DUI / OWI Defense

Operating While Intoxicated (OWI) is Wisconsin's term for drunk driving — what other states call DUI or DWI. Wisconsin is the only state where a first-offense OWI is not a criminal offense, but the consequences escalate dramatically with each subsequent offense. Whether you're facing your first OWI or a felony charge, Minerva Defense fights aggressively to protect your license, your record, and your freedom.

Wisconsin OWI Charges We Defend

• First Offense OWI — Civil forfeiture (not criminal), but carries license revocation, fines, and an ignition interlock device (IID) requirement
• Second Offense OWI — Criminal misdemeanor with mandatory jail time (5 days to 6 months), up to $1,100 fine, 12–18 month license revocation
• Third Offense OWI — Criminal misdemeanor with 45 days to 1 year in jail, up to $2,000 fine, 2–3 year license revocation
• Fourth Offense OWI (Felony) — Class H felony with 60 days to 6 years in prison, up to $10,000 fine, 2–3 year license revocation
• OWI with Injury — Felony charges with significant prison time depending on severity of injury
• OWI with a Minor in the Vehicle — Enhanced penalties when a child under 16 is present
• Refusal Violations — Separate penalties for refusing a chemical test

Wisconsin OWI Penalties at a Glance

Offense	Classification	Jail / Prison	Fine	License Revocation
1st Offense	Civil forfeiture	None	$150–$300	6–9 months
2nd Offense	Misdemeanor	5 days – 6 months	$350–$1,100	12–18 months
3rd Offense	Misdemeanor	45 days – 1 year	$600–$2,000	2–3 years
4th+ Offense	Class H Felony	60 days – 6 years	Up to $10,000	2–3 years

Our OWI Defense Strategies

Every OWI case has potential weaknesses that an aggressive defense attorney can exploit. We examine every detail:

Challenging the Traffic Stop

Police need reasonable suspicion to pull you over. If the stop was unlawful — no traffic violation, no articulable suspicion — all evidence gathered afterward may be suppressed.

Field Sobriety Test Challenges

Standardized field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are subjective and unreliable. Medical conditions, uneven pavement, poor weather, nervousness, and footwear can all affect results. We challenge the administration and interpretation of these tests.

Breathalyzer & Blood Test Disputes

Breath testing devices require regular calibration and maintenance. Blood samples must be properly drawn, stored, and analyzed following strict chain-of-custody protocols. Errors in any of these areas can render results inadmissible.

Rising Blood Alcohol Defense

Your BAC at the time of driving may have been lower than at the time of testing. Alcohol takes time to absorb — if you were tested 30–60 minutes after your last drink, your BAC may have still been rising.

Constitutional Violations

We scrutinize every aspect of the arrest: Was Miranda properly administered? Was the implied consent advisory correctly read? Were your rights respected throughout the process?

Protecting Your Driving Privileges

Beyond the criminal case, an OWI charge triggers a separate administrative proceeding that can revoke your license. You have only 10 days from the date of arrest to request a refusal hearing. Minerva Defense handles both the criminal defense and the administrative license proceedings to protect your ability to drive.