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Wisconsin OWI lawyers

You are only
guilty if you
are convicted.®

Milwaukee OWI Defense Attorneys

Once you’ve been charged with an OWI, the 10-day clock starts ticking. You deserve better than a fee to plea™ lawyer. Grieve Law is 16 Greater Milwaukee OWI attorneys strong and counting. Our firm is made up of former prosecutors and defense attorneys who know both sides of the law. Read our dismissals and 5-star Google reviews. Remember: You are only guilty if you are convicted®.

Amy Scholz

OWI & Criminal Defense Attorney

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What to do when you’re pulled over for drunk driving

  • Get out your driver's license and vehicle registration.
  • Put your hands on the steering wheel of your car - this lets the officer know you’re not a threat.
  • Be respectful, but don’t incriminate yourself. The officer can use anything you do or say against you.
  • The officer will ask you if you’re willing to take a breathalyzer and/or field sobriety test - you don’t have to accept.
  • If you refuse a breathalyzer, the police will take you in for a urine or blood test.
  • Once released from police custody, contact a Milwaukee OWI defense attorney as quickly as possible.

The first 10 days after being charged are critical

You can lose your license 10 days after your OWI ticket. When you receive an OWI, make sure you read the back of the ticket. You may notice you were given a 10-day notice to file important paperwork with the court or Wisconsin DOT. Failing to do so could result in a conviction and loss of license. An OWI attorney will help you file all necessary paperwork and provide the best possible defense for your case.

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Contact our Milwaukee drunk driving lawyers

Our Milwaukee lawyers have a reputation for helping people get their charges reduced or dropped altogether. If you’ve been charged with an OWI in Milwaukee County, there’s no time to waste. Contact our law office today.

 

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Why should you hire an attorney for OWI charges?

An OWI attorney is your best bet at getting an OWI charge reduced or dropped. The police say an OWI is “just a ticket.” - without knowing the legal process, your OWI could turn into much more. An experienced OWI attorney has worked on hundreds of cases just like yours. Don’t make the mistake of representing yourself and risking your job, license, and legal record. Contact a Milwaukee OWI lawyer to determine the best course of action moving forward.

OWI attorneys can help with:

  • Navigating the legal system
  • Knowing what paperwork to file and when
  • Building a case on your behalf
  • Getting your sentence reduced or even dropped
  • Reduce time spent in court

6 best OWI attorney traits to look for

Your OWI attorney should check all the boxes:

Experience

Look for an attorney who’s experienced in DUI cases. It’s even better if they have experience in both prosecution and defense work.

Training

Are they trained on the National Highway Traffic Safety Administration (NHTSA) standards?  100% of our attorneys are.  Most other law firms do not even know what NHTSA stands for.  Additionally, many have even been instructors.

Focus

Criminal defense is not something that we do with our throwaway time like most firms.  It is the entire focus of our practice.  We are not only Wisconsin’s largest criminal defense firm but the majority of our cases are OWIs.  Want better? The drunk driving cases come from across Wisconsin, but most of our DUI clients come from Milwaukee, Waukesha, Dane, Racine, Walworth, Ozaukee and Washington counties. 

Positive Reviews

Always read the reviews of your attorney or law office to see what past clients have to say.

Case Studies

Case studies demonstrate a lawyer’s track record of success in a variety of DUI cases.

Helpful Information

A lawyer’s website should demonstrate expertise, not just tell you to contact them for a free quote.

Milwaukee OWI attorney helping client file legal paperwork

Penalties for OWI in Milwaukee

Each OWI offense comes with escalating penalties, fines, and potential jail time. The penalties for OWI in Wisconsin include, but are not limited to:

1st Offense Arrow pointing right

A first OWI could result in an administrative driver's license suspension for 6 months, a revocation punishable by up to 1 year in jail and a $2,500 fine if caught driving in 6 to 9 months. The installation of an ignition interlock device (IID) depending on your BAC at the time of the arrest. Additionally, mandatory AODA assessment, alcohol and controlled substance abuse classes, high risk SR22 auto-insurance, and various occupational and reinstatement fees. There could be career, schooling, insurance and international travel consequences.

2nd Offense Arrow pointing right

If you receive a second OWI, you’re facing mandatory jail time of between 5 to 180 days, $350-$1,100 in fines plus court costs, 12-18 month driver's license revocation punishable by up to 1 year in jail and a $2,500 fine if caught driving. Furthermore, mandatory ignition interlock device (IID), mandatory AODA assessment, alcohol and controlled substance abuse classes, high risk SR22 auto-insurance. There are also various occupational and reinstatement fees and career, schooling, insurance and international travel consequences and a permanent mark on your criminal record.

3rd Offense Arrow pointing right

A third offense if convicted will result in up to 45 - 365 days in jail, $600-$2,000 in fines plus court costs and possible alcohol concentration modifiers that could double, triple, or quadruple the fine. Also, 24-36 months of driver’s license revocation punishable by up to 1 year in jail and a $2,500 fine if caught driving. Moreover, mandatory ignition interlock device (IID), mandatory AODA assessment, alcohol and controlled substance abuse classes, high risk SR22 auto-insurance, and various occupational and reinstatement fees. Not to mention career, schooling, insurance and international travel consequences.  Finally and very importantly: your legal limit for life changes from .08% blood alcohol concentration to .02%.  That puts you one drink away from a felony 4th offense OWI and possible lifetime revocation of license with no eligibility for an occupational license.

4th Offense Arrow pointing right

A fourth offense Wisconsin OWI is a felony that carries possible penalties upon conviction of 60 days in jail to 6 years in prison maximum, $600-10,000 in fines plus court costs and possible alcohol concentration modifiers that could double, triple, or quadruple the fine. 24-36 months of driver’s license revocation punishable by up to 1 year in jail and a $2,500 fine if caught driving. If your 3rd offense OWI was within 15 years of your arrest on your 4th OWI then it is a mandatory lifetime revocation with no occupational license ever, you can try to reinstate after ten years. Moreover, ignition interlock device (IID), mandatory AODA assessment, alcohol and controlled substance abuse classes, and high risk SR22 auto-insurance. Also included are various occupational and reinstatement fees, career, schooling, insurance, and international travel consequences.

5th Offense Arrow pointing right

A fifth offense Wisconsin OWI is a felony that carries possible penalties upon conviction of one to ten years in prison with a presumptive minimum of 18 months of initial confinement, $600-25,000 in fines plus court costs and possible alcohol concentration modifiers that could double, triple, or quadruple the fine. Also, 24-36 months of driver’s license revocation punishable by up to 1 year in jail and a $2,500 fine if caught driving, if your 4th offense OWI was within 15 years of your arrest on your 5th OWI then it is a mandatory lifetime revocation with no occupational license ever, you can try to reinstate after ten years. Mandatory  ignition interlock device (IID), mandatory AODA assessment, alcohol and controlled substance abuse classes, and high risk SR22 auto-insurance. There are various occupational and reinstatement fees, not to mention career, schooling, insurance and international travel consequences.

The penalties for an OWI charge can be severe. It’s important to have the highest quality OWI attorneys on your side to help lessen or remove your penalties.

5 Common defenses for drunk driving in Milwaukee

Talk to an experienced attorney to determine whether your OWI charge can be reduced or dropped. Common OWI defenses include:

1 Illegal stop

People get pulled over all the time in Milwaukee, even when they weren’t speeding or breaking any traffic laws. This could be grounds for a dismissal of your case.

2Illegal detainer and questioning

Did you know that the police are not even allowed to ask you if you had anything to drink without specific articulable facts?  Otherwise it may be a violation of your 4th Amendment rights.  They also cannot ask you to do a standardized field sobriety test without enough evidence either.  A mistake by law enforcement here may lead to your charges being dropped.

3Improper field sobriety test

If field sobriety tests aren’t explained or evaluated properly, they can become inadmissible as evidence.  The outcome is that the officer may lack enough evidence to ask you to the roadside preliminary breath test, or even arrest you for the DUI.

4Blood or Breath alcohol chemical test mishandled post-arrest

Precise professional standards must be adhered to when conducting, handling, and processing a blood and breath alcohol chemical test following your arrest. If they’re not, the test could be rendered inadmissible in court. If the government messed up on steps one or two above, and they illegally detained or arrested you, it is likely that the test result is also inadmissible in court.

5Your blood alcohol chemical test mishandled post-arrest

Commonly referred to as the “curve defense” but more technically known as “Retrograde extrapolation” it can sometimes be shown that someone would’ve made it home under the legal limit if it wasn’t for getting pulled over.  Suddenly you being a smidge over the legal limit has turned into a tool for the defense rather than the prosecution.

Milwaukee OWI statistics

In 2021, the most common month for OWI arrests made by the Milwaukee Police Department was March with 47 OWI arrests.

Milwaukee PD OWI Arrests by Month (2021)
OWI Arrests
Adult
Juvenile
Total
Jan
35
1
36
Feb
18
2
20
Mar
44
3
47
Apr
39
4
43
May
40
5
45
Jun
34
6
40
Jul
24
7
31
Aug
21
8
29
Sep
21
9
30
Oct
33
10
43
Nov
31
11
42
Dec
24
12
36

Your court date

After being charged with OWI in Milwaukee, you’ll be assigned an initial court date you need to attend. Here’s what you can expect from the courts' process:

Initial Appearance Arrow pointing right

Your first appearance in court. It’s important to have an experienced OWI defense attorney present.

Preliminary Hearing Arrow pointing right

Determines whether there is enough probable cause to send your case to trial.

Further Proceedings Arrow pointing right

These dates are used by the court and attorneys to monitor the progress of your case.

Motions Arrow pointing right

These dates are used by the court and attorneys to monitor the progress of your case.

Diversionary Agreements and Deferred Prosecution Arguments Arrow pointing right

These dates are used by the court and attorneys to monitor the progress of your case.

Jury Trial Arrow pointing right

If your case goes to trial, an attorney will help you state your case in front of a jury.

Plea Arrow pointing right

You will have an opportunity to plead guilty or no contest.

Sentencing Arrow pointing right

The prosecutor will make remarks about the case and you’ll receive a sentence from the judge.

Milwaukee county criminal court judge

If you were arrested in Milwaukee your court date will most likely take place at the Milwaukee County Courthouse at 901 N. 9th St, Milwaukee, WI, 53233. If it’s prudent to have you there, our attorneys will coach you on attire, demeanor, what you need to bring, and more.

Reinstating a revoked driver license after an OWI

If you were convinced of an OWI your license was most likely suspended. Getting a once-revoked license reinstated is a long, difficult process. In order to reinstate your license, you’ll need to:

  • Pay the necessary reinstatement fee to the Milwaukee DMV
  • File for SR-22 insurance
  • Pay all court fines
  • Attend an education or treatment program
  • Take the appropriate driver exam(s)

You may also need to install an Ignition Interlock Device (IID), depending on the severity of your sentence.

DMVs in the Milwaukee Area:

Milwaukee Central DMV Office 2701 S. Chase Ave, Milwaukee, WI 53207 (608) 264-7447
Milwaukee Northwest DMV Office 7301 W. Mill Rd, Milwaukee, WI 53218 (608) 264-7447
Milwaukee Northeast DMV Office 6073 N. Teutonia Ave, Milwaukee, WI 53209 (608) 264-7447
Milwaukee Southeast DMV Office 1835 College Ave, Milwaukee, WI 53172 (608) 264-7447

Hear from our clients

I was worried about how my life would be if I was convicted of the criminal charges I had received. A lawyer had told me the district attorney was unwilling to negotiate and I was ready to accept the charges. It was then that I discovered Grieve Law and they were able to get my charges reduced to noncriminal civil violations, they were able to get some charges dropped because of their exceptional knowledge and skills. Thank goodness I had Grieve Law when I did, otherwise I would have accepted a much worse fate.

Grieve Law Client on Grieve Law Google Reviews

Tom took my case and never made me feel ashamed nor guilty. He never judged me on the act I committed, and immediately began to find ways to help me. He has a lot of experience working with clients being charged with drug and alcohol crimes and it shows in his work. He was very knowledgeable on how the court system works in this particular case and was able to use that to my advantage. I am very pleased with the outcome of how my case ended and I am thankful Tom was there to help me and defend me the whole way.

Attorney: Tom Grieve

on Grieve Law Google Reviews

I would definitely recommend my attorney Glenn. I had a clean record, so I was devastated last year when suddenly I was facing a Class G felony. If I hadn't attained a lawyer, & just decided to plead guilty, then I would have done around fifteen days in jail, had a year of probation, & a felony on my record forever. I was panicky about this, but my attorney always put my mind at ease on the phone, & helped me to make the wise decision of waiting out a few court dates for an even better offer. It took a while for this case to conclude, but that was ultimately for the best. The felony was dropped to two misdemeanors, & I did not get a year of probation, or any probation for that matter. All I ended up getting was a month in jail. My original offer was being a felon for life & 15 days in jail...so basically what I got was 15 more days than the original offer & I still managed to avoid being a felon for life -all thanks to Grieve Law! 

Attorney: Glenn Gaskill

on Grieve Law Google Reviews

What can an OWI be reduced to in Wisconsin?

An OWI charge can be reduced in Wisconsin, usually as part of a plea deal. Depending on the circumstances, “Reckless Driving” can be charged in place of an OWI.

Do you lose your license immediately after an OWI in Wisconsin?

You do not lose your license immediately after an OWI in Wisconsin if no one was injured and there was not a minor in the vehicle. A failure to submit the proper paperwork to the court and the Wisconsin DOT will result in the revocation of your license in as little as 10 days after the OWI ticket was issued.

What is the lookback period for OWI in Wisconsin?

The lookback period in Wisconsin is 10 years. Judges and the court will use this period of time to determine whether an OWI is considered a first offense.

Can you go to jail for the first OWI in Wisconsin?

You can go to jail for your first-offense OWI in Wisconsin if a minor was in the vehicle or you injure or kill another person.

What is the minimum sentence for OWI in Wisconsin?

The minimum sentence for an OWI in Wisconsin includes fines, 6-9 month driver’s license revocation, installation of an ignition interlock device, and mandatory alcohol and other drug assessment (AODA), as well as other legal and personal consequences.

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