Think a first OWI is "just a ticket" you can easily move past? That common assumption could cost you thousands of dollars, your license, and potentially your job.
Most Wisconsin drivers don't realize they can be convicted even if they're under the legal blood alcohol limit. If the court determines you were "incapable of safely driving" while under the influence of any amount of alcohol, you face the same severe penalties.
Before we go any further, if you're here because you or a loved one is facing a first-offense OWI in Wisconsin, the best thing you can do is get in touch with an experienced Wisconsin OWI attorney as soon as possible to start discussing your case. There is a short window for taking initial action and every minute counts to maximize the likelihood of successfully reducing or dismissing your charges.
The clock is ticking on your OWI charge. The sooner you act, the more options you have. Use the button below to fill out a quick contact form to request a FREE 10-minute consultation. If there's a way to win your case, Stangl Law will find it.
A Brief Summary of Wisconsin OWI
What is an OWI in Wisconsin?
OWI stands for "Operating While Intoxicated." It's Wisconsin's official term for drunk driving offenses. The terms OWI, DUI, DWI, BAC, and PAC all refer to operating a vehicle while under the influence of alcohol, controlled substances, or other intoxicants.
An OWI charge creates immediate stress with long-lasting consequences. Both first-time and repeat offenders face mandatory penalties that can jeopardize:
- Your employment prospects
- Housing opportunities
- Personal credit
- Ability to drive legally
Penalties for a First Offense OWI in Wisconsin
Even though a first offense is technically a civil violation (not criminal), the consequences are substantial:
- Driver's license revocation for 6-9 months.
- Fines between $150-$300.
- An additional $435 OWI surcharge.
- $240 in fees when applying for an occupational license.
- Mandatory alcohol/drug assessment.
- Higher insurance rates and SR22 verification for at least 3 years
- Possible Ignition Interlock Device (IID) requirement if BAC exceeds .15. (You must pay all costs of installing, maintaining, and renting this device. Your legal BAC limit drops to .02% during this period.)
Many penalties increase significantly for those who were pulled over in a car with a minor under the age of 16. Penalties can also increase from excessive BAC and OWI causing injury, great bodily harm, or vehicular homicide.
When First OWI Penalties Become Much Worse
The standard penalties above are just the beginning. Your situation becomes significantly more serious in these scenarios:
» Read also: 5 Ways You Might Incur Extra Penalties For OWI-Related Incidents
Answers to Common Questions About First Offense OWI in Wisconsin
What is Prohibited Alcohol Concentration (PAC) in Wisconsin?
In Wisconsin, you are considered to be intoxicated and in violation of the state's prohibited alcohol concentration law if you are found to have a BAC of 0.08% or above for first, second, and third offenses—and .02 for fourth and higher offenses. A PAC charge would be added in addition to drunk driving charges.
How long will my first offense OWI conviction stay on my record?
In Wisconsin, this can—and almost certainly will—stay on your criminal record forever. The best way to protect your record is with the help of an experienced drunk-driving attorney who can help you potentially reduce or dismiss your charges. Contact me today.
How long will an OWI conviction in Wisconsin affect my car insurance rates?
In Wisconsin, you must maintain an SR22 for at least three years after your OWI conviction, and you will likely pay higher insurance rates for five years after your conviction.
Can I have my OWI expunged in Wisconsin?
There's almost zero chance—it's next to impossible to get an OWI expunged in Wisconsin. And even in the very, very remote chance you do manage to, the Wisconsin DOT does not recognize these expungements, so they will stay on your driving record forever. The bottom line is that you should not count on expungement under any circumstances. It's much smarter to work with an experienced attorney to fight the OWI charges and try to have them reduced or dismissed instead. Contact me today so we can get started.
What is a Notice of Intent to Suspend Your License in Wisconsin?
When you are issued a temporary license after being arrested for drunk driving or driving under the influence, the arresting officer will give you a piece of paper called a "Notice of Intent to Revoke" or "Notice of Intent to Suspend," which demands your immediate attention. The purpose of this notice is to inform you that you will lose your driver's license 30 days from the date the notice was written—unless you request an Administrative Review Hearing. The minute that "Notice of Intent" to suspend or revoke your driver's license is written, the clock starts ticking.
Is jail time required for a first OWI in Wisconsin?
Jail time isn't a standard penalty for the first OWI unless a child under 16 was in the vehicle or the incident caused injury or death. For subsequent offenses, jail time is mandatory.
Can first OWI charges be reduced or dismissed in Wisconsin?
Yes, there are circumstances and legal strategies that can lead to the reduction or dismissal of charges before the case reaches the courtroom. Contact me today so we can get started.
What if I refuse a breath, blood, or field sobriety test in Wisconsin?
Refusing a field sobriety test doesn't incur additional charges, but refusing a breath or blood test can lead to fines, up to a year of license suspension, mandatory AODA, and potentially an ignition interlock device requirement.
Stangl Law knows clients must act quickly to ensure they will receive the best defense against drunk driving charges. When you contact an attorney to help you defend against OWI charges, it is very important to ask for assistance in keeping your driving privileges. This means you must request an Administrative Review Hearing as part of your defense—and soon. Contact Stangl Law immediately.
» You can learn more about this in our other guide, How to Protect Driving Privileges While Fighting an OWI in Wisconsin.
Common Misconceptions About 1st Offense OWI in Wisconsin
There are many misconceptions about the first OWI in Wisconsin. Below, we clarify a few key points:
Misconception #1: "A first OWI is no big deal."
Reality: A first OWI conviction can be life-changing. Beyond immediate penalties, it can cost you job opportunities and restrict your ability to travel. Despite being a civil offense in Wisconsin, many employers and other entities treat it as a criminal conviction.
Misconception #2: "A first OWI isn't that expensive."
Reality: The total cost often exceeds $10,000 when you add up:
- Initial fines and surcharges ($700-$1,000)
- Mandatory assessment and treatment (hundreds to thousands)
- SR-22 insurance (2-3x your normal rates)
- IID costs (approximately $1,000+ per year)
- Towing/impound fees
- Transportation costs during license suspension
A Few Common Defenses for OWI in Wisconsin
The circumstances of a first offense can vary widely. The best way to understand whether you can get your charge reduced or dropped is by talking with an experienced attorney about the specifics of your arrest. In general, these are some of the ways that an attorney may be able to help you:
- An improper stop: Some things constitute the right to stop someone for suspicion of driving under the influence. The Fourth Amendment states that law enforcement has to have specific grounds to stop someone. Police must have either a warrant or reasonable cause to stop you. It's technically an illegal search and seizure if they don't, and your breathalyzer results might be inadmissible. Without that evidence, there may not be a firm case against you.
- Law enforcement does not follow the following protocol for field sobriety testing (FST): There are specific rules police must follow when conducting a field sobriety test. If a law enforcement officer doesn’t follow those protocols, the test becomes inappropriate and is inadmissible in court. Since these assessments are highly subjective, field sobriety tests alone cannot be the only admissible evidence that the police officer can use to win a case against you. An experienced OWI attorney can assess the FST for errors.
- Improper BAC samples from blood: If you were given a blood test, it's possible the analysis was done improperly for a number of reasons. Following an arrest, any blood samples collected have to be stored in a specific way. The blood is not admissible if any of these protocols are not followed.
- Medical conditions: You may have a medical issue that can cause you to appear like you're driving under the influence. Additionally, some neurological problems can cause you to fail a field sobriety test. There is also a possibility that, unless you fail a breathalyzer test, your attorney might be able to show that your failure to pass is due to your pre-existing medical condition.
- Improper communication with the defendant: If a prosecutor attempts to contact you without you having an attorney, and you have not waived your Miranda rights, then you have a case to make whatever you said inadmissible. If you have requested an attorney, you cannot converse with the prosecutor unless your attorney is with you.
- Other procedural violations: There are other ways to fight OWI charges. Incorrectly calibrated BAC instruments and using unapproved equipment are some of the technicalities that an experienced OWI defense attorney can use to help you fight your charges. Even if you fail a breathalyzer test, that does not necessarily mean that you will be convicted of OWI and other charges. Since many procedures and types of protocols must be followed to convict someone of OWI in Wisconsin, Attorney Patrick Stangl can fully assess your situation and find opportunities for defense.
» Read also: 15 Ways to Beat a Drunk Driving Case in Wisconsin
What to Expect When Working with Stangl Law on Your OWI Case
Attorney Patrick Stangl has over 32 years of experience defending OWI cases across Wisconsin, with a proven record of success in both State and Federal Courts. Here's how we approach your case:
- Initial consultation and case review. We'll discuss your specific situation, explain charges, and outline potential defense strategies tailored to your circumstances.
- Administrative Hearing (DOT Hearing). We immediately request this hearing to challenge the license suspension and preserve your driving privileges. Timing is critical—contact us immediately.
- Comprehensive investigation. We obtain and analyze all evidence, including police reports, test results, and videos to identify any violations of your rights.
- Filing motions to protect your rights. If violations or inaccuracies are found, we file motions to suppress unlawful evidence. Many cases end here with reduction or dismissal.
- Plea negotiations and strategy. While Wisconsin limits plea bargaining for OWI, we work to secure the best possible outcome.
- Court preparation and trial representation. If necessary, we leverage decades of courtroom experience to present a strong defense at trial.
- Post-resolution support. We help you secure an occupational license, allowing you to drive for essential purposes during suspension.
FREE 10-Minute Legal Consultation
Nationally recognized OWI Defense Attorney Patrick J. Stangl has over 32 years of experience protecting the rights of clients accused of OWI across Wisconsin.
If you're facing OWI charges in Wisconsin, including drug charges or repeat OWI charges, click below to request a FREE 10-minute consultation to discuss your drunk driving or driving under the influence case and help explore options for your defense.
Madison OWI Attorney Patrick J. Stangl, is committed to exploring options for your best defense and has defended clients across the state since 1991. To this end, he is pleased to offer a FREE 10-minute consultation at no obligation to discuss the specifics of your case and take the first step in putting this stressful time behind you.
Stangl Law Offices, S.C.