Understanding OWI Charges in Wisconsin and Your Legal Options

By Jason Goldstein, Criminal Defense

An Operating While Intoxicated (OWI) charge can affect nearly every part of a person’s life, from the ability to drive to employment and financial stability. Wisconsin has some of the most detailed OWI laws in the country, and understanding how the process works can help people make clearer decisions during an uncertain and stressful time. This guide explains what an OWI charge means, what typically happens after an arrest, and what options may be available as the case moves forward.

What Counts as an OWI in Wisconsin

Wisconsin law allows a person to be charged with OWI under several circumstances. A driver may be considered impaired if:

• Their blood alcohol concentration (BAC) is 0.08% or higher
• They are under the influence of alcohol or drugs to the point that their driving ability is impaired
• They have any detectable amount of a restricted controlled substance in their system
• They are under 21 and violate Wisconsin’s absolute sobriety law, where any amount of alcohol can result in a citation

The rules are even stricter for commercial drivers, who may face an OWI with a BAC of 0.04%. Importantly, an OWI can result not only from alcohol, but also from prescription medications or other substances that affect driving.

What Happens During an OWI Traffic Stop

Most OWI cases begin with a traffic stop based on a specific driving behavior, such as drifting, speeding, or having a broken taillight. Once pulled over, an officer may:

• Ask questions to assess impairment
• Conduct field sobriety tests such as the walk-and-turn or one-leg stand
• Administer a preliminary breath test (PBT) at the roadside
• Make an arrest if impairment is suspected
• Request an evidentiary breath or blood test for an official BAC result

Under Wisconsin’s implied consent law, drivers who refuse testing may face additional penalties, including license revocation or a requirement to install an ignition interlock device. These consequences can apply even if the person is never ultimately convicted of OWI.

Potential Penalties for OWI in Wisconsin

The consequences of an OWI depend on whether it is a first offense or a repeat offense, as well as other factors such as property damage, injuries, or the presence of minor passengers.

Common penalties include:

• Fines and surcharges
• License suspension or revocation
• Mandatory alcohol and drug assessments
• Ignition interlock device requirements
• Probation
• Jail time for certain offenses

A first OWI offense is typically a civil violation unless injury or other aggravating circumstances are present. However, second and subsequent offenses are criminal matters. Penalties increase sharply with each repeat offense, making the long-term impact more severe.

When an OWI Includes Aggravating Factors

Certain circumstances make OWI charges more serious, including:

• A BAC of 0.15% or higher
• Causing injury or property damage
• Having a minor under 16 in the vehicle
• Driving with a revoked license
• Multiple prior OWI convictions

These factors may lead to enhanced penalties, longer revocation periods, or mandatory jail sentences.

How Prior Convictions Affect the Case

Wisconsin has a lifetime lookback period, meaning prior OWI convictions never “expire” for sentencing purposes. Even a conviction from decades earlier can affect today’s penalties, resulting in:

• Higher fines
• Longer mandatory jail time
• Expanded ignition interlock requirements
• Much longer license revocations

Understanding how prior convictions affect the current charge is critical when evaluating legal options.

Evidence That Can Influence an OWI Case

Several types of evidence can strengthen or weaken an OWI case, including:

• Dashcam or bodycam footage
• Officer observations and reports
• Breath or blood test results
• Calibration and maintenance logs for testing devices
• Witness testimony
• Medical conditions that may affect balance, coordination, or speech

Sometimes the issue is not whether alcohol was present, but whether the police followed proper procedures. Errors or inconsistencies in the evidence can affect the outcome of the case.

Legal Options After an OWI Charge

Many people are surprised to learn that there are multiple paths forward after an OWI arrest. Common strategies include:

Challenging the Reason for the Traffic Stop

An officer must have reasonable suspicion to initiate a stop. If that requirement was not met, certain evidence may be excluded.

Questioning the Accuracy of Breath or Blood Tests

Testing devices must be properly maintained and administered. Problems with calibration, timing, or procedure can influence test results.

Identifying Procedural Errors

If required steps were not followed during the arrest or testing process, the state’s case may be weakened.

Negotiating for Alternative Outcomes

Depending on the circumstances, it may be possible to negotiate reduced penalties, amended charges, or access to treatment-focused programs.

Addressing License Revocation Early

The administrative license suspension process is separate from the criminal case. Deadlines arrive quickly, and early action can help preserve driving privileges while the case is pending.

Steps to Take After an OWI Arrest

A few practical steps can help protect your rights:

• Review the documents provided at the time of arrest
• Note the deadline for requesting an administrative hearing (often within 10 days)
• Track upcoming court dates
• Avoid discussing details of the incident with anyone other than your attorney
• Follow temporary license instructions carefully

Being proactive helps prevent missed deadlines and unnecessary complications.

Moving Forward After an OWI Charge

An OWI charge can have significant consequences, but understanding the process can make what comes next more manageable. Each case is shaped by driving history, test results, and the circumstances of the stop. Knowing what an OWI involves, how evidence works, and what options may be available allows people to move forward with greater clarity and confidence.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult an attorney at Bosshard Parke.