Wisconsin state & federal criminal defense(608) 257-2540   ·   Free initial consultation
Madison & Wisconsin Criminal Defense

What Happens After an OWI Arrest in Dane County?

A practical guide to the evidence and early issues that can matter after a Madison or Dane County OWI arrest.

Written and reviewed by Robert T. Ruth. Robert T. Ruth has practiced Wisconsin criminal defense since 1993. He is a University of Wisconsin Law School graduate and represents clients in Wisconsin state and federal criminal matters. Attorney profile · Selected case results

Start with how police made contact

Record why you believe the officer stopped or contacted the vehicle, where it happened and what occurred before the roadside investigation began. The legality of the stop or detention can be an important issue in some cases.

Preserve the sequence of the roadside investigation

Write down what you remember about questions, field sobriety tasks, preliminary testing, arrest, transportation and requests for chemical testing. Video often becomes important because it can be compared with the written report.

Keep every testing or refusal document

Breath, blood and refusal matters can involve separate procedures and time-sensitive paperwork. Do not discard forms because a court date seems far away.

Review prior OWI history accurately

Prior events can affect how a new case is treated. The correct analysis depends on the actual record and current law rather than an old penalty chart or memory of a previous case.

Build the defense around the evidence

Potential issues can involve the stop, detention, operation, probable cause, statements, testing, admissibility and prior records. When an evidentiary challenge is not supported by the facts, the focus may shift toward reducing consequences and presenting mitigation.

Common questions

Do I need to wait for the blood result before contacting a lawyer?

No. Stop, detention, refusal and preservation issues can matter before a laboratory result is available.

Can video help an OWI defense?

Squad or body-camera video can be important because it may confirm or contradict descriptions in the police report.

What if this is not my first OWI?

Prior-offense records should be reviewed carefully because counting and the procedural posture can affect the case.

Related information

This page provides general information and is not legal advice. The law, defenses and possible consequences depend on the facts and current law.

Facing a criminal charge or appeal?

Speak directly with Madison criminal defense attorney Robert T. Ruth.

Call (608) 257-2540
Call (608) 257-2540