DUI Defense in

In Wisconsin, the legal term is OWI (Operating While Intoxicated), not DUI. While other states use DUI (Driving Under the Influence), Wisconsin law uses OWI. The two terms mean essentially the same thing — operating a motor vehicle while impaired by alcohol or drugs. You'll sometimes hear people use DUI and OWI interchangeably in Wisconsin, but the official charge on your citation will say OWI. Wisconsin also has a separate charge called PAC (Prohibited Alcohol Concentration) for cases where your BAC is above .08 but impairment isn't the primary issue.

A first-offense OWI in Wisconsin is a civil forfeiture (not a criminal offense), but the penalties are still serious. You face a fine of $150 to $300, plus court costs and surcharges that typically bring the total to $800–$1,000. Your license will be suspended for 6 to 9 months. You'll also be required to complete a driver safety plan and may need an ignition interlock device if your BAC was .15 or higher. While jail time isn't mandatory for a first offense, judges in Dane County can impose up to 6 months if aggravating factors exist.

Wisconsin's implied consent law means that by driving on Wisconsin roads, you have automatically consented to chemical testing (blood, breath, or urine) if a law enforcement officer has probable cause to believe you've been driving while intoxicated. Refusing the test triggers an automatic 1-year license revocation for a first refusal — separate from any OWI penalties. For a second refusal, it's 2 years. The officer can also seek a warrant to force a blood draw. This is why many attorneys advise that the decision to take or refuse a test is complex and depends on your specific situation.

The total cost of a DUI/OWI in Wisconsin can range from $5,000 to $25,000+ when you factor in everything. Fines and court costs are just the beginning. You'll also pay for: attorney fees ($1,500–$5,000+), driver safety plan courses ($300–$500), license reinstatement fees ($200+), ignition interlock device rental and monitoring ($70–$150/month), increased auto insurance premiums (often 2–3x for 3–5 years), and potential lost wages from court appearances and license suspension. For a second or third offense, costs escalate significantly with mandatory jail time and higher fines.

Field sobriety tests (FSTs) — like the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are voluntary in Wisconsin. You are not legally required to perform them. Many defense attorneys advise politely declining field sobriety tests because they are subjective, difficult to pass even when sober, and give the officer evidence to use against you. However, if you are arrested, Wisconsin's implied consent law requires you to submit to a chemical test (breath, blood, or urine). Refusing the chemical test carries its own automatic penalties. Always be polite and respectful with law enforcement, but know your rights.

At your arraignment in Dane County Circuit Court, you'll be formally read the charges against you and asked to enter a plea — guilty, not guilty, or no contest. This is typically your first court appearance. The judge will also set conditions of release, which may include no alcohol consumption, random testing, or a ignition interlock requirement. Your attorney can often appear on your behalf so you don't have to miss work. The arraignment is usually brief (5–10 minutes), but it's a critical step in your case. Never waive arraignment without consulting an attorney first.