What to Do if You're Charged with OWI in Wisconsin

Being charged with Operating While Intoxicated (OWI) in Wisconsin is a frightening and overwhelming experience. The decisions you make in the hours and days following your arrest can significantly impact the outcome of your case — and the rest of your life.

At Stangl Law Offices, we've helped numerous clients successfully navigate OWI charges to get them reduced or dismissed altogether, and we've compiled this essential guide to help you understand what steps to take if you're charged with OWI in Wisconsin.

Follow this guide closely to maximize your chances of success.

Our firm has a proven track record of successfully defending OWI cases in Wisconsin. We recently achieved three consecutive OWI 5th/6th offense victories within a one-month period, saving our clients from mandatory prison sentences.

We thoroughly examine every aspect of your case, including:

The legality of the traffic stop
The reliability of field sobriety tests
The accuracy of breath or blood testing
Proper handling of evidence
Constitutional violations

Immediate Actions During an OWI Stop

If you've been charged with OWI, your traffic stop has most likely already happened. But it's important to take a step back and realize that your actions matter the moment you see those flashing lights in your rearview mirror. Here are the critical steps to take during and immediately after an OWI stop:

Stay calm and be respectful. While being pulled over is stressful, maintaining your composure is crucial. Be polite and respectful in your interactions with law enforcement. Antagonizing the officer can lead to additional charges, such as resisting arrest, which will only complicate your case.
Exercise your right to remain silent. Remember that anything you say can and will be used against you in court. Don't incriminate yourself. You are not required to answer questions about where you've been or how much you've had to drink. Politely provide your license, registration, and insurance information but respectfully decline to answer potentially incriminating questions. Law enforcement will often cleverly try to get you to incriminate yourself through friendliness. Again, do not incriminate yourself under any circumstances.
Know your rights regarding field sobriety tests. In Wisconsin, you are NOT legally required to submit to field sobriety tests (FSTs), including the preliminary breath test at the roadside. You have the right to refuse these tests. However, be aware that if you decline FSTs, you should expect to be arrested on the spot. The results of your tests, should you submit to them, can and likely will be used against you.

After You've Been Charged with OWI

Now let's move to the next stage: the stop is over. You've been arrested and potentially charged with OWI. Here's what to do next:

First, document everything.

As soon as possible after your arrest, write down everything you remember about the stop, including:

The exact time and location
The reason the officer gave for pulling you over
Weather and road conditions
Any tests administered
What you said to the officer (in as much detail as possible)
Names of any witnesses

If you haven't already, write this information in a note on your phone, computer, or paper. The more you document, the better.

Second, contact an experienced Wisconsin OWI attorney immediately.

Time is of the essence in OWI cases. A 10-day deadline begins running immediately for challenging either the revocation or administrative suspension of your driving privileges. These administrative proceedings are separate from your criminal case and require immediate attention. Missing these deadlines will result in automatic license suspension.

Use the button below to contact Stangl Law Offices as soon as possible if you haven't already connected with an OWI attorney. The faster you make contact, the more likely you can achieve a desirable outcome with your case.

Third, gather any witness information.

If anyone was with you before, during, or after the stop, get their contact information. Witness testimony can be crucial to your defense, especially regarding your behavior and appearance before the traffic stop.

At this point, your OWI attorney will advise and guide you on the next steps of the process, depending on the specific circumstances of your case.

Understanding the Potential Consequences

The penalties for OWI in Wisconsin vary based on several factors, including:

Whether this is your first or subsequent offense.
Your blood alcohol concentration (BAC) at the time of arrest.
Whether there were any aggravating circumstances (such as having a minor in the vehicle).
Whether anyone was injured.

If this is your first OWI offense, the penalties may include:

Driver's license revocation (six to nine months)
A fine between $150 and $300
An additional $435 OWI surcharge
Ignition Interlock Device (IID) as a condition of license reinstatement or 24/7 sobriety program requirements if over .15 BAC level. (An IID measures your BAC before enabling you to start a vehicle. You must pay the costs of installing, maintaining, and renting the device.)
Mandatory alcohol and/or other drug assessment
Higher insurance rates and SR22 verification

In addition to the penalties listed above, you'll likely need to pay additional fees totaling $240 when you apply for an occupational license.

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.

First-Offense-OWI-Wisconsin

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: 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 improper for several reasons. Following an arrest, blood samples must 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.

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.