DUI / OWI defense
From a first offense to a felony charge, protecting your license, your record, and your footing.
Operating While Intoxicated (OWI) is Wisconsin's term for drunk driving, what other states call DUI or DWI. Wisconsin is the only state where a first-offense OWI is not a crime, but the consequences escalate sharply with each subsequent offense. Wherever your case falls on that ladder, the work is the same: understand exactly what the State can prove, and hold them to it.
Wisconsin OWI charges handled here
- First offense OWI: a civil forfeiture, not a crime, but it carries license revocation, fines, and possible ignition interlock (IID) requirements.
- Second offense OWI: criminal misdemeanor with mandatory jail (5 days to 6 months) and a 12–18 month revocation.
- Third offense OWI: misdemeanor with 45 days to 1 year in jail and a 2–3 year revocation.
- Fourth offense OWI: a Class H felony, 60 days to 6 years and up to $10,000.
- OWI with injury: felony exposure that grows with the severity of the injury.
- OWI with a minor in the vehicle: enhanced penalties when a child under 16 is present.
- Refusal violations: separate consequences for refusing a chemical test, on their own fast clock.
Penalties at a glance
| Offense | Classification | Jail / prison | Fine | Revocation |
|---|---|---|---|---|
| 1st offense | Civil forfeiture | None | $150–$300 | 6–9 months |
| 2nd offense | Misdemeanor | 5 days – 6 months | $350–$1,100 | 12–18 months |
| 3rd offense | Misdemeanor | 45 days – 1 year | $600–$2,000 | 2–3 years |
| 4th+ offense | Class H felony | 60 days – 6 years | Up to $10,000 | 2–3 years |
Where OWI cases are actually won
The stop itself
Police need reasonable suspicion to pull you over. If the stop was unlawful (no traffic violation, no articulable suspicion), everything gathered afterward may be suppressed.
Field sobriety tests
The standardized tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are subjective and famously unreliable. Medical conditions, uneven pavement, weather, nerves, and footwear all skew results, and the administration of the tests is reviewable, frame by frame, on squad video.
Breath and blood testing
Breath devices require regular calibration and maintenance. Blood samples must be drawn, stored, and analyzed under strict chain-of-custody rules. Errors anywhere in that chain can make results inadmissible.
Rising blood alcohol
What matters legally is your BAC while driving, not at the station. Alcohol absorbs over time: a test taken 30–60 minutes after your last drink can read higher than you ever were behind the wheel.
Constitutional review
Was Miranda given when required? Was the implied-consent advisory read correctly? Every step of the arrest gets checked against what the law actually requires.
The 10-day clock on your license
Separate from the criminal case, an OWI arrest starts an administrative process against your license, and you have only 10 days from the arrest to request a refusal hearing. That deadline does not wait for your court date. Handling both tracks together is part of the job.
Whenever you're ready to talk, someone steady is ready to listen.
The first conversation is free and confidential. It costs nothing to find out where you stand, and it's the first step toward getting your footing back.