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Wisconsin DUI Lawyers: What to Look For

When you receive an OWI ticket, speaking with a lawyer is imperative. You have a short 10-day window to file important paperwork with the court. An OWI attorney can walk you through this process to avoid a conviction and decrease the penalties. Our firm is made up of former prosecutors and defense attorneys who know both sides of the law.

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Why Hire a NHTSA Trained Grieve Law Attorney

An OWI attorney is your best chance at reducing or dismissing charges. While police may say an OWI is “just a ticket,” even a first offense can bring fines, jail time, license revocation, and a lifelong record.

Grieve Law attorneys are trained in National Highway Traffic Safety Administration (NHTSA) field sobriety testing. This training helps identify mistakes made by officers during roadside tests to weaken or eliminate the state’s evidence. Attorneys without NHTSA training often miss critical officer flaws.

We combine NHTSA training with experience as prosecutors and defense attorneys to deliver complete OWI defense strategies in Wisconsin. From challenging test procedures to exposing weak evidence, our team builds strong cases to protect your rights.

Work with Wisconsin’s largest criminal defense firm, where OWI defense is the focus. Contact a Grieve Law OWI lawyer today to determine the best course of action moving forward.

Our 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.

What to Do When You’re Pulled Over for Drunk Driving

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

Penalties for OWI in Wisconsin

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

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

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

A third OWI 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

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

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 Wisconsin

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.

2. Illegal 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.

3. Improper 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.

4. Blood 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.

5. Your 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.

Your Court Date

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

Initial Appearance

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

Preliminary Hearing

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

Further Proceedings

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

Motions

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

Diversionary Agreements and Deferred Prosecution Arguments

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

Jury Trial

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

Plea

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

Sentencing

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

Reinstating a Revoked Driver’s License After an OWI

If you were convicted 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.

Hear From Our Clients

Client Reviews on

I was charged with a few criminal offenses and didn't know what to do. I was distraught and thought that my mistakes would control my future. My first lawyer said I'd be lucky if the prosecutor would be willing to reduce the charges. I then hired Grieve Law and not only got the charges reduced to non-criminal tickets but then they kept fighting until most of those even disappeared. Grieve Law changed my life through exceptional knowledge of the law and dedicated attention to my case. I am grateful for their help and would recommend them to anyone who asks!

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.

I'm writing to thank you for doing such a great job winning my case. I am very grateful to have met you and have you as my lawyer. I cannot imagine finding anyone better; your communication during the process could not have been better and I always felt like you always went the extra mile and made sure I was informed during the entire process. If I ever need anything regarding the law, I will continue to use you going forward; I have already had and will continue to recommend you to my friends and family. Thank you again!

Grieve law did a great job setting realistic expectations on initial consultation. They also achieved a better than expected result. Great results, affordable, and overall a pleasure to deal with.

Grieve Law has amazing professional lawyers with great communication. They went beyond in my case for me and resolved my issue with the best ending resolution anyone can ask for!!

I was treated like I was the only one he was working with. Very professional and focused on my needs to make sure I was taken care of. Hands down the first call to make if you're in need of any legal assistance for DUI, Speeding, reckless driving.

I chose Grieve Law to represent me on behalf of my speeding violation. His team was extremely professional, responsive and turned a negative into a positive very quickly. I am glad they had my back in this process and highly recommend this superior law firm.

Went in with a very hard case and was extremely worried. But In a very professional way the system was explained and they set me up with an amazing plan. And ended up working out a deal that has turned my life completely around and never had to see the inside of a court room. Beyond grateful for my second chance.

Before I went to Grieve Law, my lawyer said it was unlikely that my criminal charges would be dropped or changed. Grieve Law was able to negotiate everything down to a ticket! I will forever be thankful for Grieve Law’s negotiation skills and help with my case.

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.

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.

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.

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.

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.