An OWI, even a first Operating While Intoxicated charge, is no joke. While a first-time OWI is usually not a criminal charge in Wisconsin, certain aggravating factors (such as the presence of a child in the car, a refusal of chemical tests, or a Blood Alcohol Content (BAC) of .15 or higher could lead to very serious penalties.
For those looking at an OWI second (misdemeanor) charge, or felony OWI (OWI third or higher), another OWI could mean loss of rights, prison or jail time, costly financial penalties, permanent loss of a CDL license, and the permanent or temporary loss of your driver's license.
In this post, we'll discuss ways that Attorney Stangl has repeatedly reduced OWIs (from OWI 1st through 3rd) to less costly Reckless Driving charges.
Strategies for Getting an OWI Charge Reduced in Wisconsin
Getting an OWI charge reduced in Wisconsin requires a comprehensive defense strategy that challenges every aspect of the state's case. Attorney Stangl uses a wide range of strategies to defend your OWI case. Here are nine effective approaches.
1. Challenge the Legality of the Traffic 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. For a traffic stop to be legal, the officer must be able to articulate facts indicating "reasonable suspicion" that you were committing a violation. Without a reasonable suspicion, the defense can file a motion to suppress any evidence obtained during the illegal stop and likely dismiss the case outright.
2. Attack the Probable Cause for Arrest
Just because a law enforcement officer has either reasonable suspicion or probable cause to stop the vehicle does not mean he or she has sufficient legal reason to make a lawful arrest for OWI. The officer must have evidence justifying the belief that the driver was impaired. Misinterpretations of physical signs, like red eyes or unsteady movements, can lead to unlawful arrests.
3. Question the Reliability of Chemical Tests
OWI breath tests in Wisconsin can be subject to a wide variety of errors including, but not limited to: calibration errors, failure of maintenance tests, physiological and medical conditions, radio frequency interference. Wisconsin requires proper instrument maintenance, calibration, operator certification, and observation periods before and during testing. Failures here can make the test inadmissible or unreliable.
4. Challenge Field Sobriety Test Administration
Even the most reliable field sobriety tests (FSTs) used in Wisconsin aren't always accurate indicators of alcohol or drug impairment. According to the Office of Justice Programs (NCJRS), tests (specifically the HGN, walk-and-turn, and one-leg-stand) are 65-77% reliable, with the HGN being the most reliable of the three. Police must give these tests in accordance with specific guidelines defined by the NHTSA, and apart from errors made by officers themselves, there are a number of environmental and situational factors that can lead to a problematic test, such as the officer's subjectivity, poor weather, or uneven ground.
5. Challenge Prior Convictions
One powerful strategy involves challenging the validity of prior OWI convictions used to enhance current charges. On one occasion, Attorney Stangl successfully argued that one of his client's prior convictions could not be counted because he was not properly advised of his right to counsel in a previous case and that the record did not demonstrate a free and voluntary waiver of his 6th amendment right to counsel. After investigating and researching the issue, Attorney Stangl brought a motion challenging the uncounseled conviction, and after an evidentiary hearing, the trial court agreed the prior conviction could not be counted, thereby reducing the 5th/6th offense to non-mandatory prison charges.
6. Present Medical and Alternative Explanations
Medical conditions such as acid reflux disease, heartburn, or Gastro Esophageal Reflux disease (commonly known as GERD) can establish a defense to a chemical breath test. Among other observations, the officer will most likely claim you had red/glossy/watery eyes, a flushed face and/or slurred speech. Your Wisconsin drunk driving defenses may include innocent explanations like fatigue, allergies, physical injuries, being ill or dehydrated, or having medical conditions that can mimic the symptoms the prosecutors rely upon.
7. Strategic Plea Negotiations
While Wisconsin has limited plea bargaining for OWI cases, experienced attorneys can still negotiate favorable outcomes. This was the case for one of our clients, Matthew. Our strong defense created concerns about the City proving its case. Just prior to trial, a resolution was reached and the City amended the OWI charge to reckless driving and inattentive driving with the payment of two forfeitures-fines—a satisfying resolution.
8. Contest Administrative 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. Success in administrative hearings can sometimes influence prosecutors to reconsider the criminal case entirely.
9. Act Quickly on Critical Deadlines
Deadlines are short—often as little as 10 days—to request key hearings under Wisconsin's Implied Consent law (Wis. Stat. § 343.305). Talk to a lawyer immediately to protect your rights and preserve defenses. Time is critical to get in touch with an attorney. Common misconceptions hurt cases. Many drivers underestimate the cost and long-term impact of a first OWI. Don't make that mistake. There are real, proven defenses—but only if you act quickly.
The key to successful OWI charge reduction lies in thorough investigation, aggressive defense of constitutional rights, and strategic use of Wisconsin's legal procedures. Attorney Stangl's philosophy regarding OWI defense is that unless the State offers a plea agreement significantly better than the risk of losing in a trial, there is no reason to plead guilty. Since Attorney Stangl believes that, unlike many other charges in State Court, recipients of drunk driving [OWI, DUI, DWI, BAC, PAC] charges have little incentive to plead guilty, he prepares all drunk driving cases for trial.
Success Stories from Clients Whose OWIs were Reduced to Reckless Driving
OWI-First Offense in Chippewa County, Wisconsin
The client was charged with OWI and operating with a prohibited alcohol concentration at or above .08. The client was stopped after speeding approximately 10 mph above the posted speed limit and subsequently arrested. He registered an alcohol breath concentration of .12. The defense replicated the driving and alcohol consumption scenario on the night in question and did a subsequent Intoximeter test showing the defendant’s alcohol concentration. The defense was prepared to show the scientific basis for the huge discrepancy, and the defense was also prepared to prove that the arresting officer was not qualified to properly complete the field sobriety tests and made multiple errors in implementing those tests. Days before the scheduled jury trial, the Village conceded that it could not prevail. The PAC charge was dismissed and the OWI amended to reckless driving.
Matthew’s Dilemma
Matthew was arrested after he had an accident where he crashed into a decorative retaining wall in front of a closed business. He was initially arrested and cited for felony reckless endangerment as well as operating a vehicle while intoxicated. It was alleged that he "huffed" an inhalant and blacked out while driving.
He immediately hired Attorney Stangl prior to being formally charged and the criminal charges were not pursued. He was then charged with an OWI 1st under the theory that he was under the influence of an inhalant. The matter was aggressively defended and many motions challenging the case were filed, including a motion to suppress statements made by Matthew, which were very damaging to his case. Ultimately, prior to trial, due to concerns with proving its case, a resolution was reached. The City amended the OWI to a reckless driving and inattentive driving with the payment of two forfeitures-fines.
County of Sawyer v. Adam H.
The client was involved in a one-car accident. The car was totaled, and the defendant was found walking down an isolated road approximately one-half mile from the crash. A passerby noticed the client and pulled in front of the client, restricting his freedom of movement. He asked him if he was ok or involved in an accident to which the client responded he was ok and was going to continue walking.
The passerby, a voluntary fire chief with law enforcement communications, then continued on and called 911 to report the accident. He told law enforcement that he saw a man walking in a particular direction approximately one-half mile from where the single vehicle was discovered. The voluntary fireman returned to the client and told him he would give him a ride home, which was a ruse. Instead, he took him to the waiting police, where he was arrested for OWI and taken to the county jail.
He refused to submit to chemical testing of his breath and was cited with an Implied Consent (Refusal) Violation and Operating Under the Influence of an Intoxicant. The defendant hired a different attorney and the case stalled. He was not getting the results he needed and ultimately hired Attorney Stangl.
The client, a former Badger athlete, simply could not have an OWI conviction on his record or it would significantly impair his financial future. Attorney Stangl was able to create an argument that the first responder was acting as an agent of the county and when he restricted the freedom of movement of his client he violated his client's Fourth Amendment right to be free of an unreasonable seizure. The first responder offered to give the client a ride home but went in the opposite direction of his home, stalling for time until law enforcement arrived.
The client's case was successfully resolved: the refusal was dismissed; the OWI 1st was amended to reckless driving; and the Implied Consent Violation was dismissed. The client also agreed to an inattentive driving violation for a forfeiture of one hundred eighty seven and 90/100 dollars ($187.90).
State of Wisconsin v. S.B.
Attorney Stangl represented an individual who failed to negotiate an exit ramp off of the Interstate and lost control of his vehicle. Open intoxicants were found in his vehicle, and he had admitted to consuming alcohol while driving on a trip from Chicago. His car was totaled as a result of the accident. He was cited for operating while under the influence of an intoxicant and operating with a prohibited alcohol concentration.
Attorney Stangl was able to demonstrate that his blood alcohol concentration was not at a prohibited level at the time of the accident and the case was resolved with an amendment off of the OWI-PAC 1st charges to a reckless driving conviction. Needless to say, his client was thrilled with the result!
Victory - OWI Accident in Madison, Wisconsin
Attorney Stangl represented a client who had a vehicle accident in the City of Madison and registered a breath alcohol concentration of .14. Luckily, no one was hurt, but his client was subsequently charged with what is commonly called “drunk driving” but technically an OWI/PAC as a first offense in the State of Wisconsin, §346.63 (1) (a) and §346.63 (1) (b) Wis. Stats. It appeared the City had a strong case and his client was willing to put the matter behind him. However, Attorney Stangl continued to research and investigate the matter.
Ultimately, he was able to discover that the arresting officer failed to comply with certain technical requirements of the law regarding the reading of the Informing the Accused, which are rights that a suspected drunk driver must be informed of prior to the submission of any chemical test of their blood, breath, or urine. Ultimately, the case was successfully resolved. The OWI was amended to reckless driving, and the PAC (above the legal limit charge) was dismissed.
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OWIs Reduced to Reckless Driving Charges: Case Victories by Stangl Law
Around the state, from Barron County to Dane County, Stangl Law has helped clients achieve lighter penalties and amended charges to their cases:
- City of Green Bay v. M.K., Brown County
OWI 1st: Amended to Reckless Driving - County of Sawyer v. K.V.
OWI-PAC 1st: PAC Dismissed, OWI Amended to Reckless Driving - State of Wisconsin v. D.K.
OWI-PAC 3rd: Amended to Reckless Driving - State of Wisconsin v. B.B.
OWI-PAC 3rd: Amended to Reckless Driving - Village of Poynette v. T.H.
OWI-PAC 1st, .19 blood test: Amended to Reckless Driving - County of Rusk v. D.S., Rusk County
OWI 1st - Amended to Reckless Driving; Refusal Citation- Dismissed - Village of Eagle v. D.J., Waukesha County
OWI 1st/Refusal: Refusal Dismissed at Municipal Court Trial OWI 1st Amended to Reckless Driving - Washburn County v. R.M., Washburn County
OWI: Amended to Reckless Driving - Town of Cottage Grove v. M.L.
PAC charge: Dismissed; OWI Amended to Reckless Driving - State of Wisconsin v. D.F., Juneau County
OWI 2nd: Amended to Reckless Driving - State of Wisconsin v. L.F., Sawyer County
OWI – PAC 2nd: Amended to Reckless Driving - Village of Cameron v. S.A., Barron County
OWI 1st: Amended to Reckless Driving - Village of Almena v. K.C., Barron County
OWI 1st: Amended to Reckless Driving - Village of Siren v. J.A., Burnett County
OWI 1st: Amended to Reckless Driving - Dane County v. S.D., Dane County
Amended to Reckless Driving - State of Wisconsin v. AM., Dane County
OWI-PAC 2nd/Accident PAC Dismissed, OWI Amended to Reckless Driving - State of Wisconsin v. E.M., Dane County
OWI 1st: Amended to Reckless Driving - City of Middleton v. S.G.
OWI: Amended to Reckless Driving - City of Middleton v. J.G.
OWI: Amended to Reckless Driving - City of Middleton v. M.K.S.
OWI 1st: Amended to Reckless Driving - State of Wisconsin v. M.O., Dane County
OWI 2nd: Amended to Reckless Driving - Forfeiture - City of Watertown v. J.J.
OWI 1st - .18: Amended to Reckless Driving – Forfeiture - State of Wisconsin v. M.W., Pepin County
OWI 1st: Amended to reckless driving – Forfeiture - State of Wisconsin v. R.I.
OWI 3rd: Amended to Reckless Driving – .15 – Accident - State of Wisconsin v. K.B., Columbia County
OWI 2nd – Mandatory Jail – Amended to Reckless Driving – Forfeiture - State of Wisconsin v. B.W., Columbia County
OWI 2nd: Amended to Reckless Driving – Refusal - (Not charged) OAR Dismissed
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Facing OWI-PAC Charges in Wisconsin: What To Do Next?
If you’re facing OWI-PAC charges in Wisconsin, it’s important to discuss your case with an experienced Wisconsin Criminal Defense attorney as soon as possible. Even if this is not your first OWI, there is hope that it can be amended to a reckless driving charge, inattentive driving, or even dropped entirely, depending on the details of your situation.
Criminal Defense Lawyer Patrick J. Stangl has been aggressively fighting to protect the rights of drivers accused of OWI and other drunk driving charges for over 30 years. He remains committed to protecting the innocent against OWI charges in Madison, Eau Claire, Hayward and across Wisconsin.
Attorney Stangl’s philosophy regarding the OWI defense is that unless the State offers a plea agreement significantly better than the risk of losing in trial, there is no reason to plead guilty. Because Attorney Stangl believes that—unlike many other charges in State Court—victims of drunk driving (OWI, DUI, DWI, BAC, PAC) charges have little incentive to plead guilty, he prepares all drunk driving cases for trial.
This approach differs greatly from most criminal defense attorneys who assume they cannot win your case and plead guilty. If you’re facing criminal or traffic charges in Wisconsin, schedule a free consultation with us from the contact us page right away.
Attorney Stangl has undergone the same NHTSA-sponsored field sobriety test training as law enforcement—something very few OWI attorneys can legitimately claim. This training gives Attorney Stangl unique insight into how these tests are designed, their weaknesses, and where law enforcement often makes mistakes when administering them. Attorney Stangl regularly leverages this expertise to uncover opportunities for defense for his clients and work toward successful outcomes.
Free 10-Minute Consultation
If you need a Wisconsin OWI lawyer who is committed to fighting for you, request a free 10-minute consultation to discuss your case and explore options for your defense.
Stangl Law Offices, S.C.