Each year thousands of alcohol-related crashes occur due to drivers who operate their vehicles while under the influence. The Wisconsin Department of Transportation’s 2024 impaired-driving fact sheet counts an impaired driver in 27% of the state’s 509 fatal crashes that year, with impaired crashes climbing after 3 pm and peaking between 2 and 3 am. While not everyone who drives under the influence is involved in an accident that causes personal injury or property damage, the offense is serious and offending drivers face serious consequences dependent on their driving history and blood alcohol content (BAC).
You may ask yourself, do I need an attorney for a OWI but many drivers, who have decided to get behind the wheel after a couple of drinks, learn that OWI charges can be very serious indeed. If you have been charged with a DWI or OWI you should consult an attorney with experience and willingness to fight for you. Patrick Cafferty is an aggressive, experienced OWI defense attorney with decades of experience and hundreds of successful Wisconsin drunk driving defense cases. He is respected by fellow prosecutors and judges and works hard to help clients keep their driving record clear of an OWI and the harsh consequences that often come with it.
The Governing Wisconsin Statute
OWI is prohibited at § 346.63. Penalty tiers at § 346.65 escalate quickly once a prior OWI enters the picture. Wisconsin is unique in that a first OWI is a civil forfeiture, not a crime. A second offense within 10 years is a criminal misdemeanor. A fourth is a Class H felony.
Because the penalty tier turns on the date and jurisdiction of each prior conviction, and because aggravators (a minor passenger, a BAC of .17 or higher, causing injury) can double or triple exposure, an attorney who knows both the statute and the local courts is usually the difference between a fair outcome and an unnecessarily harsh one.
Do I Need An Attorney for an OWI?
In Wisconsin, it is illegal to operate a vehicle while under the influence of alcohol. Drivers are often pulled over by the police for things such as swerving in and out of lanes, reckless driving behavior. If you are suspected of driving while under the influence, you will be tested to determine whether or not you are impaired.
Cases involving an OWI charge can be complex and difficult to navigate on your own. Even if you feel as if you understand Wisconsin laws, it is strongly suggested that you don’t attempt fighting your OWI violation on your own. OWI cases may seem straightforward but a driver can face serious consequences from hefty fines to license suspension to jail time. Without the help of an experienced attorney, you might not truly understand the gravity of the charges against you. Similarly, your attorney may be able to determine important details surrounding the circumstances of your case which could ultimately aid in a successful resolution of the charges against you.
If you have prior driving convictions, including alcohol-related offenses, or are under the age of 21, an attorney is strongly recommended. If you have a job that requires a good driving record, an attorney can help mitigate the consequences you are facing. No matter how severe the charges are against you, an experienced OWI attorney should be consulted as soon as you can.
What an OWI Lawyer Does at Each Stage
- The first ten days. Requesting the administrative review under § 343.305(8) and, after a refusal, the refusal hearing under § 343.305(9). Missing either deadline gives up a hearing that can be won or used to question the officer under oath.
- Keeping you driving. Applying for an occupational license under § 343.10 where you are eligible, so a revocation does not cost you your job.
- Getting the evidence. Squad and body-camera video, the breath instrument’s maintenance and calibration records, the blood-draw paperwork and the lab file. Some of it has to be requested early or it may not be kept.
- Testing the stop and the arrest. A stop needs reasonable suspicion and an arrest needs probable cause. Field sobriety tests have to be given the standard way. If the stop or the arrest fails, the test result that followed can be suppressed.
- Counting the priors. In a repeat case, whether each prior counts under § 343.307 decides whether the charge is a civil forfeiture, a misdemeanor or a felony. See what is an OWI in Wisconsin for the full penalty ladder.
- Negotiating or trying the case. A reduction to reckless driving under § 346.62 does not count as a prior OWI. Where the evidence does not support a conviction, the case is tried.
When Going Without a Lawyer Costs the Most
A lawyer is worth talking to in every OWI, but some cases leave no room for mistakes: any prior OWI, suspension or refusal on your record; a crash or an injury; a child in the car; a high test result; a refusal; a commercial driver’s license; drivers under 21; and anyone who needs to drive for work. In a fourth or later offense the charge is already a felony, a Class H felony at the fourth and higher classes after that.
We Challenge Your Case
An OWI offense is serious, but can also be frustrating and scary. There is no reason that you should have to sort out the details and the potential consequences on your own. Choosing a local, experienced, and confident attorney who offers free consultation might be the perfect fit for your legal needs.
Contact a Drunk Driving Defense Lawyer
From the offices in Racine, Patrick Cafferty defends the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin and Northern Illinois. Contact us right away to arrange a free consultation today.
