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Charged With OWI in Wisconsin? What Should You Do Next?

Get the facts on what steps you should take if you have been charged with OWI in Wisconsin. Data presented by a prominent Racine criminal defense lawyer.

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What To Do If You Are Charged With OWI (DUI) In Wisconsin

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.

Have you been arrested and charged with OWI in Wisconsin? Do you think the charges you face are unfair or unjust? If you are wondering where to find an experienced OWI attorney who can help you avoid the serious penalties that are likely to be imposed in an OWI conviction, our firm can help. Our lead attorney at Cafferty & Scheidegger, S.C. has more than 32 years of legal experience. He has also successfully defended countless clients facing DUI and OWI charges.

Our first piece of advice to clients in this type of situation is to exercise their legal rights. Even though you may feel you were wrongfully charged, do not waste your time trying to talk your way out of a criminal charge. Do not offer to give the police a statement without first speaking with your attorney. Never waive your right to counsel. Exercise your right to remain silent and have an attorney present during any and all questioning.

The Governing Wisconsin Statute

Wisconsin’s OWI prohibition is codified at § 346.63. Penalty tiers and aggravators are at § 346.65. Implied consent and the refusal penalties are at § 343.305.

The State has to prove operation, a public roadway, and either impairment or a prohibited BAC. Each element is independently challengeable. Probable cause for the stop, properly administered field sobriety testing, and calibration and chain-of-custody of the breath or blood test are all contested regularly.

First 72 hours

What to do in the first 72 hours after a Wisconsin OWI arrest

The first few days decide license deadlines, video preservation, refusal issues, and whether a client accidentally gives the State more evidence. The right sequence is practical and immediate.

Calendar license deadlines

Request any administrative review or refusal hearing within the 10-day window under § 343.305. Missing the deadline can make revocation automatic even if the OWI facts are defensible.

Preserve evidence

Ask for squad video, body camera, dispatch audio, field-sobriety notes, breath calibration logs, blood-draw paperwork, and chain-of-custody records before routine retention windows become a problem.

Separate the tests

Roadside breath or saliva screening under § 343.303 is different from post-arrest implied-consent testing under § 343.305. Act 99 makes that distinction especially important in THC and drugged-driving cases.

  • Do not explain, apologize, or guess about drinking, cannabis, medication, or driving.
  • Write down the stop location, officer agency, test type, and every deadline on the citation packet.
  • Check Act 210 IID timing before assuming the new occupational-license rules apply.
  • Use the detailed license guides at racineowi.com for refusal, IID, and first-offense procedure.
§ 346.63OWI, PAC, and prohibited-substance OWI § 343.305Implied consent and refusal hearings 2025 Wisconsin Act 99Roadside oral-fluid screening 2025 Wisconsin Act 210IID and occupational-license changes

Consequences of Refusing a Breath or Blood Test

Under Wisconsin’s implied consent law, drivers are required to submit to breath and blood tests in the event they are ever pulled over for a suspected DUI or questioned about OWI, so long as the officer has probable cause. Breath and blood tests are commonly used by law enforcement officers to determine a driver’s blood alcohol concentration (BAC) and whether he or she is breaking the law.

While these tests can be refused, refusal carries serious consequences. Refusing to take the tests can result in:

  • A one-year license revocation for a first-time offense
  • A two-year license revocation for a second-time offense, providing the first offense occurred within the past 10 years
  • A three-year license revocation for a third-time offense, providing the prior offenses each occurred within 10 years of each other

There is no reason to subject yourself to additional penalties unnecessarily. These tests are not as accurate as officers would like you to believe. If procedures are not followed precisely, tests are not administered properly, the testing device is faulty or there are other discrepancies, your attorney may be able to get your test results eliminated as evidence. There are numerous factors that can contribute to a high BAC, and a failed breath or blood test never guarantees a conviction.

Wisconsin OWI Offenses and Penalties

Drivers do need to realize that OWI is a serious offense in Wisconsin. The circumstances surrounding your arrest, the number of prior arrests or convictions you have, as well as various other factors, will determine the types of OWI charges and penalties you may incur. It does not matter whether you are pulled over for drunk driving or an officer found you sitting in your vehicle along the side of a road, if you have a BAC of 0.08 percent or more, you could be facing OWI charges and penalties.

First-time offenders: Penalties for a first offense OWI conviction include fines up to $300 (plus a $365 OWI surcharge), as well as the revocation of your driver’s license for six to nine months.

Second-time offenders with no prior OWI in the past 10 years: Penalties for a second OWI offense are the same as those for a first-time offender.

Second-time offenders with a prior OWI in the previous 10 years: Penalties for this type of second OWI offense include up to $1,100 in fines, a $365 OWI surcharge, between five days and 180 days in jail, driver’s license revocation for up to 18 months and more.

A fourth OWI conviction, and any subsequent OWI conviction, is filed as a felony charge. Additional fines, incarceration time and other harsh penalties may be enforced in cases where the accused has a history of OWI, a minor under the age of 16 is in the vehicle at the time of arrest or the driver has caused serious injury in an alcohol-related accident.

Hire an Aggressive and Experienced Wisconsin OWI Attorney

Retaining the counsel of a skilled OWI attorney as soon as possible following your arrest is one of the most effective ways you can fight back. It does not matter whether your charges stemmed from an error in judgment, an innocent mistake or other factors or circumstances that led to charges being filed against you. Our team is committed to seeing justice served, and we will relentlessly pursue the best result for you as our client. You have rights, and we are here to help you protect those rights. Contact our law office today to find out what to do next. The earlier we are contacted the higher the chances of a positive outcome.

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Frequently Asked Questions

What should I do immediately after being charged with OWI in Wisconsin?
Do not give a statement to police beyond identifying yourself. Request counsel and remain silent. Calendar two deadlines: a 10-day window to request an administrative review hearing under § 343.305(8), and (if you refused) a separate 10-day refusal-hearing window under § 343.305(9). Missing either deadline forfeits significant defense leverage. Then call an OWI defense attorney before the first court appearance.
How long do you go to jail for an OWI in Wisconsin?
Per § 346.65: 1st offense, civil forfeiture, no jail. 2nd offense within 10 years, mandatory minimum 5 days under § 346.65(2)(am)2 up to 6 months. 3rd offense, 45 days to 1 year. 4th offense is a Class H felony under 2015 Act 371 (effective Jan 1, 2017) with up to 6 years prison. 5th and 6th are Class G felonies; 7th-9th are Class F; 10th+ is Class E.
How much is the fine for a first OWI in Wisconsin?
A 1st-offense civil forfeiture is $150 to $300 base, plus a $365 OWI surcharge under § 346.655, plus court costs and statutory surcharges that typically push total out-of-pocket past $800-$1,200. High-BAC aggravators (.17+) double, triple, or quadruple the base forfeiture. The financial sting is usually dwarfed by the 3-year insurance surcharge a conviction triggers.
Should I plead guilty to OWI just to get it over with?
Almost never as a first response. Pleading guilty forfeits suppression motions, the refusal hearing, calibration challenges, and any negotiated reduction (wet-reckless under § 346.62, charge amendment, or dismissal). The State must prove operation, public roadway, lawful stop, lawful arrest, and a properly administered chemical test. Defense counsel attacks each element. Plead only after discovery review.
Can a Wisconsin OWI be reduced to reckless driving?
Sometimes, on a 1st offense without aggravators and where the State has a proof problem (suppression risk, calibration issue, refusal complications). Reduction to reckless driving under § 346.62 avoids the OWI label and, critically, does not count as a prior under § 343.307. Wisconsin prosecutors are tighter on amendments than Illinois or Michigan, so the leverage has to be real.
What's the difference between OWI and PAC in Wisconsin?
Both come from § 346.63 but rest on different theories. OWI under § 346.63(1)(a) requires proof the driver was actually impaired (officer observations, field sobriety tests). PAC (Prohibited Alcohol Concentration) under § 346.63(1)(b) requires only that BAC met or exceeded the legal limit (.08, .04 CDL, .02 under-21 / 3+ priors). Most charging documents allege both; conviction lies on whichever the State proves.
How do I beat an OWI charge in Wisconsin?
By identifying and exploiting a hole in the State's case. Defenses include: no lawful basis for the stop (Fourth Amendment), no probable cause to arrest, improper field sobriety test administration, breath instrument calibration failure or maintenance gap, blood-draw chain of custody break, retrograde extrapolation problems under § 885.235, refusal-hearing dismissal, or trial acquittal. Most wins come from suppression motions, not jury verdicts.
Does an OWI show up on a background check in Wisconsin?
It depends on the offense level and the type of check. A 1st-offense OWI is a civil forfeiture, does not show on a Wisconsin DOJ criminal-history check, but does appear on the DOT MVR and on CCAP (the public court-records portal). A 2nd-or-above OWI is criminal and appears on every check (DOJ, FBI, CCAP, MVR). CDL holders also trigger FMCSA Clearinghouse entries under 49 CFR Part 382.
How long does an OWI stay on your record in Wisconsin?
On the DOT driving record, permanently. Wisconsin OWI convictions count as a prior under § 343.307 within a 10-year window for 2nd-offense charging, and for life for 3rd-offense and above. Criminal OWIs (2nd+) also create permanent DOJ and CCAP records. Expungement under § 973.015 generally does not reach OWI convictions because of statutory carve-outs.

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From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger 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.

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The attorneys at Cafferty & Scheidegger 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.

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The dedication of the team at Cafferty & Scheidegger 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 Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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