Understanding OWI Charges in Wisconsin: What You Need to Know

Getting charged with Operating While Intoxicated (OWI) can be frightening and confusing — especially if it’s your first time. Wisconsin’s OWI laws are strict, and the penalties can have a lasting impact on your life, your job, and your driving privileges.

At Johansen Law Office, S.C., we’ve helped clients across Wisconsin understand their rights, navigate the legal system, and build strong defenses against OWI charges. Here’s what you should know if you’ve been arrested or accused of driving under the influence.

1. OWI in Wisconsin: The Basics

In Wisconsin, Operating While Intoxicated (OWI) means operating a motor vehicle while:

• Having a Blood Alcohol Concentration (BAC) of 0.08% or higher, or

• Being under the influence of alcohol or drugs to the point where you’re unable to safely control your vehicle.

Even if your BAC is below 0.08%, you can still be charged if an officer believes your ability to drive was impaired.

For commercial drivers, the limit is 0.04%, and for drivers under 21, Wisconsin enforces a zero-tolerance policy — meaning any measurable alcohol can result in a citation or charge.

2. The Penalties Can Add Up Quickly

OWI penalties in Wisconsin depend on several factors — including your BAC level, prior offenses, who was in the vehicle (minors), and whether there was an accident or injury.

First Offense

• Usually a civil forfeiture, not a criminal conviction.

• Fines between $900 and $1,161 plus court costs.

• Driver’s license suspension for 6 to 9 months.

• Mandatory alcohol assessment and completion of an education or treatment program.

However, if there was a minor in the vehicle or injuries caused, even a first offense can become a criminal charge.

Second and Subsequent Offenses

• Jail time ranging from a few days to several years.

• Higher fines and extended license revocations.

• Ignition interlock device (IID) requirement on all vehicles.

• Felony charges possible after the fourth offense.

These penalties can have long-term effects on employment, insurance rates, and your reputation — which is why getting professional legal help is so critical.

3. You Have Legal Rights — Use Them

An OWI charge doesn’t automatically mean you’re guilty.Law enforcement must follow specific procedures, and mistakes can — and do — happen.

A skilled criminal defense attorney can:

• Review the traffic stop for constitutional violations.

• Examine whether field sobriety or breath tests were conducted properly.

• Challenge BAC results based on testing errors or faulty equipment.

• Fight for reduced charges or dismissal.

At Johansen Law Office, S.C., we focus on protecting your rights and your future. Every case is unique, and a strong defense starts with understanding the facts — and acting fast.

4. What to Do After an OWI Arrest

If you’ve been arrested for OWI:

1. Stay calm and do not argue with law enforcement.

2. Exercise your right to remain silent — anything you say can be used against you.

3. Contact an attorney immediately before making any statements or decisions.

4. Do not miss your administrative license hearing — it’s your chance to contest the suspension.

Timing matters. In Wisconsin, you typically have 10 days from your arrest to request a hearing to fight the automatic license suspension. Missing that deadline can make the situation much harder to reverse.

5. Moving Forward

An OWI charge is serious — but it doesn’t have to define your future. With the right representation, it’s possible to protect your driving record, minimize penalties, and sometimes even get charges reduced or dismissed.

At Johansen Law Office, S.C., we believe everyone deserves a strong defense and a fair chance to move forward. If you or a loved one has been charged with OWI in Wisconsin, contact our office today for a confidential consultation. We’ll review your case, explain your options, and help you take control of the road ahead.

Disclaimer

This post is for informational purposes only and does not constitute legal advice. For advice about your specific situation, please contact a licensed attorney.