Start with the evidence, not the charge label
An OWI case is more than a test result. A careful defense review starts with why police made contact, whether the stop was lawful, what the video shows, what happened during the roadside investigation, how an arrest decision was made and how chemical testing was requested and handled.
Issues to examine
- Reason for the traffic stop or police contact
- Squad, body-camera and dispatch evidence
- Field sobriety observations and officer reports
- Breath or blood testing procedures and timing
- Refusal paperwork and time-sensitive issues
- Prior-offense records and sentencing exposure under current law
Defense strategy depends on the record
A useful defense review compares the complaint or investigative theory with the actual evidence. That can include police reports, recordings, digital information, witness accounts, physical evidence, prior records and the legal basis for police action. The strategy may involve investigation, motions, negotiation, trial preparation, sentencing advocacy or preserving issues for appeal.
Madison-based criminal defense since 1993
Robert T. Ruth represents clients from a downtown Madison office in Wisconsin state and federal criminal matters. The first consultation is an opportunity to identify the stage of the case, immediate deadlines and the evidence that should be reviewed or preserved.
Common questions
What should I do after an OWI arrest in Madison?
Keep the paperwork, write down what you remember, preserve any available video or witness information and have the deadlines and evidence reviewed promptly.
Can an OWI case be challenged even if there is a test result?
Potential issues can involve the stop, detention, arrest, statements, testing procedures, operation, admissibility and the prior record. The significance depends on the facts.
What if I am accused of refusing a test?
Refusal allegations can create separate procedures and deadlines, so the paperwork should be reviewed promptly rather than waiting for the next court date.
Related information
- OWI arrest in Dane County
- Wisconsin OWI case process
- Wisconsin OWI refusal hearing
- Selected OWI results
This page provides general information and is not legal advice. The law, defenses and possible consequences depend on the facts and current law.