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Wisconsin OWI Defenses | OWI Defense Attorneys

6 OWI Defenses That Can Help You Avoid Conviction

Facing an OWI charge in Wisconsin does not mean you will be convicted. A skilled OWI defense attorney can employ a number of OWI defenses to beat the charge or have the fines and penalties reduced. In this post, we will review six of the most common OWI defenses used in Wisconsin.

OWI Defense Strategies

There are several defense strategies that your attorney could employ to attempt to reduce or dismiss your OWI charges.

  1. Improper Stop. Your Fourth Amendment rights protect you from unreasonable search and seizure. That means police cannot stop a driver without a warrant or reasonable cause or suspicion of driving under the influence. If your 4th Amendment rights were violated, any evidence collected at the time of the stop will be inadmissible in court. Without that evidence, the case will probably be dismissed.  
  2. Field Sobriety Protocols. Just as there are specific rules and procedures that must be followed to stop a driver for suspected OWI, there are specific rules that must be followed when an officer administers a field sobriety test (FST). If those protocols are not followed, the test might be inadmissible, which could affect the outcome of your case.
  3. Improper BAC Sampling. Again, blood tests must be administered, analyzed, and stored following certain procedures. Any misstep in the collection or storing of the sample or the analysis can invalidate the test result, making the BAC sample inadmissible as evidence.
  4. Medical Conditions. It is possible for drivers to have a medical condition that affects their driving, resulting in them getting pulled over. Sometimes neurological conditions can affect field sobriety tests, and other medical conditions can affect breathalyzer results. You should always share your medical history with your attorney so he/she can examine if any of your conditions or medications could have affected your situation.
  5. Procedural Violations. There are many procedures and rules that must be followed when charging someone with an OWI. A misstep at any point can lead to evidence being thrown out and charges reduced or dismissed. An experienced OWI defense attorney will examine every piece of evidence, and the collection and testing procedures and protocols used to make sure your rights were fully protected at every stage.
  6. You weren’t driving or you consumed alcohol after driving. This evidence can provide a complete defense to the charge. 

Explore All Of Your OWI Defenses

There are many facts, procedures, and actions that go into convicting someone for OWI. The OWI defense attorneys at Wisconsin’s Eisenberg Law Offices are experienced at examining the evidence, including the rules and procedures for collecting and analyzing the evidence, to build strong OWI defenses for drivers throughout Wisconsin.

Even if you have failed your breathalyzer, you still have a chance to avoid a conviction with help from the right defense team. Contact the OWI defense attorneys at Eisenberg Law Offices in Madison, WI today to arrange a free consultation by calling 608-256-8356 or emailing



Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.