A general look at the stages that may follow an OWI arrest in Wisconsin.
A Wisconsin OWI matter can involve both court proceedings and driver-licensing consequences. The path depends on the alleged offense number, test result or refusal issues, and the circumstances of the stop and arrest.
The traffic stop or police contact
OWI defense frequently begins with the reason for the police contact. The legality of the stop, observations made by the officer, field sobriety testing and body-camera or squad video can all matter.
Chemical testing and refusal issues
Breath, blood or urine testing can raise separate evidentiary and procedural questions. A refusal allegation may also involve its own process and deadlines. Because timing can matter, a person who receives refusal paperwork should review it promptly.
Reviewing the evidence
Defense review may include video, reports, test records, calibration or maintenance information, laboratory documents and medical or medication information when relevant. The significance of any item depends on the facts of the case.
Pretrial motions and resolution
Potential motions can involve the basis for the stop, expansion of the detention, probable cause for arrest, statements, testing procedures or other evidence. Some cases resolve by agreement; others proceed to a contested hearing or trial.
Prior offenses and collateral consequences
Prior OWI-related events can affect how a new case is treated. Licensing, ignition-interlock, insurance, employment and travel issues may also matter. The correct analysis depends on a person's record and current law.
For information about a specific OWI charge, call the office rather than relying on a general webpage.
This page provides general information, not legal advice. Criminal procedure and available defenses depend on the facts, the charge and current law.