Getting charged with a drunk-driving offense in Wisconsin can be an intimidating, stressful experience. The potential consequences if you’re convicted are substantial. You could face fines, jail time and license suspension — at a minimum. You could also put your future employment and housing opportunities at risk.
If you have been charged with OWI, it’s important to have a skilled criminal defense lawyer on your side as soon as possible. Our Milwaukee OWI attorney at Schiro Criminal Defense is ready to provide the legal counsel and aggressive advocacy you’ll need every step of the way.
In the case of emergencies, Attorney John Schiro is available by phone 24/7. Your case — and your best interests — will always be our top priority.
Begin with a phone consultation to discuss the right path forward. Call our Milwaukee OWI attorney at (414) 277-9696 or contact us online now.
What to Do If You’re Pulled Over for an OWI in Wisconsin
When being pulled over on suspicion of an OWI, it’s important to protect yourself and your legal rights from the very beginning. How you handle the stop can have a major impact on your case, so staying calm and informed is key. Here are important steps to take if you are pulled over:
- Stay calm and be respectful: Keep your hands visible and follow the officer’s instructions without argument.
- Do not admit to drinking: Avoid making statements about consuming alcohol or drugs, as anything you say can be used against you.
- Know your rights regarding testing: You may politely decline field sobriety or chemical tests, but be aware that Wisconsin law has penalties for refusals.
- Document the stop if possible: Take note of the officer’s behavior, the time, location, and any other relevant details that may support your case later.
- Contact an experienced OWI attorney immediately: Early legal guidance can help protect your rights, navigate the complex process, and build a strong defense.
Protecting yourself starts the moment the officer approaches your vehicle. Knowing what to do, and what not to do, can make a big difference in the outcome of your case.
Common Defenses for OWI Charges
Skilled attorneys know how to identify weaknesses in the prosecution’s evidence and protect your rights throughout the legal process. Common defense strategies used in OWI cases include:
- Challenging the traffic stop: Determining whether the officer had a valid reason to pull you over.
- Questioning field sobriety tests: Examining whether the tests were administered correctly and fairly.
- Challenging breath or blood test results: Investigating the accuracy of chemical testing procedures and equipment.
- Disputing officer observations: Scrutinizing whether impairment was accurately assessed based on the officer’s observations.
- Highlighting medical or environmental factors: Showing that conditions unrelated to alcohol could have affected your performance on sobriety tests.
Choosing the Right OWI Lawyer in Milwaukee
Choosing the right OWI lawyer in Milwaukee is one of the most important decisions you can make after an OWI arrest. Not all attorneys have the same level of experience or understanding of Wisconsin’s drunk driving laws. But choosing the best DUI lawyer in Milwaukee can be the difference between a reduced charge, a plea agreement, or a dismissal.
At Schiro Criminal Defense, our experienced OWI attorneys know how to navigate the legal system, from challenging the evidence to negotiating for reduced or dismissed charges. From the moment you are arrested, we will make sure your rights are fully protected by explaining all of your legal options.
Understanding the Court Process for OWI Cases
- After an OWI arrest in Wisconsin, the process usually begins with an arraignment, where you will hear the charges, enter a plea, and the court will set dates for future proceedings.
- Pre-trial hearings may be held to address motions, evidence, or potential defenses.
- In some cases, your attorney may negotiate a plea agreement with the prosecutor to resolve the case without a trial.
- If a trial is necessary, both sides present evidence, question witnesses, and argue their case before a judge or jury.
- Throughout each stage, the court may schedule additional hearings related to sentencing, fines, or license restrictions.
OWI Laws in Wisconsin
In Wisconsin, a driver is considered under the influence of an intoxicant when they have a blood alcohol concentration (BAC) of .08% or higher. However, if you have a BAC that is lower than this threshold, a police officer can still charge you with OWI if he or she believes your driving has been impacted by the consumption of drugs or alcohol.
Drunk Driving Terms
In Wisconsin, the term “operating while intoxicated” or “OWI” refers to drunk driving. Some other common terms include:
- Driving Under the Influence (DUI)
- Operating Under the Influence (OUI)
- Driving While Impaired (DWI)
- Driving While Intoxicated (DWI)
- Driving While Under the Influence (DWUI)
- Operating A Motor Vehicle While Intoxicated (OMVI)
- Operating a Vehicle Under the Influence of Alcohol or Drugs (OVI)
- Impaired Driving
- Drink Driving
Field Sobriety Tests
In the state of Wisconsin, there are 3 individual tests that make up The Standardized Field Sobriety Test (SFST). If you are pulled over for a suspected DUI, the officer could perform any of the three to determine your level of intoxication:
- Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe the eyes of the person in question as they slowly move a pen or small object back and forth to look for indicators in each eye that the person is impaired.
- Walk-and-turn test - This test is performed by instructing the person to take nine steps, touching heel-to-toe in a straight line and then return back. The officer is looking for signs that the person is impaired such as not being able to keep their balance, starting before the instructions are finished or not following the instructions properly.
- One-leg stand test - The officer will instruct the person to stand with one foot off the ground and hold it for about 30 seconds or until told to put it down. The officer looks for signs of impairment such as swaying, hoping or using their arms to balance.
What Are the Penalties for OWI in Wisconsin?
If you are convicted of an OWI in Wisconsin, then you will always have that mark on your criminal record. However, a first offense in Wisconsin is not considered a criminal offense even though it is in every other state. The penalties for OWI are largely dependent on the defendant’s number of previous OWI convictions. The more prior offenses, the harsher the penalties. Offenders can also face more stringent punishments for any aggravating factors, such as a BAC of .15% or more, or when a minor under the age of 16 was in the vehicle.
Penalties of first offense OWI in Wisconsin include:
- A fine of $150 to $300
- An OWI surcharge of $435
- 6 to 9 months license revocation
- Mandatory Alcohol and Other Drug Assessment (AODA)
- Ignition interlock device (BAC .15% or higher)
- High-risk driver status, which means increased insurance premiums
- A license reinstatement fee of $200
- 5 days to 6 months in jail (if a minor under 16 was in the vehicle)
Penalties of a second offense OWI in Wisconsin include:
- A fine of $350-$1,100
- 5 days to 6 months in jail
- Ignition interlock device
- License revocation up to 18 months
Penalties of a third offense OWI in Wisconsin include:
- A fine of $600-$4,000
- 45 days to 2 years in jail
- You must complete an alcohol assessment
Penalties of a fourth offense OWI in Wisconsin include:
- Fines increase to $10,000
- License revocation for 3 years
- 60 days to 6 years in jail
- Drug and alcohol assessment
Why Early Legal Representation Matters
- Protect your rights immediately: An attorney can advise you on what to say or not say during interactions with law enforcement.
- Investigate the case thoroughly: Early representation allows your lawyer to gather evidence, review test results, and identify weaknesses in the prosecution’s case.
- Build a strong defense strategy: Starting early gives your attorney time to explore all potential defenses and negotiate favorable outcomes.
- Minimize potential penalties: Prompt legal guidance can impact plea negotiations, sentencing, and other consequences.
- Provide peace of mind: Knowing an experienced professional is handling your case helps reduce stress and uncertainty during a difficult time.
Let Us Help Build a Strong Defense
Regardless of how many previous offenses you have, it is imperative that you fight your charges with a skilled criminal defense lawyer’s assistance. At Schiro Criminal Defense, we know how to weaken a prosecutor’s case against you. For instance, there could have been an error in the field sobriety test, or the officer may have pulled you over illegally. Whatever your situation, our Milwaukee OWI attorney can investigate to find the right tactic to use in defending against your charges. Contact Schiro Criminal Defense to speak with one of our dedicated OWI lawyers today.
Frequently Asked Questions About OWI in Wisconsin
Do I have to go to court for an OWI if I have a lawyer?
If this is your first OWI or DUI, you may not need to be present in court. However, if this is not your first offense, you typically need to attend. Your lawyer will guide you through the process, attend hearings on your behalf when possible, and ensure your rights are protected. Having legal representation can also help negotiate plea agreements or reduced charges, potentially minimizing your time in court.
How much will an OWI lawyer in Milwaukee cost?
The cost of hiring an OWI lawyer can vary depending on your case and the attorney’s experience. Many lawyers offer a free consultation to discuss your situation and provide a clear breakdown of fees. Investing in an experienced DUI attorney can save you from costly fines, license suspensions, or long-term consequences.
What is the best defense for an OWI?
There is no single “best” defense for every OWI case, as each case is unique. Common defenses include challenging the traffic stop, questioning the accuracy of field sobriety or chemical tests, or disputing the officer’s observations. An experienced OWI attorney can evaluate your case, identify weaknesses in the prosecution’s evidence, and develop a defense strategy tailored to your circumstances.
How can I fight an OWI without a lawyer?
While it is legally possible to represent yourself, it is strongly discouraged. OWI laws in Wisconsin are complex, and mistakes in handling your case can lead to serious consequences, including fines, license suspension, and even jail time. A skilled OWI attorney can provide guidance, protect your rights, and significantly improve your chances of a favorable outcome.
Can my OWI charge be reduced or dismissed?
Depending on the facts of your case, an OWI charge may be negotiable. Factors such as the legality of the traffic stop, the accuracy of sobriety tests, or errors in evidence handling can lead to reduced charges, alternative resolutions, or even dismissal.
How long will an OWI stay on my record?
In Wisconsin, an OWI conviction can remain on your criminal record indefinitely, and it may also affect your driving record, insurance rates, and employment opportunities. Certain first-time offenses may allow for record expungement or other post-conviction relief, but consulting an experienced OWI attorney is essential to understand your options and protect your future.
