What NOT to Do If You’re Stopped for OWI in Wisconsin

Being stopped for Operating While Intoxicated (OWI) in Wisconsin can be nerve-racking. In that moment of flashing lights, most people panic — and sometimes make mistakes that end up hurting their case later.

At Johansen Law Office, S.C., we’ve seen how one wrong move or careless comment during a traffic stop can make the difference between a dismissed charge and a conviction. Knowing what not to do can be just as important as knowing what to do.

Here are the five biggest mistakes to avoid if you’re ever pulled over on suspicion of OWI in Wisconsin.

1. Don’t Argue with the Officer

Even if you believe the stop is unfair or the officer is mistaken, arguing at the roadside won’t help you — and it can make things worse.

When you argue, raise your voice, or refuse to follow instructions, officers may interpret your behavior as uncooperative or combative, which could be mentioned in their police report. That report becomes evidence the prosecutor reads.

Instead: Stay calm, polite, and compliant. You can assert your rights respectfully — for example, “Officer, I would like to remain silent and speak with my attorney.”

⚖️ Remember: The side of the road is not the place to prove your innocence. The courtroom is.

2. Don’t Admit to Drinking or Guess How Much You Had

It’s one of the most common mistakes drivers make: trying to “be honest” in hopes the officer will go easy on them. But statements like “I only had two beers” or “I stopped drinking hours ago” can — and will — be used against you in court.

Even small admissions can give officers probable cause to proceed with testing or arrest.

Instead: Politely decline to answer questions about alcohol consumption. You have the right to remain silent — and using it is not an admission of guilt.

3. Don’t Refuse All Testing Without Understanding the Consequences

Wisconsin’s implied consent law means that by driving, you’ve already agreed to chemical testing (breath, blood, or urine) if you’re lawfully arrested for OWI. Refusing the official test after arrest can result in:

• Automatic license revocation

• Additional penalties

• Limited options for defense later on

  
  

That said, roadside field sobriety tests (like walking a straight line or balancing) are voluntary — but you should weigh that decision carefully.

The key: Don’t refuse out of panic. Contact an attorney as soon as possible to understand your rights and obligations.

4. Don’t Overshare or Try to “Explain Yourself”

Many drivers try to talk their way out of an OWI stop — telling officers they’re “fine to drive” or offering personal excuses. Unfortunately, this kind of small talk often provides unintentional evidence that can strengthen the case against you. Perceived slurred speech, nervous rambling, or inconsistent details can all be cited later.

Instead: Be brief and respectful. Provide your ID, registration, and proof of insurance — and nothing more until you’ve spoken with a lawyer.

5. Don’t Post About It Online

In the age of social media, this one is crucial. Posting about your OWI stop or arrest on Facebook, Snapchat, or any other platform — even as a joke — can damage your defense.

Prosecutors and investigators regularly monitor public posts. A single comment or photo can be misinterpreted and used as evidence in court.

Instead: Keep everything private and confidential. Talk only with your attorney and avoid discussing your case with friends or online.

Bonus Tip: Don’t Wait to Call a Lawyer

The longer you wait after an OWI arrest, the fewer options you have. You only have 10 days to request a hearing to contest your license suspension in Wisconsin. Missing that deadline can mean automatic penalties — even before your case goes to court.

An experienced OWI defense attorney can:

• Review the legality of your stop and arrest

• Challenge test procedures and evidence

• Negotiate for reduced penalties or dismissal

• Guide you through the administrative hearing process

  
  

At Johansen Law Office, S.C., we know how high the stakes are. Whether it’s your first OWI or a repeat charge, we’re here to protect your rights, your license, and your future.

Final Thoughts

Mistakes happen — both on the road and during a stop. But knowing your rights and avoiding these missteps can protect you from unnecessary consequences.

If you’ve been stopped or charged with OWI in Wisconsin, contact Johansen Law Office, S.C. today for a confidential consultation. We’ll help you understand your situation, evaluate your options, and fight for the best possible outcome.

Disclaimer

This blog post is for informational purposes only and does not constitute legal advice. For specific guidance on your case, please contact a licensed attorney.