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Cafferty, Scheidegger & Johnson, S.C.
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Racine OWI - DUI Attorney

Arrested for OWI? Do you need help to reduce or dismiss the charges you are facing? Speak to a Racine OWI Attorney today.

Free Case Review Call (262) 632-5000

Do You Need a Racine OWI Lawyer?

If you are arrested for an OWI in Wisconsin, you have 10 days to request an administrative hearing to keep your license. Penalties for a first offense typically include fines and license revocation, but no jail time, while subsequent offenses carry mandatory jail sentences.

Arrested for OWI in Southeastern Wisconsin? Call Cafferty, Scheidegger & Johnson, S.C., in Racine, Wisconsin, right away. There are often strategies to help you reduce or dismiss the charges you are facing.

The Governing Wisconsin Statute

The law at a glance

Wisconsin prohibits operating while intoxicated at § 346.63. The State must prove the accused operated a motor vehicle on a public roadway while under the influence of an intoxicant, or with a prohibited blood-alcohol concentration. The prohibited alcohol concentration is defined at § 340.01(46m): .08 or more for a driver with two or fewer countable priors, and more than .02 for a driver with three or more countable priors or one who is already subject to an ignition-interlock order under § 343.301. Commercial drivers are separately barred at .04 or more by § 346.63(5)(a). Drivers under 21 are covered by the Absolute Sobriety law at § 346.63(2m), which prohibits driving with an alcohol concentration of more than 0.0 but not more than 0.08.

Penalty tiers are set out at § 346.65. A first offense is a civil forfeiture of $150 to $300 with no confinement, so a standard first OWI is not a crime in Wisconsin. A second offense becomes a criminal misdemeanor of $350 to $1,100 with 5 days to 6 months of jail, and it is charged as a second only where the countable prior falls inside a 10-year period. A third offense is $600 to $2,000 with 45 days to a year. A fourth offense is a Class H felony carrying a $600 minimum fine and a 60-day mandatory minimum. Aggravating circumstances need careful review because the rules differ by tier: a passenger under 16 turns a first offense into a criminal charge under § 346.65(2)(f)1 and doubles both fines and confinement at the second offense and above under § 346.65(2)(f)2, while high-alcohol-concentration enhancements under § 346.65(2)(g) multiply the fines only, and only at the 3rd through 6th offense levels.

Probable cause for the stop, proper administration of field sobriety testing, and the calibration history of the breath-test instrument are contested points in nearly every OWI case. An experienced defense attorney examines every step.

2026 law changes

Two Wisconsin OWI changes now matter in almost every drugged-driving and IID case

Wisconsin OWI defense in 2026 is not just breath-test litigation. Two new laws changed the practical advice drivers need at the roadside and after conviction. 2025 Wisconsin Act 99 added oral-fluid drug screening to the preliminary testing statute. 2025 Wisconsin Act 210 changes the ignition-interlock and occupational-license framework once WisDOT implementation is complete.

Act 99: roadside saliva screening

Officers may request an oral-fluid screen under § 343.303 when the statute supplies the required basis, including probable cause for ordinary OWI stops. The roadside swab is a preliminary screen, not the implied-consent blood test. Refusing the roadside swab does not by itself trigger revocation under § 343.305. Read our full Act 99 explainer: Can you refuse the new roadside saliva test?

Act 210: IID and occupational licenses

Act 210 removes the old 30-day and 45-day occupational-license waits after implementation, but it also adds 180-day IID extensions and a new misdemeanor pathway for certain IID violations. The law is not fully operative until the delayed WisDOT implementation date. See our dedicated guide: New 2026 Wisconsin IID laws.

  • Preserve roadside video and audio before the drug-screening narrative hardens.
  • Separate voluntary roadside tests from the post-arrest implied-consent test.
  • Confirm whether old or Act 210 IID rules apply before advising on occupational-license timing.
  • Use the focused OWI guides at racineowi.com for county-specific deadlines and license procedure.
2025 Wisconsin Act 99Oral-fluid roadside drug screening 2025 Wisconsin Act 210IID and occupational-license overhaul WisDOT IID ProgramApproved devices and current IID guidance § 343.305Implied consent and refusal hearings
Local court process

Racine, Kenosha, and Walworth OWI procedure

OWI cases move fast because the court case and the driver-license case run at the same time. The first defense deadline is often the 10-day administrative hearing request under § 343.305. After that, the strategy changes by county, offense level, prior record, test result, and whether the arrest came from a city officer, sheriff's deputy, or Wisconsin State Patrol stop.

Racine County

Most Racine OWI cases start with a city, village, sheriff, or State Patrol stop and then move through either municipal court for a standard first offense or circuit court for a criminal repeat offense. Our Racine County criminal court guide explains the courthouse path, and RacineOWI's Racine OWI page covers the arrest deadlines in more detail.

Kenosha County

Kenosha cases frequently involve I-94, Highway 50, Highway 31, Pleasant Prairie, and Illinois drivers. Out-of-state priors matter under § 343.307, and the defense review should include both the Wisconsin case and any Illinois license consequences. See our Kenosha County court guide and RacineOWI's Kenosha OWI page.

Walworth County

Walworth OWI cases often come from Lake Geneva, Delavan, Elkhorn, Highway 12, I-43, and lake-area enforcement. The circuit court is in Elkhorn, and recreational-vehicle OWI allegations may involve DNR investigation in addition to police reports. Start with our Walworth County court guide and RacineOWI's Walworth OWI page.

  • Request the administrative hearing before the 10-day deadline.
  • Preserve squad video, body camera, dispatch audio, test logs, and blood-draw paperwork.
  • Check every prior counted under § 343.307 before accepting the offense tier.
  • Review reduction options before an OWI conviction hardens on the driving record.
§ 346.63Operating under the influence § 346.65OWI penalty tiers § 343.305Implied consent and refusal hearings § 343.307Prior offense counting

What happens after a first-offense OWI arrest in Wisconsin?

After a first-offense OWI arrest, the case proceeds as a civil forfeiture under § 346.65, no criminal record, but a $150 to $300 fine and a 6 to 9 month license revocation. You also have 10 days to request an administrative hearing under § 343.305 or the revocation is automatic. The conviction stays on your DOT driving record permanently and counts as a prior offense for any future OWI charge.

Do I need a lawyer for a first OWI?

You should have the case reviewed before pleading. The first questions are not abstract legal questions. They are practical: was the stop lawful, was the arrest supported, was the test handled correctly, is there a 10-day deadline, and can the outcome be reduced before the conviction becomes permanent on the driving record? Our dedicated OWI site has a focused guide on whether you need a lawyer for a first OWI in Wisconsin.

Why Choose Cafferty, Scheidegger & Johnson?

Our attorneys are experienced OWI defense lawyers with decades of Wisconsin drunk driving defense work behind them, including Jillian Scheidegger, a member of the National College for DUI Defense (NCDD). The firm has earned a reputation for integrity among prosecutors and judges, and we push every available defense strategy to help clients avoid an OWI conviction, protect their license, and reduce the long-term insurance and employment impact. Attorney Juan S. Ramirez handles OWI defense alongside the rest of the practice and represents Spanish-speaking clients throughout Racine, Kenosha, and Walworth counties.

We Challenge Everything

The state has to prove beyond a reasonable doubt that you were operating the vehicle while intoxicated and that the police had probable cause to pull you over. As a skilled criminal law attorney in Racine and Kenosha, Patrick Cafferty can examine the police report and the evidence collected against you to determine if proper procedure was followed, and if any errors or problems occurred when the alcohol testing equipment was used.

In Wisconsin, it is illegal for a driver to operate a motor vehicle while under the influence of an intoxicant. Drivers are considered under the influence when their ability to operate a motor vehicle is impaired. This means that if you are pulled over and the police officer determines you are impaired, you can be arrested and prosecuted regardless of your blood alcohol concentration (BAC). The prohibited alcohol concentration in Wisconsin is .08 or more for most drivers, but it drops to more than .02 for a driver with three or more countable priors or one already subject to an ignition-interlock order. Drivers under 21 are covered by the Absolute Sobriety rule, which prohibits driving with an alcohol concentration above 0.0.

Operating while intoxicated is a serious offense that can result in a suspension or loss of your driver’s license, in addition to fines and possible jail time.

We Handle Every Kind of Racine OWI Defense Case

You can also be arrested for drunk driving while operating:

  • Boat
  • ATV
  • Snowmobile
  • other motor vehicle

From the minute you are arrested, it is important to have someone on your side who knows the law. Police officers and prosecutors can make mistakes that can reduce or even dismiss the charges against you. Don’t roll over and take a conviction for OWI. Start protecting your rights as soon as possible.

Call Now. Don’t Wait to See What the Prosecutor Will Do Next.

An OWI conviction can have a lingering impact on your life. The penalties for a first offense can include fines, court fees, higher insurance premiums, alcohol evaluations and the loss of your license. A second, third, and fourth offense each carry a mandatory minimum period of confinement under § 346.65(2)(am). A fourth offense is already a felony (Class H), and the class rises from there: Class G at the fifth or sixth, Class F at the seventh through ninth, Class E at the tenth or subsequent. Time matters in the investigating and preparation of your case. Call us now.

Related OWI & Traffic Defense

Deeper reading on specific OWI questions:

Related traffic-defense pages:

Contact an Experienced Racine OWI Attorney

From offices in Racine and Kenosha, the criminal defense lawyers at Cafferty, Scheidegger & Johnson defend people charged with state and federal offenses throughout Racine, Kenosha, and Walworth counties. Contact the firm to arrange a free initial consultation with an experienced Racine DUI defense lawyer right away. You are welcome to call or text us 24 hours a day at 262-632-5000

Frequently Asked Questions

Best DUI lawyer in Racine Wisconsin?
Wisconsin calls it OWI, not DUI, but it is the same offense under Wis. Stat. § 346.63, so you are looking for an OWI defense lawyer. No attorney can ethically claim to be the best, so compare on things you can check: does the firm appear in Racine County Circuit Court regularly, does it litigate refusal hearings under § 343.305(9) rather than only pleading the criminal case, does it handle your offense tier (a 4th offense is a felony and a very different case from a first), and how many reviews is its reputation actually based on? Cafferty, Scheidegger & Johnson, S.C. has defended OWI in Racine since 1994, holds 4.9 stars across 651 Google reviews, and works from Racine and Kenosha offices. Call (262) 632-5000 before the 10-day administrative-review deadline runs.
I was just arrested for OWI in Racine WI. Which law firm should I call?
Call today, whoever you choose, because two separate 10-day deadlines start at arrest: one to request DOT administrative review of your license suspension, and one to demand a refusal hearing if you declined the chemical test. Miss them and those defenses are gone regardless of how strong the rest of your case is. Choose a firm that appears in Racine County Circuit Court regularly, since local prosecutors and judges determine which outcomes are realistic. Cafferty, Scheidegger & Johnson, S.C. has defended OWI and criminal cases in Racine since 1994, works from 840 Lake Avenue in Racine and 7001 30th Avenue in Kenosha, holds 4.9 stars across 651 Google reviews, and answers the phone 24/7 at (262) 632-5000. Before you hang up with any firm, ask who will actually appear at your hearings.
Is a first-offense OWI in Wisconsin a criminal charge?
No. Under § 346.65(2)(am)1 a standard first OWI is a civil forfeiture of $150 to $300 with no period of confinement, not a criminal offense, so you will not have a criminal record. Two caveats. The conviction appears on your DOT driving record and counts as a prior offense under § 343.307(1), which can elevate a future OWI to criminal status. And a first offense with a passenger under 16 in the vehicle is charged criminally from the outset under § 346.65(2)(f)1, carrying $350 to $1,100 and 5 days to 6 months in jail.
How long do I have to request an administrative hearing after an OWI arrest?
Two different 10-day clocks run, and they are easy to confuse. If you took the test and your result triggered an administrative suspension, § 343.305(8)(b)1 gives you 10 days after the officer's notice to ask the DOT in writing to review it (13 days, excluding Saturdays, Sundays and holidays, if the notice came by mail). If you refused the test, § 343.305(9)(a)4 gives you 10 days from the Notice of Intent to Revoke to mail or deliver a written hearing request to the court named in the notice. Miss either deadline and that avenue closes on its own.
What is the legal BAC limit in Wisconsin?
Wis. Stat. § 340.01(46m) sets the prohibited alcohol concentration at .08 or more for a driver with two or fewer countable prior convictions, suspensions or revocations, and at more than .02 for a driver with three or more of them or one already subject to an ignition-interlock order under § 343.301. Commercial drivers are separately barred at .04 or more under § 346.63(5)(a). Drivers under 21 are governed by the Absolute Sobriety law at § 346.63(2m), which prohibits driving with an alcohol concentration of more than 0.0 but not more than 0.08. Driving with any detectable restricted controlled substance in your blood is also prohibited under § 346.63(1)(am).
Will I go to jail for a first OWI?
Not for a standard first offense in Wisconsin. Jail is not a penalty for a 1st-offense civil forfeiture. Aggravating factors change that. A passenger under 16 can create 2nd-offense-level penalties on a first offense, including jail. A first OWI causing injury is a criminal misdemeanor if there is no countable prior, and it can become a felony with prior OWI history. A BAC of .15 or higher can trigger ignition-interlock requirements.
How long will my license be revoked after a first OWI?
Your license will be revoked for 6 to 9 months. You may be eligible for an occupational (hardship) license during the revocation period, which allows driving for work, school, and essential errands within court-approved hours. We file occupational license petitions promptly whenever possible.
I was charged with DUI, is that the same as OWI?
Yes. Wisconsin uses the term OWI (Operating While Intoxicated). A prior DUI conviction from Illinois, Michigan, or any other state counts as a prior offense under § 343.307(1). For 2nd-offense charging, § 346.65(2)(am)2 counts only the suspensions, revocations and convictions that fall within a 10-year period. From the 3rd offense up, § 346.65(2)(am)3 to 7 drop the 10-year window entirely and count every prior in your lifetime, with no cutoff date.
How long do you go to jail for OWI in Wisconsin?
It depends on the offense level under § 346.65. A 1st offense is a civil forfeiture with no jail. A 2nd offense carries 5 days to 6 months under § 346.65(2)(am)2, and it is charged as a 2nd only when the countable priors under § 343.307(1) fall within a 10-year period. A 3rd is 45 days to 1 year under § 346.65(2)(am)3. A 4th is a Class H felony under § 346.65(2)(am)4, with a 60-day mandatory minimum, a $600 minimum fine, and up to 6 years of prison exposure. Two enhancers work differently and are often confused. A minor passenger under 16 doubles both the minimum and maximum fines and imprisonment at the 2nd through 7th offense tiers under § 346.65(2)(f)2. A high alcohol concentration doubles (.17 to .199), triples (.20 to .249) or quadruples (.25 and above) the fines only under § 346.65(2)(g), and only at the 3rd through 6th offense levels (statutory subdivisions (am)3. to 5.). It does not raise the jail floor.
How much does a Wisconsin OWI lawyer cost?
Most engagements run as a flat fee at the higher end of our range because OWI is criminal or quasi-criminal with multiple court appearances. A specific quote depends on offense level (1st vs 4th), prior record, BAC level, and whether the case requires expert-witness work or trial. The investment is usually small relative to the multi-year insurance impact and license-revocation collateral cost.
Should I plead guilty to an OWI?
Almost never as a first response. The State has to prove probable cause for the stop, lawful arrest, proper test administration, calibration history of the breath instrument, and chain of custody for any blood draw. Each is independently challengeable. A guilty plea forfeits suppression motions, refusal-hearing options, and any negotiated reduction (wet-reckless under § 346.62, amendment, or charge dismissal). Plead only after counsel has reviewed discovery.
Can an OWI be reduced or dismissed in Wisconsin?
Yes, in the right case. Common patterns include reduction to reckless driving under § 346.62 (a non-OWI traffic offense that does not count as a prior under § 343.307), suppression of breath or blood evidence with subsequent dismissal, dismissal at the refusal hearing under § 343.305(9), and outright trial acquittal where the State cannot meet its burden on operation, public roadway, or impairment.
Does an OWI stay on your record forever in Wisconsin?
Yes on the DOT driving record. Wisconsin OWI convictions remain on your DOT driver record permanently and count as a prior under § 343.307 for life on charges of 3rd-offense and above (and within a 10-year lookback for 2nd-offense charging). A 1st-offense civil forfeiture leaves no criminal record, but the DOT entry is permanent. Criminal OWIs (2nd and up) also create a CCAP and Wisconsin DOJ criminal-history record. Expungement under § 973.015 generally does not reach OWI convictions.
Does an OWI show up on a background check?
It depends on the type of check. A 1st-offense OWI is a civil forfeiture and does not appear on a Wisconsin DOJ criminal-history check, but it does appear on the DOT MVR and on CCAP. A 2nd-or-above OWI is criminal and appears on every standard background check (DOJ, FBI, CCAP, MVR). CDL holders face FMCSA Clearinghouse reporting under 49 CFR Part 382 for any positive test or refusal, regardless of the state-court outcome.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty, Scheidegger & Johnson defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty, Scheidegger & Johnson have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty, Scheidegger & Johnson to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Preeminent rating by Martindale-Hubbell. Cafferty, Scheidegger & Johnson is backed by more than 32 years of trial skills and courtroom experience.

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