What Happens After an OWI Arrest in Wisconsin?

Being arrested for Operating While Intoxicated (OWI) in Wisconsin can feel overwhelming and confusing. Most people don’t know what to expect once they’ve been taken into custody, and the legal process can move quickly. Understanding what happens next can help you protect your rights, prepare for what’s ahead, and avoid costly mistakes.

At Stangl Law Offices, we’ve defended hundreds of clients facing OWI charges across Wisconsin. Here’s what typically happens after an OWI arrest — and what steps you should take immediately.

The clock is ticking on your OWI charge. The sooner you act, the more options you have. Use the button below to fill out a quick contact form to request a FREE 10-minute consultation. If there's a way to win your case, Stangl Law will find it.

Step 1: The Traffic Stop and Arrest

An OWI case usually begins with a traffic stop or checkpoint. Police must have reasonable suspicion to pull you over — such as swerving, speeding, or a broken taillight.

After stopping you, the officer may:

• Ask about alcohol or drug use

• Conduct field sobriety tests (walking a line, standing on one leg, etc.)

• Request a preliminary breath test (PBT)

If the officer believes you are impaired, you’ll be arrested for OWI and taken into custody.

Step 2: Chemical Testing (Breath, Blood, or Urine)

Wisconsin’s implied consent law requires you to submit to a chemical test (breath, blood, or urine) once arrested. Refusing the test carries its own penalties, including an automatic license revocation and mandatory ignition interlock device (IID) installation.

If you take the test and your BAC is 0.08% or higher (or 0.02% for repeat offenders, 0.00% if under 21), you can face a PAC (Prohibited Alcohol Concentration) charge in addition to OWI.

Step 3: Booking and Release

At the police station or county jail, you’ll be:

• Booked (fingerprints, photos, personal information taken)

• Possibly held until you sober up

• Released either on bail, bond, or signature

You’ll usually be given initial paperwork, including:

• The Notice of Intent to Suspend/Revocation (if you failed or refused a test)

• A temporary driver’s license valid for 30 days

• Your upcoming court date

Step 4: Administrative License Suspension (DUI vs. DMV Process)

Many people are surprised to learn that an OWI arrest triggers two separate cases:

1. Criminal case – handled in court.

2. Administrative license suspension (ALS) – handled by the Wisconsin DMV.

You have just 10 days from your arrest to request an administrative hearing to contest the suspension. If you don’t, your license will be automatically suspended after 30 days

Step 5: Initial Court Appearance (Arraignment)

Your first court date — usually called an arraignment — is where you’ll be formally charged. You’ll enter a plea of guilty, not guilty, or no contest.

At this stage, having an attorney is critical. Pleading without legal guidance can lock you into consequences you may have been able to fight or reduce.

Step 6: Pre-Trial Proceedings

If you plead not guilty, your case moves forward into the pre-trial stage. Here, your attorney can:

• Request evidence and police reports

• File motions to suppress evidence (such as an improper traffic stop or faulty testing equipment)

• Negotiate with the prosecutor for possible reduced charges or penalties

Step 7: Trial or Resolution

If your case isn’t resolved in pre-trial negotiations, it may go to trial. At trial, the prosecutor must prove beyond a reasonable doubt that you were operating while intoxicated.

Many OWI cases, however, are resolved through negotiation — but strong defenses can and do win cases at trial.

Step 8: Sentencing and Penalties

If convicted, your penalties depend on whether it’s your first, second, third, or subsequent OWI offense. Consequences may include:

• First offense: Civil forfeiture, license revocation, fines, alcohol assessment, IID if BAC ≥ 0.15.

• Second offense: Criminal misdemeanor, fines, jail time, license revocation, IID.

• Third+ offenses: Felony charges, higher fines, long-term imprisonment, lengthy revocation.

Step 9: Long-Term Consequences

Beyond fines and jail, an OWI conviction can affect your:

• Employment and professional licensing

• Car insurance rates

• Ability to travel to certain countries (like Canada)

• Criminal record

This is why aggressive legal defense is so important.

What to Do Immediately After an OWI Arrest in Wisconsin

1. Contact an OWI defense attorney as soon as possible.

2. Request an administrative hearing within 10 days to fight license suspension.

3. Do not plead guilty at your initial appearance without speaking to a lawyer.

4. Keep all paperwork from your arrest and court notices.
   
   

What to Expect When Working with Stangl Law on Your OWI Case

Attorney Patrick Stangl has over 32 years of experience defending OWI cases across Wisconsin, with a proven record of success in both State and Federal Courts. Here's how we approach your case:

1. Initial consultation and case review. We'll discuss your specific situation, explain charges, and outline potential defense strategies tailored to your circumstances.
2. Administrative Hearing (DOT Hearing). We immediately request this hearing to challenge the license suspension and preserve your driving privileges. Timing is critical—contact us immediately.
3. Comprehensive investigation. We obtain and analyze all evidence, including police reports, test results, and videos to identify any violations of your rights.
4. Filing motions to protect your rights. If violations or inaccuracies are found, we file motions to suppress unlawful evidence. Many cases end here with reduction or dismissal.
5. Plea negotiations and strategy. While Wisconsin limits plea bargaining for OWI, we work to secure the best possible outcome.
6. Court preparation and trial representation. If necessary, we leverage decades of courtroom experience to present a strong defense at trial.
7. Post-resolution support. We help you secure an occupational license, allowing you to drive for essential purposes during suspension.

FREE 10-Minute Legal Consultation

Nationally recognized OWI Defense Attorney Patrick J. Stangl has over 32 years of experience protecting the rights of clients accused of OWI across Wisconsin.

If you're facing OWI charges in Wisconsin, including drug charges or repeat OWI charges, click below to request a FREE 10-minute consultation to discuss your drunk driving or driving under the influence case and help explore options for your defense.

Madison OWI Attorney Patrick J. Stangl, is committed to exploring options for your best defense and has defended clients across the state since 1991. To this end, he is pleased to offer a FREE 10-minute consultation at no obligation to discuss the specifics of your case and take the first step in putting this stressful time behind you.