An OWI arrest doesn’t define you—and it doesn’t have to determine your future. If you’ve been arrested for an OWI in Wisconsin, your time to act is limited. If you received a Notice of Intent to Suspend or Revoke your license, you have just 10 days to request a hearing. If you miss that deadline, your license may be automatically suspended or revoked before you ever appear in court. Hiring an attorney early on in the process is crucial to your defense.

Your license is worth defending. At Nelson Defense Group, we understand the importance of taking control of the process and protecting your rights from the start. That’s why we take immediate action on your behalf. We’ve successfully challenged unlawful traffic stops, improper blood draws, and inaccurate breath or blood test results.

We fight back against the rush to convict and advocate for your right to continue driving.

Experienced OWI attorneys in Wisconsin

We don’t just challenge charges. We protect people—people whose freedom is on the line when the state tries to rush to judgment. 

At Nelson Defense Group, we have extensive experience defending against drunk and impaired driving accusations across Wisconsin, including:

• Operating a motor vehicle while intoxicated (OWI)

• Operating a motor vehicle with a prohibited alcohol concentration (PAC)

• Operating a motor vehicle with a detectable amount of restricted controlled substance (RCS) 

• OWI with minor child in vehicle

• OWI causing injury, great bodily harm or death

• Administrative suspension review hearings

• Refusal hearings

What Is the Difference Between OWI, DUI, and DWI?

The statute that covers drunk driving in Wisconsin refers to Operating a Motor Vehicle While Intoxicated, which is why we use the acronym OWI.  In other states, their statutes may call it Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). It all refers to the same behavior, which is driving or operating a motor vehicle when you are impaired by alcohol or have any amount of restricted controlled substances in your blood. Sometimes, the state will attempt to show that you were impaired at the time of driving,  and sometimes they will attempt to prove that you have an illegal amount of alcohol or drugs in your system at the time you drove or operated your vehicle. No matter what charges you are facing, you need an attorney who can help you navigate complicated issues of proof. 

What Is The Difference Between OWI and PAC, and Why Am I Charged With Both For The Same Incident?

When deciding how to charge and prove their case, the state has options between different statutes, either Operating While Intoxicated (OWI) or Operating With a Prohibited Blood Alcohol Concentration (PAC). Each charge contains different elements that need to be proven by the state, and, depending on the evidence, one may be easier for them to prove. They generally charge both to keep their options open. They can charge you with both for the same incident, but if found guilty, they merge into a single conviction, so you will never have a conviction for both on your record.

What is an Ignition Interlock Device (IID)?

An Ignition Interlock Device is a machine that a court requires you to install on any vehicle registered to you, which tests a sample of your breath for alcohol before you can start and operate the vehicle. An IID will also request “rolling retests,” which means you must pull your vehicle over in a safe location and retest as requested by the machine. There is a cost to install and uninstall an IID and a monthly charge to have it in your vehicle. IIDs also need occasional maintenance to keep them in operating condition. IIDs are installed and maintained by private companies. You will be required to find your provider, though most counties maintain a list of providers in their area. In addition to the requirement that you install them in any vehicle registered to you, you are also prohibited from operating any motor vehicle not equipped with an IID. IID requirements and timelines start when you first get any type of license back, whether it's a regular license, occupational license, or something else. If you drive before that time in an unequipped vehicle, you will be subject to further penalties. While you are under an IID order, you cannot operate a motor vehicle with a Blood Alcohol Content over 0.02.  

What is the difference between a driver’s license and driving privileges?

A driver’s license is a legal document issued to individuals allowing them to operate a motor vehicle on public roadways. You can obtain a driver’s license when you satisfy all of the requirements of a state to drive. Many types of licenses can be obtained, including probationary, commercial, and occupational licenses. Your driver’s license should be issued in the state where you are living, with some exceptions.  

Driving privileges are the right to drive in a state if you meet the licensing requirements, even if you do not have a license in that state. For example, you may hold a license from another state and can use that license to drive in Wisconsin if your driving privileges in Wisconsin are valid. Most states, however, have rules that say you cannot be licensed in their state if your driving privileges have been revoked in another state. This means that if Wisconsin has revoked your driving privileges, the state where you hold a driver’s license may also revoke your ability to drive until you reinstate your privileges in Wisconsin. Likewise, if your privileges in Wisconsin are revoked, you cannot drive in Wisconsin, even if you hold a valid license from another state, because that state has not yet found out about the loss of privileges in Wisconsin.  

What this all means is that your ability to drive elsewhere can be affected by a conviction for OWI in Wisconsin, even if you don’t live in Wisconsin. Likewise, if you lose your license and privileges in Wisconsin, you cannot just move elsewhere and get a new license in another state. Because of this, it is important to have an attorney who can look out for your interests, especially if you are from another state or you may move to another state in the future.

What are the potential penalties for First Offense OWI?

Wisconsin is the last state in America where your first offense is not a criminal offense. Even though first offenses are civil in Wisconsin and do not carry potential penalties of jail, the consequences can still be serious and have a long-lasting impact on your ability to live and work. First, your driving privileges may be administratively suspended while your case is pending. If convicted, you can face license revocation as long as a year, fines of over $1000, demerit points added to your driving record, and be ordered to complete an Alcohol or Other Drug Assessment (AODA) and complete a Driver Safety Plan (DSP) before you can reinstate your privilege to drive. You may also be ordered to have an IID for up to a year.  Even without the penalties of jail, a conviction for OWI can be costly in many different ways. At Nelson Defens, we know that even traffic tickets like OWI 1st can have serious consequences, and we are here to help.

What are the potential penalties for Second Offense OWI?

If you have a prior conviction on your driving record that occurred within 10 years of your new drunk driving arrest, your new offense will be considered an OWI 2nd. Consequences for a 2nd offense are significant because, if convicted, it will go on your criminal record and jail is mandatory. A 2nd offense comes with a minimum of 5 days in jail and a maximum sentence of up to 6 months in jail. How long you spend in jail is up to the judge and will likely be influenced by how high your blood alcohol content (BAC) is determined to be. Fines for a 2nd offense can be as high as $1100, with a driving privileges revocation of up to 18 months and points added to your license. You can also be ordered to complete an Alcohol or Other Drug Assessment (AODA) and complete a Driver Safety Plan (DSP) before you can reinstate your privilege to drive. An Ignition Interlock Device is mandatory and will be ordered for up to 18 months.

What are the potential penalties for Third Offense OWI?

In Wisconsin, all priors dating back to January 1, 1989, will count when determining whether you are charged with a 3rd offense. In addition to being a criminal offense, the penalties for a 3rd OWI jump significantly from those for a 2nd offense. The minimum mandatory jail sentence increases to at least 45 days in jail with a maximum of up to one year. How long you spend in jail is up to the judge and will likely be influenced by how high your blood alcohol content (BAC) is determined to be. Fines can exceed $4000, and your driving privileges can be revoked for up to 3 years. In addition, you can also be ordered to complete an Alcohol or Other Drug Assessment (AODA) and complete a Driver Safety Plan (DSP) before you can reinstate your privilege to drive. An Ignition Interlock Device is mandatory and will be ordered for up to 3 years. Once you have three convictions for OWI on your record, you are now subject to a permanent reduction in the Blood Alcohol Limit for you to operate a motor vehicle to 0.02
rather than 0.08.

What are the potential penalties for Fourth Offense OWI?

4th offense OWIs are particularly concerning in Wisconsin because this is the point at which, if convicted, you will have a felony criminal conviction on your record along with all of the collateral consequences that come with it, including firearm prohibitions and restrictions on your ability to vote.   Another primary concern with a 4th offense OWI is that it also typically results in a lifetime revocation of your driving privileges. A felony conviction and loss of the ability to drive can seriously impact where you live and whether you can work and support yourself. In addition to that, a 4th offense also calls for a mandatory 2 months in jail, and the judge can send you to prison for up to 6 years. It is often easier to be convicted of OWI 4th if they charge you under the Prohibited Alcohol Concentration (PAC) statute because with 3 prior convictions, your legal Blood Alcohol Content restriction is likely 0.02 rather than 0.08. You can also be ordered to complete an Alcohol or Other Drug Assessment (AODA) and complete a Driver Safety Plan (DSP) before you can reinstate your privilege to drive. Even though your license is likely to be permanently revoked, a judge will still order an Ignition Interlock Device for up to 3 years.  

What are the potential penalties for Fifth and Sixth Offense OWI?

The most concerning consequence of an OWI-5th or 6th conviction is that, in addition to being a felony conviction on your record, there is also a mandatory minimum of 18 months in prison with a maximum of ten years imprisonment available to the judge. This means that, if convicted, you will no longer be incarcerated in your community; you will be required to serve your time in a state institution, which may be some distance from your home. If you haven’t had a permanent loss of license before this offense, your driver’s license privileges will also be permanently revoked and an IID requirement of up to 3 years thrown in for added measure.

Seventh, Eighth and Ninth Offense OWI ?

The penalties for 7th, 8th, and 9th offenses increase substantially. They are felony convictions and they require a mandatory time in prison of 3 years with the option for the judge to order a total of 12 and a half years of imprisonment. As with earlier convictions, a permanent license revocation and IID up to 3 years still apply.

Tenth Offense and Above OWI?

On your tenth (or more) conviction for OWI, the penalties increase to a mandatory time in prison of at least 4 years and a total available time of imprisonment of up to 15 years.

What Is the Legal Limit in Wisconsin?

In most cases, Wisconsin’s legal limit is 0.08 – that refers to either 0.08 g/210L of alcohol in a breath sample or 0.08 g/100mL in a blood sample.

However, some drivers are subject to lower legal limits:

• 0.04 for commercial drivers
• 0.02 for those with three or more prior OWI convictions, or those under an Ignition Interlock Device (IID) order
• 0.00 (absolute sobriety) for drivers under age 21

A test result above your applicable limit may lead to charges, but it’s not the end of the story.  Even with a test result above the legal limit, there may be viable defenses available to you.  Our attorneys have experience with many legal challenges that can be made even with a test above the
legal limit.

If My BAC is .08 or Higher, Am I Automatically Guilty?

No. A test result alone does not equal a conviction. You have the right to challenge the evidence and hold the government to its burden of proof.
Breath and blood tests are not perfect. Errors in the way a test was administered, the condition of the equipment, or the timing of the sample can all affect the result. Our attorneys are trained in both the legal and scientific aspects of OWI defense and can identify potential challenges in your case.

Can I Refuse the Blood or Breath Test After an OWI Arrest?

You can refuse to comply with a chemical test, but doing so can have significant consequences. Wisconsin’s implied consent law allows officers to request a chemical test if they have probable cause to arrest you for drunk driving. If you refuse to complete a test after being read the Informing the Accused form, your driving privileges may be revoked, and you may face other penalties for the refusal, even if you’re never convicted of drunk driving for which you were arrested.

Refusals are subject to a separate civil court process, and failing to request a hearing within 10 days can result in a default revocation of your license. If you have refused a chemical test of your breath or blood, we can help you figure out what the next steps are to protect your interests in the civil as well as criminal charges.

Why Should I Hire An Attorney Right Away for my OWI?

From the moment you’re arrested, a 10-day clock begins for challenging the administrative suspension or refusal revocation of your license. This process is separate from your criminal case, and if you do not take action right away,  it can result in automatic license suspension or revocation. If you call us immediately after your arrest, we can take the necessary steps to work towards preserving your ability to drive while
your case is pending.

Even If I Plan to Plead Guilty, Should I Still Contact a Lawyer?

Even if you think you want to enter a guilty plea to drunk driving charges, it is valuable to have an experienced attorney review the facts of your particular case before making any final decisions about a plea. Even if you believe the facts are against you, there may be more options than you think. An experienced attorney will carefully review discovery, including police reports,  dispatch logs, dash camera, body camera, and other video evidence, examine the accuracy and reliability of breath or blood testing equipment, and identify legal or factual issues the police may have overlooked. Drunk driving cases require a complex set of evidence to be proven. This means there are many details to investigate regarding the steps taken by an arresting officer in drunk driving cases and the handling and testing of evidence, including samples taken from you. An attorney will also carefully review the details of any prior drunk driving convictions you may have to see if those priors can be challenged when it comes to counting them as prior offenses.    

Even if you still plan to enter a plea after a careful review of your case, there are a significant number of variables involved in the sentencing of drunk driving cases. Many counties have programs that can lower penalties if you take certain steps before entering a plea or going to sentencing. An attorney with extensive knowledge of the different options available can help you craft a plea agreement and sentencing that fit the particular circumstances of your life and mitigate the consequences that will affect you and protect your liberty and your ability to legally drive going forward. 

Can I Be Charged with OWI for THC (Marijuana) in My System?

In Wisconsin, it is illegal to operate a motor vehicle with any detectable amount of a restricted controlled substance in your system, including THC, even if you are not impaired. Unlike alcohol-based OWI charges, there is no legal threshold (like the .08 limit for alcohol)—any detectable amount may result in a conviction. Regarding THC, it must be a form of THC that is illegal in Wisconsin (Delta-9). This means that a careful review of your blood test should be done to determine whether the THC in your sample is restricted under the Wisconsin statutes. These cases often raise complex legal and scientific issues, and an experienced and well-trained defense attorney can help you assess the evidence and
explore potential challenges.

Will I Lose My License After an OWI Arrest?

Losing your ability to drive is one of the most serious consequences of a drunk driving conviction, second only to losing your liberty entirely in jail or prison. The ability to drive is an important component of life, especially in rural areas that lack access to public transportation, and it is often a critical factor in whether individuals can remain employed. If you took a blood or breath test and the result was over the legal limit, then the Wisconsin DOT will begin an administrative process to suspend your license. It is important to hire an attorney who is experienced in fighting the administrative suspension. Many steps can be taken to preserve driving rights while your case is pending, and others to mitigate the time you are suspended or revoked if you are convicted. We recognize that your ability to drive is incredibly important and will work with you to preserve it whenever possible.

What happens if my OWI involved an accident or injury?

Penalties for drunk driving can be increased for accident and injury, and a conviction in the drunk driving case may have carryover consequences to any civil litigation that is filed from the same incident. It is important to consider all of the effects of a criminal conviction when working to resolve the drunk driving case, not just sentencing. Effects on any civil litigation could change how you choose to proceed on the drunk driving matter. An experienced attorney can help you determine what risks you may be facing from not only the criminal charges, but also help you decide if you need help with civil litigation arising from the accident or injury.

How does a prior OWI conviction affect my current case?

Penalties for drunk driving increase with every subsequent conviction. An experienced attorney will review your prior convictions to determine whether any challenges can be made that could prevent prior convictions from being counted in determining what number of offenses you are facing. This is called a collateral challenge, and it is an evolving area of drunk driving law that is best handled by an attorney who has knowledge and experience with these cases. Reducing the number of OWI offenses you can be convicted of can have a substantial effect in reducing the severity of the penalties you may be facing. 

What is a felony OWI in Wisconsin?

Drunk driving becomes a felony on the 4th offense.  That means the maximum penalty can be a prison sentence of over a year.  It also comes with a mandatory permanent loss of your license.  On a 5th offense and above, you are not only looking at a felony conviction but also mandatory time in prison rather than the county jail.  If you are facing felony OWI charges, it is critical to hire a skilled attorney to help with the very permanent and far-reaching consequences.

Why choose Nelson Defense Group for OWI or OWI-homicide defense?

Our attorneys not only have extensive experience with litigating drunk driving cases across the state, but we also have specialized training at state and national seminars and workshops. We know that drunk driving cases are complex, and we keep up to date with the latest developments to bring you every advantage in challenging your case.