What to Do If You’re Stopped for OWI in Wisconsin

Jamy Johansen
Oct 23
3 min read

Getting pulled over on suspicion of Operating While Intoxicated (OWI) is one of the most stressful moments a driver can experience. Whether you’ve had a single drink or none at all, what you do — and don’t do — in the next few minutes can make a major difference in the outcome of your case.

At Johansen Law Office, S.C., we’ve helped clients across Wisconsin navigate OWI cases. Here’s what you need to know — and the steps you should take — if you’re ever stopped on suspicion of drunk or impaired driving in Wisconsin.

1. Stay Calm and Pull Over Safely

If you see flashing lights behind you, pull over as soon as it’s safe to do so. Use your turn signal, move to the right shoulder or a safe side street, and come to a complete stop.

Once you’re stopped:

Turn off your engine.
Roll down your window.
Keep your hands visible on the steering wheel.

How you behave in the first few moments of the stop matters. Remaining calm, polite, and cooperative will make the situation less tense — and could help your case later.

2. Provide Identification — But Know Your Rights

You are required to provide your driver’s license, vehicle registration, and proof of insurance when requested. However, you do not have to answer every question an officer asks.

If the officer begins asking questions such as:

“How much have you had to drink tonight?”
“Where are you coming from?”
“When was your last drink?”

You can politely decline to answer. You have the right to remain silent and exercising that right cannot legally be held against you in court.

⚖️ Tip: You can simply say, “I prefer not to answer any questions without my attorney present.”

3. Understand Field Sobriety and Breath Tests

The officer may ask you to step out of the vehicle and perform field sobriety tests, such as walking in a straight line or following a pen with your eyes. These tests are voluntary but refusing them can sometimes lead to additional suspicion or arrest.

Afterward, the officer may request a preliminary breath test (PBT) on the roadside. This test helps establish probable cause for arrest — but the official, legally admissible test happens after arrest at the police station or hospital.

Under Wisconsin’s implied consent law, you are legally required to take that official test. Refusing it can lead to an automatic license revocation and additional penalties, even if you’re not convicted of OWI.

4. If You’re Arrested — Stay Silent and Ask for an Attorney

If the officer arrests you, do not argue or resist. You’ll likely be taken to a police station or jail for testing and processing.

At this point:

Stay calm and respectful.
Do not answer detailed questions about your drinking, medications, or behavior.
Clearly and calmly say: “I would like to speak with my attorney.”

Do not try to explain your situation or justify your actions — those statements can later be used against you. Let your lawyer handle the talking.

5. Contact a Wisconsin OWI Defense Attorney Immediately

After release, it’s important to speak with an experienced OWI defense lawyer as soon as possible. There are strict deadlines — for example, you generally have 10 days from the date of arrest to request an administrative hearing to fight your license suspension. Missing that deadline can limit your options.

At Johansen Law Office, S.C., we can:

Review whether the stop or arrest was lawful.
Examine the accuracy of sobriety or breath tests.
Represent you at hearings and in court.
Fight to reduce or dismiss your charges whenever possible.

Every OWI case is unique — and having skilled legal representation can mean the difference between a quick resolution and long-term consequences.

Final Thoughts

Getting stopped for OWI doesn’t automatically mean you’ll be convicted. Mistakes in procedure, faulty testing equipment, or even simple misinterpretations happen all the time. The key is to stay calm, protect your rights, and get professional legal help right away.

If you or someone you know has been charged with OWI in Wisconsin, contact Johansen Law Office, S.C. today. We’ll listen to your story, explain your options, and stand by your side every step of the way.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Each situation is unique — contact an attorney to discuss your specific case.