Wisconsin OWI Defense Attorneys

Madison, WI

(608) 204-5807

Top-Rated OWI Defense In Wisconsin

Facing an OWI Charge in Wisconsin? DK Anderson, S.C. Can Assist

Dealing with a drunk driving charge in Wisconsin comes with its share of stress and potential long-term implications. An OWI conviction doesn’t just affect you legally. It extends to impacting your family life, career prospects, and driving privileges, not to mention the significant financial strain it can introduce. The stakes are raised even higher with a second or subsequent conviction. A second and subsequent OWI charge is treated as a criminal offense in Wisconsin. This includes mandatory jail time and the requirement for an ignition interlock device (IID) on all vehicles registered in your name.

In these critical moments, the importance of having seasoned legal representation cannot be overstated. At DK Anderson, S.C., our Wisconsin OWI defense attorneys specialize in navigating the complexities of OWI charges. Our expertise and aggressive defense strategies are tailored to protect your rights and fight for the best possible outcome in your case.

Wisconsin OWI Defense Attorneys

OWI Defense Attorneys

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) Explained:

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. Unlike OWI and PAC, this charge doesn’t require proving impairment at the time of driving—merely the presence of the substance is sufficient for a charge.

Navigating the complexities of these charges demands the expertise of an experienced defense attorney. If you’re facing OWI, PAC, or restricted controlled substance charges, reaching out to a skilled legal professional can significantly impact the outcome of your case. At DK Anderson, S.C., we specialize in defending against these types of charges, utilizing our comprehensive knowledge of Wisconsin’s DUI laws to fight for our clients’ rights and interests.

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Penalties for an OWI Conviction

If you have been charged with an OWI you are likely wondering what sort of penalties you face. Wondering if you will face any jail time as a result of a conviction. There are serious consequences under Wisconsin law for operating a motor vehicle while under the influence of an intoxicant (“OWI”). Those penalties are generally based on the OWI sentencing guidelines.

first offense OWI conviction will include penalties such as a forfeiture and court costs in the amount of $750-$1000, revocation of your drivers license for six to nine months, and if your BAC was over .15, an ignition interlock for a period of one year. These penalties become more severe with subsequent convictions and will include jail time. A second offense OWI and greater carries with it mandatory jail time. In the state of Wisconsin, courts will generally follow the sentencing guidelines established for the judicial district they reside in. It is very important to speak with a knowledgable OWI defense attorney to assist you with your case. Often an attorney who specializes in drunk driving cases can get your penalties reduced.

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Aggressive OWI Defense Strategies for OWI Charges by DK Anderson, S.C.

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.

Common OWI Defenses

  • 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 decision to arrest for an OWI – 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.
  • 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 – Believe it or not, 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.

Facing an OWI Charge in Wisconsin: Understanding License Impacts and Next Steps

An OWI charge in Wisconsin carries significant consequences for your driving privileges, including potential suspension and revocation of your driver’s license. Understanding the implications on your license and knowing the appropriate steps to take can help navigate this challenging situation.

License Suspension and Revocation:

  • Administrative Suspension: Your license may be suspended for six months if you do not request an administrative review hearing within 30 days after receiving a Notice of Intent to Suspend. This suspension can also result if you request the hearing but are unsuccessful.
  • Revocation Upon Conviction: Conviction for an OWI offense leads to the revocation of your driver’s license, with the duration varying by offense number. A first offense results in a minimum six-month revocation, while third and subsequent offenses can extend revocation up to 36 months.
  • Ignition Interlock Device (IID): For cases involving a BAC of .15 or more, second or subsequent offenses, and any refusal to undergo BAC testing, an IID installation is mandatory upon license reinstatement. It’s crucial to note that you cannot bypass the IID requirement by choosing not to drive for the duration of the mandate.

Navigating an OWI Charge:

  1. Stay Calm: While facing an OWI charge is stressful, remember that not all charges lead to convictions, and the specifics of your case matter.
  2. Seek Legal Representation: Contact a Wisconsin OWI attorney as soon as possible to discuss your case and start planning your defense.
  3. Provide Detailed Information: Meet with your attorney to recount the events leading to your arrest while they’re fresh in your mind, supplying any citations and court dates.
  4. Procedural Requirements: Your attorney can help you request a jury trial and discovery, ensuring you meet all legal requirements and deadlines.

Facing an OWI charge can be daunting, but with the right legal support, you can effectively address the charge and minimize its impact on your life. DK Anderson, S.C. specializes in OWI defense, offering experienced guidance and representation to safeguard your driving privileges and rights.

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.