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.
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.
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.
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
Many people are surprised to learn that an OWI arrest triggers two separate cases:
Criminal case – handled in court.
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
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.
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
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.
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.
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.
Contact an OWI defense attorney as soon as possible.
Request an administrative hearing within 10 days to fight license suspension.
Do not plead guilty at your initial appearance without speaking to a lawyer.
Keep all paperwork from your arrest and court notices.
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:
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.