4 Ways to Get an OWI Dismissed in Wisconsin

Driving under the influence (OWI, DUI, DWI) is a serious offense that can carry major penalties for those convicted. However, depending on the circumstances, a skilled OWI Lawyer may be able to work to have your charges reduced or have your case dismissed altogether.

There are many possible defenses a skilled attorney may deploy based on the facts of the case. For example, an attorney might:

• Question the legality of the initial stop itself.
• Question the legality of any field sobriety tests or other actions by the officer involved in the stop.
• Question the processes, procedures, and technology used to administer chemical tests.
• Question the training of the officer involved.
• Identify medical conditions or legal drugs that could result in testing results.

Note: While many OWI cases are dismissed, this does not mean opportunities for reduction or dismissal are present in all circumstances.

Here are 4 of the most common ways to get an OWI dismissed in Wisconsin:

1. Challenge the legality of the stop

The Fourth Amendment and Article I, § 11 of the Wisconsin Constitution protect you from unreasonable seizures. In Wisconsin, officers need reasonable suspicion based on specific, articulable facts before stopping your vehicle.

• See State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634 (weaving within a lane can—but does not always—justify a stop, depending on the totality of circumstances). 

What we do:

• Tear down the paper trail: We obtain and compare the officer’s report, dash cam, and body cam. Any mismatch (e.g., “erratic driving” not visible on video) can be pivotal.

• Scrutinize “reasonable suspicion”: Nervousness, driving slightly under the speed limit, or late-night driving alone rarely suffices.

• Map timing/location details: We check whether the facts articulated by the officer meet Wisconsin’s reasonable suspicion standard.

• Apply the right precedent: We frame your facts against controlling Wisconsin cases to argue the stop was unlawful—suppressing everything that followed.

If the stop was unconstitutional, the prosecution’s case can collapse.

Think your stop was questionable? You may have a strong suppression argument. Talk to us within 10 days to preserve your rights.

2. Lack of probable cause for a breath test

Officers must have probable cause to arrest you or demand a breath/chemical test.

Probable cause requires more than a hunch—there must be sufficient objective facts suggesting you were impaired by alcohol or another substance.

Wisconsin’s Implied Consent law (Wis. Stat. § 343.305) also imposes strict procedural requirements on officers, and failures can be fatal to the State’s case.

• See County of Ozaukee v. Quelle, 198 Wis. 2d 269, 542 N.W.2d 196 (Ct. App. 1995) (improper/misleading implied consent warnings can affect admissibility and consequences), and State v. Reitter, 227 Wis. 2d 213, 595 N.W.2d 646 (1999) (scope of implied consent advice).

Our multi-pronged approach:

• Sequence reconstruction: We evaluate every step leading to the arrest/test request for statutory and constitutional compliance.

• Symptoms ≠ intoxication: Red eyes, unsteady gait, or slurred speech can be caused by allergies, injuries, fatigue, anxiety, or neurological/medical conditions.

• Field Sobriety Test (FST) deviations: We compare the officer’s administration to NHTSA standards. Significant deviations can undercut probable cause.

• Implied Consent advisement check: We verify the officer conveyed all required information accurately and completely.

When probable cause is lacking—or the implied consent process is botched—suppression or dismissal can follow.

Miss a 10-day deadline and you can lose critical defenses. Get in touch with us now.

3. Challenge the results of the breath/chemical test

Wisconsin requires proper instrument maintenance, calibration, operator certification, and observation periods before and during testing. Failures here can make the test inadmissible or unreliable.

• (See Wis. Stat. § 343.305 and related Wis. Admin. Code Trans ch. 311 provisions governing breath testing procedures and certifications.)

Typical attack vectors:

• Device integrity: We subpoena maintenance, calibration, and accuracy check logs for the specific machine used.

• Operator qualifications: We verify the validity and compliance of training and certification procedures.

• Observation period violations: Did the officer properly observe you (no burping, vomiting, ingesting substances) for the required time?

• Medical confounders: GERD, diabetes (ketones), dentures, mouth alcohol, and certain medications can distort results.

• Chain of custody & lab methodology (for blood draws): We examine lab SOPs, validation, and analyst qualifications.

Breath/chemical tests aren’t bulletproof. The details matter. Let us audit them. Contact us now.

4. Challenge your license suspension 

Your driver’s license can be suspended administratively even before your criminal case resolves. If you don’t request the appropriate hearing in time (often 10 days), you can lose driving privileges—even if you’re later found not guilty or your case is dismissed.

What we do:

• File on time: We calendar and file all administrative hearing requests before the deadlines expire.

• Run parallel tracks: We treat the administrative suspension and criminal case as separate but strategically connected proceedings.

• Leverage the hearing: We often use the admin hearing to gather testimony and documents that help us win the criminal case.

• Seek occupational licenses: Where possible, we help you legally maintain employment and essential activities per Wisconsin DOT rules.

A successful administrative challenge can weaken the State’s position—and sometimes leads prosecutors to rethink the criminal case.

Critical deadlines come fast. Miss them, and options disappear. Contact us as soon as possible.

OWI defense success stories

1. Prior uncounseled conviction thrown out → charge reduced

• Issue: Client facing a 5th/6th OWI/PAC where prison is mandatory under State v. Shirikian, 2023 WI App 13.
• Strategy: We proved a prior conviction shouldn’t count—client wasn’t properly informed of the right to counsel and there was no valid waiver of Sixth Amendment rights.
• Result: Court agreed; the 5th/6th charge dropped to a non-mandatory prison offense.

2. No probable cause → full dismissal

• Issue: Arrest on a 5th/6th OWI/PAC with weak facts underlying the stop and arrest.
• Strategy: We attacked the officer’s reasonable suspicion and probable cause, supported by testimony and briefing.
• Result: Court granted our motion to dismiss after oral ruling—case dismissed.

3) Officer’s false testimony exposed → State dismisses

• Issue: During a preliminary hearing, the officer testified that the client took FSTs that the client never took.
• Strategy: We confronted the inconsistencies and established the record.
• Result: The State immediately moved to dismiss all charges and confirmed it would not recharge.

The first 72 hours: what we do for you

1. Protect deadlines (e.g., the 10-day window to request certain hearings under § 343.305).

2. Preserve video and data (dash cam, body cam, squad logs, dispatch audio).

3. Demand calibration and maintenance records for breath/chemical tests.

4. Audit the implied consent process used in your case.

5. Map your medical history to identify non-alcohol explanations for “intoxication” signs.

6. Plan parallel tracks for the administrative hearing and the criminal case.

Wisconsin OWI dismissal FAQs

• How often are OWI cases dismissed in Wisconsin? There’s no reliable public statistic, and dismissal rates vary widely based on jurisdiction, facts, and defense quality. Some cases are dismissed; many are reduced; others proceed to conviction. Every case turns on its own facts.

• How long do I have to request a hearing after my OWI arrest? Deadlines can be as short as 10 days (e.g., for certain administrative hearings under Wis. Stat. § 343.305). Contact a lawyer immediately to avoid forfeiting rights.

• Can I win an OWI if I refused the breath test? Possibly. Refusal triggers separate penalties, but the legality of the stop, the adequacy of implied consent warnings, and the existence of probable cause are all litigable. A refusal does not automatically mean you can’t defend (or win) your case.

• What if the officer messed up my field sobriety tests? Improperly administered FSTs can undermine probable cause for arrest or testing requests. We compare the officer’s actions to NHTSA protocols and Wisconsin case law.

• What happens if the breath machine wasn’t maintained properly? Calibration or maintenance failures—and operator certification gaps—can render test results inadmissible or unreliable, opening the door to suppression or dismissal.

• Is it possible to beat a 5th/6th OWI in Wisconsin? Yes, but it’s difficult and very fact-specific. The stakes are severe (mandatory prison under State v. Shirikian, 2023 WI App 13). Immediate, experienced counsel is critical.

FREE 10-Minute Legal Consultation

Madison attorney, Pat Stangl, is happy to extend to you a free, no-obligation 10-minute consultation to help you explore your options and obtain the best results.

If you’ve been arrested or charged with OWI in Wisconsin, it’s crucial you contact an experienced Madison OWI lawyer today. Contact Attorney Patrick Stangl for a free consultation: