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Criminal Defense Guide

Second-Offense OWI in Wisconsin

A second-offense OWI case can raise all of the evidence issues found in a first offense plus questions about the prior record.

A second-offense OWI case can raise all of the evidence issues found in a first offense plus questions about the prior record.

Important: Criminal procedure and deadlines can be highly fact-specific. This page provides general information and is not legal advice.

Verify the prior record

Prior convictions and related events can affect how a new OWI is classified. The defense should verify the record rather than assume the charging document is correct.

Reexamine the current stop and arrest

The legality of the stop, extension of the traffic detention, field sobriety testing and probable cause remain important.

Chemical-test evidence

Breath or blood evidence should be reviewed in context with timing, procedure, laboratory records and other evidence.

Sentencing exposure and case strategy

A repeat OWI can have greater consequences, which makes early investigation and a realistic evaluation of motions, trial issues and settlement options especially important.

Preserve deadlines

License and refusal procedures may move on a different timetable than the criminal case. Keep every notice and act promptly.

Facing a criminal charge or appeal?

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

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