4 Ways to Get an OWI Dismissed in Wisconsin

Driving under the influence (OWI, DUI, DWI) is a serious offense that can carry major penalties for those convicted. However, depending on the circumstances, a skilled OWI Lawyer may be able to work to have your charges reduced or have your case dismissed altogether.

There are many possible defenses a skilled attorney may deploy based on the facts of the case. For example, an attorney might:

Question the legality of the initial stop itself.
Question the legality of any field sobriety tests or other actions by the officer involved in the stop.
Question the processes, procedures, and technology used to administer chemical tests.
Question the training of the officer involved.
Identify medical conditions or legal drugs that could result in testing results.

Note: While many OWI cases are dismissed, this does not mean opportunities for reduction or dismissal are present in all circumstances.

Here are 4 of the most common ways to get an OWI dismissed in Wisconsin:

1. Challenge the legality of the stop

While it’s generally rare, there are occasional instances where police didn't have probable cause to stop your vehicle. Law enforcement can only stop vehicles for the following reasons:

Violating a traffic law
Equipment violations
Traffic checkpoints
Erratic driving
Fitting the description of a vehicle involved in a crime

It is illegal for police to stop vehicles randomly or based on reasons unrelated to the law, such as race. But this defense strategy goes much deeper than simply questioning whether police had probable cause. For example, I examine multiple layers of the traffic stop's legitimacy for my clients.

First, I conduct a detailed review of all police documentation, including the officer's written report, dash cam footage, and body cam footage, if available. I look for specific discrepancies between what was reported and what actually occurred. For example, if an officer claims they observed "erratic driving," but the dashcam footage shows normal driving patterns, this creates a significant legal opening.

I also examine the exact timing and location of the stop. This is crucial because Wisconsin law requires officers to have specific, articulable facts supporting their reasonable suspicion before initiating a stop. I know how to effectively challenge these facts in court. For instance, simple nervousness or driving slightly under the speed limit are not, by themselves, sufficient reasons for a stop.

What makes an attorney's role particularly crucial here is a deep understanding of Wisconsin's Fourth Amendment jurisprudence. I know exactly which precedent cases to cite and how to frame the facts of your case within existing legal frameworks that courts have already accepted.

2. Lack of probable cause for a breath test

Police need probable cause to request a breath test from a driver.

If you’re stopped for speeding, deny drinking alcohol and refuse to take a field sobriety test, the officer may request you take a breath test. However, by refusing a field sobriety test and denying you’ve been drinking, they have little to base that request on other than your driving behavior and attitude.

If you refuse a breath or chemical test. you may lose your license for at least one year. However, at the license suspension hearing (which you must request), you and your attorney may be able to argue the following:

The stop was invalid
There was no probable cause to request a breath or chemical test
The results of those tests were not valid
Lack of probable cause that you were under the influence
You had a legitimate reason to refuse testing

This area requires sophisticated legal knowledge because it involves multiple constitutional protections working together. My approach here is multifaceted:

I typically first examine the entire sequence of events leading up to the breath test request. This includes analyzing whether the officer properly explained Wisconsin's complex Implied Consent law, which must be administered correctly. Any procedural mistakes can invalidate the entire testing process.
I also scrutinize the officer's observations and documented evidence of intoxication. I look for alternative explanations for symptoms that might appear to indicate intoxication. For instance, red eyes could be caused by allergies, unsteady walking could be caused by a medical condition, and slurred speech could be caused by fatigue or anxiety.
I may also examine whether the officer followed proper protocol in administering field sobriety tests. Any deviation from standardized procedures can invalidate these tests as grounds for probable cause.

3. Challenge the results of the breath test

Many OWI cases are dismissed when attorneys can successfully challenge the validity or accuracy of the tests. Experienced OWI attorneys can contest the ways breathalyzers are administered as well as the capabilities of the devices themselves. Aside from that, a medical condition can also affect test results.

Here's how I usually approach this:

I begin by obtaining maintenance records for the specific breath-testing device used. Wisconsin law requires regular calibration and maintenance of these machines. An experienced attorney knows exactly what documentation to request and what irregularities to look for.
I also examine the testing officer's certification and training records. As demonstrated in many of my successful OWI cases, even seasoned officers make procedural mistakes or may have expired certifications.
I also investigate whether proper observation periods were maintained before testing. Wisconsin law requires a specific observation period to ensure the subject hasn't ingested anything that could affect the test results. Any breach in this protocol can invalidate the results.

4. Challenge your license suspension

If you’re charged with an OWI, your driver’s license is subject to suspension in its own proceeding. If you don’t challenge your suspension at the administrative hearing, you will lose driving privileges immediately—even if you are found not guilty or have your case dismissed.

This aspect requires particularly strategic legal thinking because it involves both administrative and criminal proceedings. Here's how I manage this aspect of defense:

I first ensure all deadlines for requesting administrative hearings are met. These are often very short—and missing them can forfeit important rights. I then prepare for two parallel proceedings: the administrative hearing and the criminal case.
At the administrative hearing, I may challenge not just the suspension itself but also seek occupational licenses or other arrangements that can help their client maintain employment and essential activities. This requires detailed knowledge of Wisconsin DOT regulations and procedures.
I might also use the administrative hearing as a strategic tool to gather evidence and testimony that can later be used in the criminal case. This requires careful questioning and strategic thinking about how statements made in one proceeding might impact the other.

If you’re successful in regaining your license, there may be a chance the prosecution will not pursue other charges and you’ll have your case dismissed.

OWI Defense Success Story

Case Victory: Three Consecutive OWI/PAC 5th/6th Victories in One Month

Attorney Stangl of Stangl Law Offices, S.C. secured three consecutive OWI 5th/6th wins within a month (May-June 2023), preventing mandatory prison sentences for his clients. In the case of State v. Shirikian, 2023 WI App. 13, the Court of Appeals clarified that sentencing for a 5th/6th OWI/PAC offense necessitates a mandatory prison sentence upon conviction. The sentencing court lacks discretion to impose a non-prison sentence due to the current penalty structure and this ruling.

In the first case, Attorney Stangl effectively contended that one client’s prior conviction should not count because he hadn’t been adequately informed of his right to counsel in a previous case, and the record failed to show a voluntary waiver of his Sixth Amendment rights. Following thorough investigation and research, Attorney Stangl filed a motion contesting the uncounseled conviction, and after an evidentiary hearing, the trial court concurred, reducing the 5th/6th charge to non-mandatory prison terms.

About two weeks later, in a separate case, Attorney Stangl argued that the arresting officer lacked adequate legal justification or probable cause for his client’s arrest on a 5th/6th OWI/PAC charge. After an evidentiary hearing and subsequent briefs, the court delivered a comprehensive oral decision that granted the defendant’s Motion to Dismiss, resulting in the dismissal of the case against his client.

Following his second consecutive OWI/PAC 5th/6th victory, Attorney Stangl achieved a third within a month when the State dismissed charges during a preliminary hearing. At this hearing, it became evident that the arresting officer had testified falsely regarding critical aspects of the incident, including his client’s participation in field sobriety tests (FSTs), which the client had never taken. Upon realizing the significant issues with the officer’s perjured testimony, the State promptly sought the dismissal of all charges, ensuring that his client will not face recharges.

FREE 10-Minute Legal Consultation

Madison attorney, Pat Stangl, is happy to extend to you a free, no-obligation 10-minute consultation to help you explore your options and obtain the best results.

If you’ve been arrested or charged with OWI in Wisconsin, it’s crucial you contact an experienced Madison OWI lawyer today. Contact Attorney Patrick Stangl for a free consultation: