Getting pulled over for suspected OWI (Operating While Intoxicated) or DUI (Driving Under the Influence) in Wisconsin is a stressful experience. Flashing lights in your rearview mirror can make it difficult to think clearly, but how you handle the situation can significantly impact the outcome.
This guide provides key steps to help you stay calm, protect your rights, and avoid making your situation worse.
Read Also: The Legality of OWI Traffic Stops and Searches in Wisconsin
First Things First: Stay Calm and Respectful
No matter what, keep your composure. Arguing, being rude, or showing frustration can escalate the situation and even lead to additional charges, such as resisting arrest.
Your goal is to get through the stop without making it harder on yourself.
Watch: What to do After You've Been Pulled Over
10 Essential Steps to Take During an OWI Stop in Wisconsin
While this checklist does not constitute legal advice—since every situation is unique—following these steps can help you navigate a DUI stop more effectively:
1. Take a deep breath and stay calm.
Panic won’t help. Take a moment to collect yourself.
2. Prepare your documents.
Have your driver’s license, vehicle registration, and proof of insurance ready before the officer reaches your window.
3. Be polite and cooperative.
Aggressive or defensive behavior will only work against you.
4. Be mindful of what you say.
Anything you say can and will be used against you. Avoid admitting to drinking or using substances.
5. Know your rights regarding field sobriety tests.
In Wisconsin, you are not legally required to take field sobriety tests (FSTs), including the roadside breathalyzer test. These tests are subjective and often inaccurate.
6. If you refuse FSTs, do so politely.
Simply state that you decline to participate. Do not argue.
7. Understand that refusing FSTs may result in arrest.
If you refuse, you will likely be arrested on suspicion of OWI—but this could still work in your favor since FST results often serve as key evidence against drivers.
8. Comply if taken into custody.
If arrested, remain calm and follow instructions. Resisting will only make your case worse.
9. Remember Wisconsin’s Implied Consent Law.
While you can refuse field sobriety tests, you must submit to chemical testing (breath, blood, or urine) once in police custody as a condition of Implied Consent in Wisconsin. Refusal can lead to automatic penalties, including license suspension.
10. Contact an experienced OWI attorney immediately.
Your next steps are critical. An experienced attorney can help protect your rights and fight your charges. Submit my contact form here.
If you are mindful of these points throughout your interactions with law enforcement during a DUI stop in Wisconsin, you can potentially help the ultimate outcome of your DUI case.
Wisconsin OWI Defense Success Stories
Case: OWI Reduced to Reckless Driving
A client was charged with OWI and driving with a prohibited alcohol concentration after being stopped for speeding. Despite registering a .12 BAC, the defense replicated the driving and alcohol consumption scenario, exposing inconsistencies in the arrest. The prosecution ultimately dropped the PAC charge and reduced the OWI to reckless driving.
Case: Criminal OWI Dismissed
An off-duty law enforcement officer was arrested for OWI with a high BAC. Attorney Stangl demonstrated procedural errors in the charge, leading to the dismissal of criminal charges. When the case went to trial, a mistrial was declared following a successful objection.
Stangl Law Offices, S.C.