Were you arrested for an OWI in Madison, WI? An experienced Madison OWI lawyer can help you protect your freedom and your driving privileges. Call Eisenberg Law Offices, S.C. at (608) 602-4396 to schedule a free consultation.
We have more than 140 years of combined legal experience representing families throughout Dane County. Our team understands how an OWI charge can affect your license, your reputation, and your future. We can evaluate the circumstances surrounding your arrest and help you navigate the Wisconsin criminal justice system.
Our Madison OWI attorneys are here to secure the best possible result for you. Clients throughout Madison, WI, choose Eisenberg Law Offices, S.C. because:
Contact us today to schedule a free consultation to learn how our Madison criminal defense lawyers can help you.
OWI stands for “Operating While Intoxicated,” Wisconsin’s legal term for what many other states call DUI or DWI. Despite the name, an OWI charge isn’t limited to alcohol. Under Wisconsin Statute § 346.63, a person can be charged with OWI for operating a vehicle while under the influence of alcohol, a controlled substance, or a combination of the two.
Wisconsin is unique in that a first-offense OWI is typically treated as a civil forfeiture rather than a crime. It typically triggers monetary penalties and license-related consequences, rather than purely criminal penalties. However, the consequences of a Madison OWI charge are still serious.
Under Wisconsin law, you may be charged if you operate a vehicle while under the influence of an intoxicant, controlled substance, or both. Prosecutors often prove the charge by showing a driver had a prohibited alcohol concentration of 0.08% (or lower for certain drivers) while driving.
Wisconsin applies different BAC thresholds depending on the driver:
However, prosecutors do not need a certain BAC to satisfy the elements of the charge. They merely need to show your ability to drive was impaired, using evidence like officer observations, witness testimony, etc.
While most first offenses are civil matters, certain factors can elevate the case to a criminal level, including:
Additionally, Wisconsin applies a lifetime lookback period. Prior convictions on your record matter when determining if a new charge will be prosecuted as a criminal second, third, or subsequent offense.
An OWI arrest triggers a separate administrative process handled by the Wisconsin Department of Transportation, not the court. Under Wisconsin’s implied consent law, Wisconsin Statutes § 343.305, driving in the state means you’ve already agreed to submit to a chemical test of your breath, blood, or urine if lawfully arrested for OWI.
If your test shows a prohibited alcohol concentration, the DOT issues a Notice of Intent to Suspend, and your license will be suspended for six months unless you request an administrative review hearing within 10 days.
If you refuse testing, you face a one-year revocation and a mandatory one-year ignition interlock requirement, longer than the suspension for simply failing the test. Also, your refusal itself can be used as evidence against you in the underlying OWI case.
Notably, your license can be suspended or revoked before your OWI case is ever resolved. A successful early challenge can still preserve your driving privileges while the rest of your case proceeds.
These administrative consequences are separate from the penalties you may face for an OWI conviction. The potential penalties depend on factors such as your prior OWI history and the circumstances of the offense.
Wisconsin imposes escalating penalties for repeat OWI convictions. Even a first-offense forfeiture can lead to long-term disruption.
A first-time OWI conviction may result in:
Losing your driving privileges can interfere with your career obligations. In some cases, occupational licenses may be available, but eligibility depends on the specific facts of your case.
Criminal repeat offenses lead to much harsher consequences, such as:
A separate provision, Wisconsin Statutes § 346.63(1)(am), makes it illegal to operate a vehicle with any detectable amount of a restricted controlled substance in the driver’s system, regardless of whether that substance actually impaired the driver’s ability to drive at the time. These charges come with their own set of steep penalties.
Every case is unique, and the best defense depends on the facts of your arrest. A skilled criminal defense attorney in Madison will examine the evidence to see which defense options apply.
Examples of potential defenses include:
If an officer stopped you without a lawful reason or traffic violation, the stop may violate your constitutional rights, potentially leading to the suppression of all resulting evidence.
Field sobriety tests are subjective and must follow strict protocols. Factors like fatigue or medical conditions can impact performance. If tests were administered improperly, the results can be challenged.
Breath and blood tests are vulnerable to calibration errors, storage issues, and chain-of-custody mistakes. These procedural errors may create opportunities to challenge the prosecution’s evidence.
Timing is critical. Because absorption takes time, your BAC may have been lower while driving than when you were tested later. This delay can be a vital part of your defense.
The state must prove impairment beyond a reasonable doubt. Signs that officers associate with intoxication can often be explained by nervousness, fatigue, or medical conditions.
Certain medical conditions can produce symptoms that closely resemble the signs officers are trained to associate with drug impairment, such as slowed reactions, unsteady movement, or confused speech. A driver’s medical condition can serve as a defense to the underlying impairment allegation.
Navigating Wisconsin’s OWI landscape can feel daunting to handle alone. A seasoned OWI attorney in Madison can provide the advocacy needed at every turn of your case by:
Reach out today to schedule a free consultation to learn more about how we can help.
An OWI arrest can leave you feeling like your future is already decided. Eisenberg Law Offices, S.C. can help you protect your future. We have over four decades of experience defending clients throughout Wisconsin.
You don’t have to wait until your court date to start building your defense. Reach out to us today to schedule a free consultation with a Madison OWI attorney. We’ll help you understand the strongest path forward for your case.
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