offenses. The fine can be from $150 to $1,200 and the defendant can lose his driving privileges for six months to five years. The defendant's car can be immobilized or forfeited.
  
  

Intermediate Circumstances

• Intermediate offenders had a blood alcohol level up to .10, did nothing to improve their lives, suffered moderate personal consequences, damaged property only, were uncooperative or refused to submit to tests, present a danger to others and have poor driving records. Jail time for intermediate offenses ranges from none to 40 months and a fine from $200 to $1,600. The intermediate defendant can lose his driving privileges for seven months to five years. The harsher punishments are appropriate where there is a record of similar offenses. The defendant's car can be immobilized or forfeited.
  
  

Aggravated Circumstances

• The offender who falls into the aggravated category had a blood alcohol level more than .10, violated court orders, missed court dates, resisted treatment, refused tests, suffered no personal consequences, fled, are an extreme danger to others, have very poor driving records and offended again before trial. They face fines from $250 to $10,000, up to 34 months in jail and loss of driving privileges for eight months to five years. The harsher punishments are appropriate when there is a record of similar offenses. The defendant's car can be immobilized or forfeited.