Operating While Intoxicated
Get the Legal Guidance You Need From a Trusted OWI Attorney in Wisconsin
OWI Legal Services: Protecting Your Rights
At Gerard Law Firm, we understand that facing Operating While Intoxicated (OWI) charges in Wisconsin can be stressful and overwhelming. A conviction can result in hefty fines, license suspension, increased insurance rates, and even jail time. Our experienced legal team provides strategic defense strategies tailored to your case, helping you fight charges, minimize penalties, and protect your future.
Whether this is your first OWI offense or you are facing repeat charges, we assess the details of your case, challenge questionable evidence, and advocate for your rights in court. From negotiating plea agreements to contesting unlawful traffic stops and chemical test results, we ensure that you receive the strongest possible defense under Wisconsin law.
Call us today for a confidential consultation and take the first step in protecting your driving privileges and your future.
We’re available by telephone 9am - 5pm, Monday - Friday, and by appointment after-hours / on weekends. Please leave a message with your name and call back information if we are unavailable to answer your call.
Why Choose Gerard Law?
Facing an OWI charge in Wisconsin can have serious consequences, but having the right legal representation can make all the difference. At Gerard Law Firm, we provide aggressive, strategic defense for individuals charged with drunk or drugged driving. We understand Wisconsin’s complex OWI laws and use our deep legal knowledge to challenge the prosecution’s case, protect your rights, and work toward the best possible outcome.
With extensive experience handling first-time OWI charges, repeat offenses, and felony OWI cases, we know how to identify weaknesses in field sobriety tests, breathalyzer results, and police procedures. Whether negotiating a reduced charge or fighting for a dismissal in court, we are committed to helping you keep your license, reduce penalties, and protect your future.
Contact us today to discuss your case and start building your defense strategy.
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At Gerard Law Firm, we have a history of success in representing clients across various legal matters. Our results speak for themselves, showcasing our ability to secure favorable outcomes in even the most challenging cases.
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We understand that every legal case is unique. That's why we offer personalized attention to each client, ensuring that your specific needs and concerns are addressed. Attorney Benjamin Gerard takes the time to get to know you and your case, providing tailored legal strategies that work for you.
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Gerard Law Firm is deeply rooted in southeastern Wisconsin. Our familiarity with the local courts, judges, and legal procedures in Delavan, Lake Geneva, Janesville, and surrounding areas gives us a distinct advantage. This local expertise allows us to navigate the legal landscape efficiently and effectively, providing you with the best possible representation.
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We are dedicated to providing high-quality legal services that exceed our clients' expectations. From our initial consultation to the resolution of your case, we strive for excellence in everything we do. Our commitment to excellence ensures that you receive the best legal representation available.
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At Gerard Law Firm, our clients are our top priority. We believe in open communication, transparency, and building strong attorney-client relationships. Our client-focused approach means that you can trust us to be responsive, accessible, and dedicated to achieving the best outcome for your case.
OWI Legal Defense Services We Offer
Operating While Intoxicated (OWI) charges in Wisconsin carry serious legal consequences, including fines, license suspension, and potential jail time. Whether you’re facing a first-time offense or repeat OWI charges, our firm provides strategic legal representation to protect your rights and minimize the impact on your future.
We handle a wide range of OWI-related cases, including complex issues such as refusal of chemical tests, felony OWI, and cases involving accidents or injuries. Our firm ensures that every client receives a strong and tailored defense.
First Time OWI Defense
A first-time OWI conviction can result in hefty fines, a suspended license, and increased insurance rates. However, there are often legal defenses that can lead to reduced charges or case dismissal. Our firm reviews police procedures, breathalyzer accuracy, and field sobriety test protocols to challenge weak evidence and protect your driving privileges.
OWI Involving Drugs or Prescription Medication
OWI charges aren’t limited to alcohol—prescription drugs, controlled substances, and even certain over-the-counter medications can lead to impaired driving charges. These cases require a unique defense strategy, including challenging drug recognition expert testimony, disputing toxicology reports, and proving non-impairment.
OWI with Injury or Vehicular Homicide
If an OWI arrest involves an injury or fatal accident, penalties increase drastically, including felony charges, significant prison time, and civil liability. Our firm builds comprehensive defense strategies, consulting accident reconstruction experts and forensic toxicologists to challenge the prosecution’s case and minimize penalties.
Chemical Test Refusal & Implied Consent Violations
Wisconsin has strict implied consent laws, meaning refusing a breath, blood, or urine test can result in automatic license revocation and additional penalties. We help clients challenge the legality of their arrest, the testing process, and whether law enforcement followed proper procedures.
Repeat & Felony OWI Defense
Multiple OWI convictions can escalate charges to felony status, leading to long-term license revocation, mandatory jail time, and a permanent criminal record. We aggressively fight repeat OWI charges by challenging prior convictions, contesting improper police stops, and negotiating for alternative sentencing options when applicable.
License Revocation & Occupational License Assistance
Losing your driver’s license can severely impact your ability to work, support your family, and meet daily obligations. We assist clients in requesting occupational licenses, appealing revocations, and exploring legal options to reinstate full driving privileges.
The OWI Process In Wisconsin
Being arrested for Operating While Intoxicated (OWI) in Wisconsin can be overwhelming, but understanding the process can help you navigate the legal system more effectively. Wisconsin law enforces strict penalties for OWI offenses, including fines, license suspension, and potential jail time, even for first-time offenders. Below is a general breakdown of what happens after an OWI arrest in Wisconsin.
Step 1: The Traffic Stop & Initial Arrest
Law enforcement may pull a driver over for erratic driving, speeding, or other traffic violations.
If the officer suspects impairment, they may administer field sobriety tests and a preliminary breath test (PBT).
If there is probable cause, the driver will be placed under arrest and taken into custody.
Step 2: Chemical Testing & Implied Consent
After an OWI arrest, the driver will be asked to submit to a breath, blood, or urine test under Wisconsin’s implied consent law.
Refusing a chemical test can result in automatic license suspension and additional penalties.
If the test shows a Blood Alcohol Concentration (BAC) of 0.08% or higher (0.02% for CDL holders, 0.00% for underage drivers due to zero tolerance laws), charges may be filed.
Step 3: Booking & Release
The driver is processed at the police station, including fingerprinting and mugshots.
Depending on the county and the severity of the charge, the driver may be released on bail, with a court date, or required to stay in custody until appearing before a judge.
Step 4: Administrative License Suspension
The Wisconsin Department of Transportation (WisDOT) initiates an administrative license suspension (ALS) if a driver fails or refuses chemical testing.
Drivers have 10 days to request an administrative hearing to contest the suspension.
Step 5: Initial Court Appearance (Arraignment)
The driver is formally charged with OWI and enters a plea of guilty, not guilty, or no contest.
If a plea of not guilty is entered, the case proceeds to pretrial motions and hearings.
Step 6: Pretrial Negotiations & Possible Plea Deals
The prosecution may offer a plea agreement, such as reducing the charge to reckless driving (often called a “wet reckless”) or agreeing to lower penalties in exchange for a guilty plea.
A defense attorney may challenge the legality of the stop, accuracy of the breathalyzer, and other evidence to suppress key evidence.
Step 7: Trial or Sentencing
If a plea deal is not reached, the case proceeds to trial, where a judge or jury determines guilt or innocence.
If convicted, the judge will impose sentencing based on Wisconsin OWI laws, which may include fines, probation, mandatory alcohol treatment, community service, or jail time.
Step 8: License Reinstatement & OWI Consequences
A convicted driver must complete court-ordered programs (such as a driver safety plan or alcohol treatment program) before applying for license reinstatement.
Repeat OWI convictions increase penalties, including longer license suspensions, ignition interlock device (IID) requirements, and felony charges for multiple offenses.
Common Questions About OWI in Wisconsin
Many individuals facing OWI charges in Wisconsin have concerns about the legal process, potential penalties, and their rights. Below are answers to some of the most frequently asked questions about Operating While Intoxicated (OWI) in Wisconsin.
What is the legal blood alcohol concentration (BAC) limit in Wisconsin?
In Wisconsin, the legal BAC limit is 0.08% for most drivers. However, for commercial drivers, the limit is 0.04%, and for drivers under 21, Wisconsin’s zero tolerance law makes it illegal to drive with any detectable alcohol in their system.
What happens after an OWI arrest?
After an OWI arrest, the process typically includes:
License suspension (immediate for test failures or refusals)
Court appearance (mandatory for OWI charges)
Possible fines, jail time, or ignition interlock device (IID) requirements
Driver’s license revocation and potential eligibility for an occupational license
The severity of penalties depends on whether it’s a first-time offense or a repeat OWI offense.
Will I lose my license if I’m charged with an OWI?
Yes, a first-time OWI typically results in a 6 to 9-month license revocation, but you may qualify for an occupational license that allows limited driving for work or essential activities. Repeat offenses lead to longer suspensions and potential vehicle confiscation.
Can I refuse a breathalyzer or field sobriety test?
Under Wisconsin’s Implied Consent Law, refusing a breath, blood, or urine test will result in an automatic license suspension and potential additional penalties. While you can refuse field sobriety tests, refusal may still be used as evidence against you in court.
How much does an OWI conviction cost?
A first-time OWI in Wisconsin can cost between $800 to $1,200 in fines alone, not including:
Increased car insurance rates
Ignition interlock device (IID) installation fees (if required)
Attorney fees and court costs
Substance abuse assessments and treatment programs
Multiple OWI offenses significantly increase fines and penalties.
Can I fight an OWI charge?
Yes. An OWI charge does not automatically mean a conviction. A skilled OWI attorney may challenge:
Traffic stop validity (Was there probable cause?)
Breathalyzer accuracy (Was the machine properly calibrated?)
Field sobriety test administration (Were tests conducted correctly?)
Blood test chain of custody (Was there a handling error?)
An experienced attorney can evaluate your case and determine the best defense strategy.
How long does an OWI stay on my record?
An OWI conviction stays on your driving record for life in Wisconsin. However, some first-time offenders may be eligible for expungement after a set period under certain conditions.
Do I have to go to court for an OWI charge?
Yes. An initial court appearance (arraignment) is required, and depending on the circumstances, you may need to attend multiple hearings. If no plea agreement is reached, your case may go to trial.
Can I still drive if I have an OWI charge pending?
If your license is suspended, you may apply for an occupational license that allows limited driving for work, school, or essential activities. Restrictions apply, and you may need to install an Ignition Interlock Device (IID) in your vehicle.
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Need Legal Help With An OWI Charge?
An OWI arrest doesn’t mean a conviction—but acting fast is crucial.
At Gerard Law Firm, we aggressively defend clients facing OWI charges to minimize penalties and protect their future.
📞 Call us today at (414) 690-9872 for a free consultation.