Wisconsin OWI Defense Attorneys
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Madison, WI
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(608) 204-5807
Facing an OWI Charge in Wisconsin? Let DK Anderson, S.C. Defend You
A drunk driving charge in Wisconsin carries serious consequences, affecting your freedom, finances, and future opportunities. If convicted, you may face license revocation, fines, mandatory alcohol assessments, and potential jail time, especially for repeat offenses.
OWI Lawyer in Wisconsin
At DK Anderson, S.C., we understand the stress and uncertainty that comes with an OWI charge. Our experienced Wisconsin OWI defense attorneys fight aggressively to protect your rights, challenge evidence, and work toward the best possible outcome.
Understanding OWI, PAC, and Restricted Controlled Substance Charges in Wisconsin
In Wisconsin, being arrested for drunk driving typically results in two distinct charges: Operating While Intoxicated (OWI) and Operating with a Prohibited Alcohol Concentration (PAC). These charges are designed to cover different aspects of driving under the influence, providing prosecutors with dual avenues for securing a conviction. However, it’s important to note that even if convicted on both counts, sentencing will only apply to one of the charges.
Operating While Intoxicated (OWI):
OWI focuses on the impairment of your driving ability due to intoxication. To secure a conviction, the prosecution must demonstrate that you were operating a vehicle on public roads and were impaired by alcohol or another intoxicant at the time, to the extent that you could not safely control the vehicle. This charge emphasizes the level of impairment rather than the specific BAC.
Prohibited Alcohol Concentration (PAC) Charges:
In contrast, a PAC charge is solely concerned with your BAC level at the time of driving, specifically if it exceeds the legal limit of .08. This charge does not take into account your actual driving performance or perceived impairment. It’s based strictly on the quantifiable measure of alcohol in your bloodstream.
Operating with a Restricted Controlled Substance:
Additionally, Wisconsin law penalizes driving with any detectable amount of a restricted controlled substance in your blood. Similar to the PAC charge, this charge doesn’t require proving impairment at the time of driving—merely the presence of the restricted controlled substance is sufficient for a charge.
Penalties for an OWI Conviction in Wisconsin
OWI penalties increase with each offense, leading to harsher fines, longer license revocations, and mandatory jail or prison time:
*Revocation for a fourth offense OWI is lifetime unless your previous OWI was more than 15 years prior.
Refusing a breath or blood test triggers an automatic license revocation and ignition interlock device under Wisconsin’s implied consent laws if convicted.
Aggressive OWI Defense Strategies
Facing an Operating While Intoxicated (OWI) charge demands a proactive and thorough defense approach. At DK Anderson, S.C., we commit to leveraging every possible avenue to build a strong defense on your behalf. This includes a meticulous review of all evidence against you, starting with the request for squad car videos from your arrest.
These videos often yield critical insights that may differ from the arresting officer’s report, especially concerning your performance on field sobriety tests (FSTs). The manner in which these tests are conducted and your performance can significantly impact your case, particularly if the initial stop was for a reason unrelated to erratic driving, such as an equipment violation.
Our aggressive defense strategy emphasizes scrutinizing the smallest details of your case. From the traffic stop to the administration and performance of FSTs, and comparing these findings against the officer’s account. At DK Anderson, S.C., we understand the profound impact an OWI charge can have on your life, and we’re dedicated to fighting for the best possible outcome. If you’re facing an OWI charge, contact us to ensure that every step of your defense is handled with the attention to detail and aggressiveness it deserves.
Challenging the stop
Drunk driving defense often starts with looking at whether or not the officer had a legitimate reason for making a traffic stop. If the officer lacks probable cause to make the stop we may be able to get evidence suppressed. Evidence such as the blood or breath test and the field sobriety tests.
Attacking the field sobriety tests
Field sobriety tests must be conducted as the officer was trained. There are three standard field sobriety tests: Horizontal Gaze Nystagmus test, the Walk and Turn, and the One Leg Stand. Each one of these tests presents the opportunity to attack the way the officer administered the test.
Challenging the Arrest
Just as the officer needed probable cause to initiate the traffic stop, he or she needs probable cause to administer the PBT and make an arrest for an OWI. Arguing that under the totality of the circumstances the officer lacked probable cause can result in evidence getting suppressed.
Challenging the accuracy of the chemical test
Whether you took a blood test or a breath test a result over .08 BAC does not mean all hope is lost. Machines and laboratories can malfunction and make mistakes. A careful review of the records can lead to compelling arguments for a jury.
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Blood Alcohol Curve Defense
Just like the defense above, a BAC above a .08 is not the end of it. Successful arguments can be made that at the time of operation your blood alcohol level was lower than a .08. This drunk driving defense is based on the absorption rate of alcohol and the time of last drink.
Time of operation/ no witness to driving
Many individuals are cited for an OWI even when the officer does not witness them driving or operating the vehicle. This is common when they find someone sleeping or passed out on the side of the road. In these circumstances the blood or breath test may not carry the same weight. In other instances a good OWI defense attorney can keep the results out all together.
Common OWI Charges in Wisconsin
OWI & Your Driver’s License: What You Need to Know
License suspension is one of the most immediate consequences of an OWI arrest. Here’s what to expect:
- Administrative Suspension – If you don’t request a hearing within 10 days, your license is automatically suspended for 6 months.
- Revocation Upon Conviction – A first offense leads to 6–9 months of revocation, while repeat offenses result in longer revocations.
- Ignition Interlock Device (IID) – Required for BAC of 0.15 or higher, second and subsequent offenses, and test refusals.
- Permanent Revocation – Wisconsin will permanently revoke your license after four OWIs.
We help clients challenge suspensions and seek occupational licenses to continue driving legally.
What to Do After an OWI Arrest in Wisconsin
✔ Stay Calm & Avoid Admitting Guilt – Anything you say can be used against you.
✔ Request an Attorney Immediately – A lawyer can protect your rights from the start.
✔ Request an Administrative Hearing – You have 10 days to challenge your license suspension.
✔ Gather Details About Your Arrest – Take notes on what happened before, during, and after the stop.
The sooner you involve an attorney, the better your chances of avoiding harsh penalties.
Why Choose DK Anderson, S.C. for Your OWI Defense?
- 10+ Years of Courtroom Experience – We know Wisconsin OWI laws inside and out.
- Aggressive Defense Strategies – We challenge breath tests, field sobriety tests, and traffic stops.
- Proven Track Record – Our clients trust us to fight for dismissals and reduced charges.
- Local Knowledge – We understand Wisconsin court procedures, judges, and prosecutors.
Take Action Now – Free Consultation
A Wisconsin OWI conviction can have lasting consequences, but the right defense can make a difference. Don’t wait—act now to protect your future.
📞 Call (608) 204-5807 to discuss your case today.
Frequently Asked Questions - Wisconsin OWI Charges
The penalties for a first offense OWI in Wisconsin are: a fine of $150-$300 plus court costs and the OWI surcharge of $435, revocation of your driver’s license for 6-9 months, mandatory AODA assessment and recommended treatment, and if your BAC is ≥.15 an ignition interlock device for a period of 12 months.
The penalties for a second offense OWI in Wisconsin are: a jail sentence of 5 days – 6 months, a fine of $350-$1,100 plus court costs and the OWI surcharge of $435, revocation of your driver’s license for 12-18 months, ignition interlock device for a period of 12-18 months, mandatory AODA assessment and recommended treatment.
The penalties for a third offense OWI in Wisconsin are: a jail sentence of 45 days – 1 year, a fine of $600-$2,000 plus court costs and the OWI surcharge of $435, revocation of your driver’s license for 24-36 months, ignition interlock device for a period of 24-36 months, mandatory AODA assessment and recommended treatment.
An OWI conviction in Wisconsin is permanently recorded on your driving record. This means it cannot be expunged or removed, and it can be considered in sentencing for any future offenses.
Yes, you can refuse to perform field sobriety tests in Wisconsin. These tests are voluntary, and there are no penalties for refusal. However, refusing may lead the officer to rely on other evidence, such as observations or chemical tests, to establish impairment.
Yes, an OWI conviction in Wisconsin can affect your driving privileges in your home state. Wisconsin reports OWI convictions to other states, and your home state may impose its own penalties, such as license suspension or revocation, based on its laws and regulations.
Yes, Wisconsin allows occupational licenses for first-time offenders and certain repeat offenders, allowing limited driving for work, school, and essential activities. However, restrictions apply, and legal guidance is recommended.
Multiple OWI convictions carry severe penalties, including mandatory jail time. It’s critical to consult an experienced OWI lawyer immediately to explore defense strategies that may reduce charges or penalties.
Depending on the circumstances and the county, alternatives such as treatment court programs may be available, especially for repeat offenders. These programs focus on rehabilitation and may reduce or replace jail time with mandatory treatment and regular court appearances. It’s crucial to consult with an experienced OWI defense attorney to navigate the complexities of Wisconsin’s OWI laws and to explore all available options for your specific situation.
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
Drug Charges
Our Wisconsin Drug charge attorneys know the law and how to apply that law in the court room.
Domestic Violence
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.