OWI stands for "Operating While Intoxicated." It's Wisconsin's official legal term for what many people commonly call drunk driving.
Under Wisconsin Statute § 346.63(1), no person may drive or operate a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination thereof that renders them incapable of safely driving.
An OWI charge can arise from three distinct situations:
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In some cases, you may also be charged with Actual Physical Control (APC). The difference is that APC does not require proof that you were actually driving — only that you were in control of the vehicle (for example, sitting in the driver's seat with the keys in the ignition) while under the influence.
Police can require you to provide a breath, blood, or urine sample to test your BAC. If you refuse, they can obtain a warrant to draw your blood, and you will face additional penalties under Wisconsin's Implied Consent law.
Facing an OWI charge? Every case has details that could work in your favor. Attorney Patrick Stangl has spent over 35 years identifying those details and using them to protect his clients.
If you have been researching drunk driving charges, you have probably seen the terms OWI, DUI, DWI, and PAC used in various contexts. Here is what each one means and why it matters.
OWI (Operating While Intoxicated) is the term Wisconsin uses. It is based on evidence that you were impaired by alcohol, drugs, or a combination while operating a motor vehicle.
DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are the terms used by other states for essentially the same offense. There is no legal distinction between a DUI and an OWI — they describe the same charge with different names depending on the state.
PAC (Prohibited Alcohol Concentration) is a separate but related charge specific to Wisconsin. A PAC charge is based solely on having a BAC at or above the legal limit (0.08% for most adults, 0.00% for drivers under 21). Unlike an OWI, a PAC charge does not require evidence of impaired driving — just a test result showing you were over the limit. It is very common for drivers to be charged with both OWI and PAC at the same time, though a conviction on both counts arising from the same incident results in a single conviction for sentencing purposes.
For a first offense, PAC penalties are identical to OWI penalties.
This is the single most dangerous misconception about a first OWI in Wisconsin. Many people hear that a first offense is "just civil" and assume they can pay a fine and move on. That could not be further from the truth.
A first OWI conviction can cost you your driver's license for up to nine months, raise your insurance rates for years, require you to install a device in your car that you must blow into before it will start, mandate drug and alcohol assessments and treatment, and leave a permanent mark on your record that cannot be removed.
Beyond the legal penalties, a first OWI can affect where you work, where you live, whether you can travel internationally, and how you are perceived by employers and licensing boards for the rest of your life.
The bottom line: a first OWI is one of the most serious legal situations most people will ever face, and it deserves a serious legal response.
Don't underestimate your first OWI. Attorney Patrick Stangl can help you understand exactly what you are facing and what options exist to fight it.
Wisconsin is the only state in the country where a first offense OWI is classified as a civil violation rather than a criminal offense. This classification has both advantages and disadvantages that every defendant should understand.
The advantages: You will not face jail time for a standard first offense (no aggravating factors), and it will not appear as a criminal conviction on your Wisconsin record. This can be important for employment and professional licensing.
The disadvantages: The infraction still goes on your permanent record, cannot be expunged, and will appear on background checks conducted by employers, licensing boards, and insurers. The penalties (license revocation, fines, mandatory assessments, higher insurance premiums) are still substantial.
A critical caveat: Because a first OWI is civil and not criminal in Wisconsin, a public defender cannot represent you. You must hire a private attorney to fight your charge. This is not optional — it is a structural feature of Wisconsin's legal system for first offense OWI.
There is another important implication for anyone who may move out of state: most other states treat a first-offense drunk driving charge as a criminal misdemeanor. Employers, government agencies, and professional licensing boards in those states may interpret your Wisconsin civil OWI as a criminal-level offense, which could limit job opportunities, professional licensing, and even housing applications.
A first offense OWI also sets a legal precedent. If you are ever arrested again, prosecutors will treat you as a repeat offender, and future charges become criminal with dramatically harsher consequences.
Even without aggravating factors, a first offense OWI in Wisconsin carries significant penalties:
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These are the minimum penalties. The situation gets significantly worse under several common circumstances.
Several common circumstances can dramatically increase the severity of your first OWI penalties.
If any of the following apply to your situation, it is especially critical to work with an experienced attorney.
Excessive BAC (0.15% or Higher)If your BAC was 0.15% or higher at the time of your arrest:
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Minor Passenger Under 16If a child under 16 was in the vehicle at the time of the offense, the consequences change dramatically:
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OWI Causing InjuryIf your OWI caused injury to another person:
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OWI Causing Great Bodily Harm or DeathIf your OWI caused great bodily harm:
If your OWI resulted in someone's death:
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Aggravating factors can turn a civil ticket into years in prison. If any of these apply to your case, you need an experienced defense attorney immediately.
The court-imposed fines for a first OWI vary based on your BAC level and the circumstances of the offense:
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Keep in mind that these fines represent only a small fraction of the total financial impact of a first OWI conviction.
The court-imposed fine of $150 to $300 makes many people think a first OWI is a minor financial hit. In reality, the total cost of a first OWI conviction often exceeds $10,000 when you account for all expenses:
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When you add it all up, a first OWI is one of the most expensive legal situations most people will ever face.
An experienced OWI attorney can often reduce these costs dramatically by getting fines reduced, IID requirements waived, or charges dropped entirely. The cost of hiring an attorney is almost always less than the cost of a conviction.
For most people, losing the ability to drive is the hardest part of a first OWI. Without a license, you cannot legally drive to work, take your children to school, or handle basic daily needs.
If you took the test and your BAC was 0.08% or higher, you will receive a Notice of Intent to Suspend. Your license will be suspended 30 days from the date on the notice. The standard suspension period is 6 to 9 months.
If your BAC was 0.15% or higher, you will also be required to install an IID, even for a first offense.
If your BAC was below 0.08%, you may avoid an automatic suspension, but the state can still pursue the OWI charge based on officer observations of impairment.
If you refused a breath, blood, or urine test, you will receive a Notice of Intent to Revoke. Revocation is more severe than suspension — your license will be revoked for at least one year for a first refusal. Additional consequences include a mandatory AODA assessment and the possibility of an IID or court-ordered sobriety program.
Refusal penalties increase for repeat situations: two years for a second refusal within 10 years, and three years for a third refusal within 10 years.
Whether you took the test or refused, the Notice of Intent you received starts a 30-day clock. If you do not request an Administrative Review Hearing within that window, your license will be automatically suspended or revoked — even before your court date.
Requesting an administrative hearing is one of the most important steps you can take. It gives you the opportunity to fight for your license so you can keep driving while your case is pending. More importantly, it gives your defense attorney the chance to cross-examine the arresting officer, review the state's evidence, and identify errors in the stop, testing, or procedures.
When errors are exposed, critical evidence can be thrown out, charges can be reduced, and in some cases the entire case can be dismissed.
You do not need to appear at the hearing personally — your attorney can attend on your behalf. There is no downside to requesting it, and the potential upside is enormous.
The 30-day clock is already ticking. Contact Attorney Stangl immediately to request your Administrative Review Hearing and protect your driving privileges.
An occupational license is a restricted license issued by the Wisconsin Department of Transportation that allows you to drive for essential purposes after your regular license has been suspended or revoked. It is designed to help you maintain necessary responsibilities while limiting your overall driving privileges.
An occupational license permits driving for employment, school, medical care, childcare, household duties, and religious obligations. Driving is restricted to no more than 12 hours per day and 60 hours per week.
How to Get OneTo obtain an occupational license, you must:
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If your BAC was below 0.15%, you can apply immediately and an IID is not required (unless the court orders one).
If your BAC was 0.15% or higher, you must show proof of IID installation on every vehicle you own or operate before your occupational license will be granted.
In most cases, the sooner you complete these steps, the sooner you can legally drive again.
An Ignition Interlock Device (IID) is a small breath-testing machine installed in your vehicle's ignition system. Before the car will start, you must blow into the device. If alcohol is detected, the vehicle will not start. The device also requires periodic retests while driving.
An IID is automatically required if your BAC was 0.15% or higher or if you refused a chemical test. In these cases, the device must be installed on every vehicle you own or operate, you can only drive IID-equipped vehicles, you are responsible for all costs, and the order lasts at least 12 months (though the court may impose a longer period).
If your BAC was below 0.15%, an IID is not automatically required. However, the court has discretion to order one based on the circumstances of the case, such as an accident, an injury, or other aggravating factors.
Expect to pay approximately $1,000 or more per year, per vehicle, for IID installation, monthly rental, calibration, and maintenance. While the device is active, your legal BAC limit drops to 0.02%.
Every person convicted of a first OWI in Wisconsin must complete an Alcohol and Other Drug Assessment (AODA). This is a court-ordered evaluation conducted by a state-approved treatment facility, typically costing $275 to $300 or more.
The purpose of the assessment is to review your history with alcohol or drug use and determine whether additional classes, counseling, or treatment are needed before you can reinstate your driver's license.
If your BAC was below 0.15%, courts generally limit follow-up to whatever the assessment recommends.
If your BAC was 0.15% or higher, courts often view the elevated level as a more serious concern and may order extended counseling, classes, or monitoring beyond what the assessment recommends.
You must complete the AODA and any required follow-up treatment before your license can be reinstated.
Most people focus on the immediate penalties — fines, license suspension, and the IID, but the long-term consequences of a first OWI conviction are often far more damaging.
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These consequences are real, but they only apply if you are convicted. An experienced attorney can fight to prevent a conviction from ever reaching your record.
In Wisconsin, a first OWI stays on your driving record and arrest record permanently. It cannot be removed. Period.
Wisconsin uses a lifetime look-back period for OWI sentencing, which means any prior OWI can be used to increase penalties for a new offense, no matter how many years have passed.
Your OWI record does not stay only in Wisconsin. It can follow you to other states through national databases and can show up in background checks for employment, housing, professional licensing, and more.
The only way to protect your record is to fight the charge before a conviction is entered. Once you are convicted, there is no going back.
In practical terms, no. Getting an OWI expunged in Wisconsin is next to impossible, and even in the extremely rare case that a court grants expungement, the Wisconsin Department of Transportation does not recognize it. This means the OWI conviction will remain on your driving record forever regardless of whether a court expunges it from your criminal record.
The bottom line: do not count on expungement under any circumstances. It is far smarter and far more effective to work with an experienced attorney to fight the OWI charges and seek to have them reduced or dismissed before a conviction ever occurs.
Your best chance at keeping your record clean is right now — before conviction. Contact us to get the expert help you need.
Let's run through a few of the unique situations that can complicate a first OWI in Wisconsin.
If you receive a first OWI in Wisconsin and hold a driver's license from another state, you will likely face penalties in both Wisconsin and your home state. Wisconsin will impose its own fines, license revocation, AODA assessment, and other requirements. Your home state can then add additional consequences such as suspending your license, adding points to your driving record, requiring classes, and raising your insurance rates.
States share OWI information through national databases and interstate compacts, making it very rare for a conviction in Wisconsin to go unnoticed by your home state.
For example, if you hold a Minnesota license, Minnesota can add its own license suspension, plate impoundment, mandatory IID requirements, and higher insurance costs on top of Wisconsin's penalties. If you hold an Illinois license, Illinois can impose a one-year license suspension, points on your record, and mandatory alcohol education classes.
CDL holders face uniquely harsh consequences for a first OWI. The BAC threshold for commercial vehicle operation is only 0.04% — half the standard limit. Even if the OWI occurred in your personal vehicle at the 0.08% threshold, the conviction triggers CDL penalties.
A first OWI results in a mandatory one-year CDL disqualification regardless of whether the offense happened in a commercial or personal vehicle. If hazardous materials were being transported, the disqualification increases to three years.
The career impact is devastating. CDL disqualification almost always means losing your current job, and many carriers refuse to insure or hire a driver with an OWI on their record.
Wisconsin applies an absolute sobriety rule for drivers under 21, meaning any detectable amount of alcohol in your system is illegal.
In addition to the standard penalties, underage drivers face a minimum $200 fine, an automatic three-month license suspension, and two separate citations (OWI and PAC). Demerit points, dramatically higher insurance costs, and potential impacts to scholarships, college applications, and future employment make an underage OWI especially consequential.
You do not need to be under the influence of alcohol to be charged with an OWI in Wisconsin.
Under Wisconsin Statute § 346.63(1)(am), any detectable amount of a restricted controlled substance in your blood — including marijuana, cocaine, methamphetamine, heroin, opioids, and certain prescription medications — can result in an OWI charge.
This strict "absolute sobriety" standard applies regardless of whether you showed any signs of impairment. The penalties are identical to alcohol-related OWI, with additional severity for aggravating factors.
Special situations require specialized defense strategies. Attorney Stangl has handled every type of OWI case across Wisconsin.
The days immediately following your arrest are the most important. What you do — or fail to do — during this window can directly impact the outcome of your case.
Immediately after the arrest: Do not discuss your case with law enforcement or the prosecutor beyond providing basic identifying information. Do not try to explain or justify what happened. Anything you say can be used against you.
Within 24 hours: Write down everything you remember about the traffic stop, field sobriety tests, and every interaction with police. Record the time, location, weather conditions, road conditions, and any details about the officer's behavior, questions, and instructions. These details may seem insignificant now, but they can become major legal defenses later.
Within 30 days of receiving your Notice of Intent to Suspend or Revoke: Request an Administrative Review Hearing with the Wisconsin DMV. If you miss this deadline, your license will be automatically suspended, even before your court date. This is a hard deadline; there are no extensions.
As soon as possible: Contact an experienced OWI attorney. The earlier an attorney is involved, the more opportunities exist to challenge the stop, the evidence, and the testing procedures. Evidence can degrade or become unavailable over time, and certain legal motions have strict filing deadlines.
Time is your most valuable resource right now. Attorney Patrick Stangl has helped clients across Wisconsin take the right steps in those critical first days.
A first OWI charge may feel overwhelming, but it is not an automatic conviction. The state must prove every step of the process was conducted correctly, and there are many points where errors commonly occur.
Law enforcement officers must follow precise procedures at every stage — from the initial traffic stop through field sobriety testing through chemical testing through evidence handling. A single procedural failure can result in evidence being thrown out, charges being reduced, or the entire case being dismissed.
A successful defense may challenge whether:
Any failure in these steps — and failures are more common than most people realize — can lead to a favorable outcome for the defendant.
The best way to understand whether your specific charge can be reduced or dropped is by speaking with an experienced attorney about the details of your arrest. Below are some of the most commonly used and effective defense strategies in Wisconsin OWI cases.
The Fourth Amendment requires law enforcement to have reasonable suspicion to stop your vehicle. If the officer did not have legally sufficient grounds for the stop, any evidence gathered afterward — including breathalyzer and blood test results — may be inadmissible. Even if you were stopped legally, the stop can become illegal if the officer extended its scope or duration beyond the original purpose.
Field sobriety tests must follow strict standardized protocols established by the National Highway Traffic Safety Administration (NHTSA). If the officer did not administer, demonstrate, or evaluate the tests properly, the results can be challenged and rendered inadmissible. These tests are also inherently subjective, and medical conditions, physical limitations, uneven pavement, poor lighting, weather conditions, and footwear can all affect performance.
Whether your BAC was measured by breath test or blood draw, precise professional standards must be followed at every step — from equipment calibration and certification through sample collection, handling, storage, and analysis. Breath testing devices must be properly calibrated and maintained on a regular schedule. Blood samples must be collected, labeled, stored, and tested in accordance with strict chain-of-custody protocols. Any deviation from these standards can make the test results inadmissible.
Your blood alcohol level continues to rise after you stop drinking because it takes time for alcohol to be fully absorbed into the bloodstream. In some cases, an attorney can successfully demonstrate that you were not over the legal limit while you were actually driving and that your BAC only exceeded 0.08% after the traffic stop, during the time between the stop and the administration of the test.
Certain medical conditions can cause symptoms that mimic intoxication — including diabetes, neurological disorders, gastroesophageal reflux disease (GERD), and certain medications. These conditions can affect field sobriety test performance and, in some cases, breathalyzer readings.
If a prosecutor attempted to contact you without an attorney present, and you had not waived your Miranda rights, any statements you made may be inadmissible. If you requested an attorney, no interrogation can take place without your attorney present.
Under Wisconsin law, you have the right to request an independent chemical test after arrest. If the arresting officer failed to provide this opportunity, it can be grounds for dismissal.
Incorrectly calibrated BAC instruments, use of unapproved equipment, improperly maintained testing devices, and other technical failures can all provide grounds for challenging the state's evidence, even if you failed a breathalyzer test.
The details of your arrest matter — a lot. Attorney Stangl has spent over 35 years finding the procedural errors and constitutional violations that lead to reduced or dismissed charges.
"A first OWI is no big deal." A first OWI conviction is one of the most serious legal events most people will ever experience. Beyond immediate penalties, it can cost you job opportunities, restrict international travel, raise your insurance for years, and stay on your record permanently. Despite being classified as civil in Wisconsin, many employers and entities treat it as a criminal conviction.
"A first OWI isn't that expensive." The court fine of $150 to $300 is misleading. When you add up surcharges, court costs, mandatory assessments, treatment, SR-22 insurance, potential IID costs, towing fees, transportation costs during suspension, and reinstatement fees, the total frequently exceeds $10,000.
"I can't be convicted if my BAC was below 0.08%." This is false. If the court determines you were incapable of safely driving while under the influence of any amount of alcohol — even 0.01% — you can face the same penalties as someone over the legal limit. The legal limit is not a safe harbor.
"You can't go to jail for a first OWI." You can if there was a minor under 16 in the vehicle, if the OWI caused injury or death, or in certain other aggravating circumstances. In the most serious cases, a first OWI can result in decades in prison.
"I can't get an OWI for drugs." Wisconsin law treats drug-impaired driving the same as alcohol-impaired driving. Any detectable amount of a restricted controlled substance — including marijuana, cocaine, and many other drugs — can result in an OWI charge.
"A public defender can represent me." Because a first OWI is a civil offense in Wisconsin, you are not entitled to a public defender. You must hire a private attorney.
"I'll just get it expunged later." OWI expungement in Wisconsin is virtually impossible, and even if granted, the DOT will not remove the conviction from your driving record. The time to fight is before conviction, not after.
"I don't need a lawyer — I'll handle it myself." A first OWI conviction stays on your record for life, cannot be expunged, and can have cascading effects on your employment, insurance, travel, and personal life. An experienced attorney can challenge the stop, the evidence, and the procedures to pursue reduction or dismissal. Handling it yourself is a risk that is simply not worth taking.
What is Implied Consent in Wisconsin? Wisconsin is an "implied consent" state. By operating a motor vehicle on Wisconsin roads, you have implicitly consented to chemical testing (breath, blood, or urine) if law enforcement has probable cause to believe you are operating while intoxicated. Refusing the test does not prevent an OWI charge — it results in additional penalties, including a longer license revocation and possible IID requirements.
Can I refuse a breathalyzer or blood test? You can refuse, but doing so triggers its own set of penalties. Refusing a field sobriety test does not carry additional charges. However, refusing a breath or blood test results in license revocation for at least one year, mandatory AODA assessment, potential IID requirement, and fines. Officers can also obtain a warrant to draw your blood over your objection.
Is a first OWI a felony in Wisconsin? In most cases, no — a first OWI is a civil infraction. However, it becomes a criminal misdemeanor if a child under 16 was in the vehicle, and it becomes a felony if the OWI caused great bodily harm (Class F felony) or death (Class D felony).
Do first-time OWI offenders go to jail in Wisconsin? Not for a standard first offense without aggravating factors. Jail time becomes possible (and in some cases mandatory) when a minor was in the vehicle, when injury or death resulted, or when certain other aggravating circumstances apply.
How long will a first OWI affect my insurance rates? You must maintain SR-22 verification for at least three years after conviction, and you will likely pay elevated insurance premiums for approximately five years.
What is a Notice of Intent to Suspend or Revoke? This is a document issued by the arresting officer after an OWI arrest. It informs you that your license will be suspended (if you took the test) or revoked (if you refused) 30 days from the date on the notice. You must request an Administrative Review Hearing within that 30-day window or the suspension or revocation becomes automatic.
Can first OWI charges be reduced or dismissed? Yes. There are proven defense strategies and circumstances that can lead to charge reduction or dismissal. Illegal stops, improperly conducted tests, mishandled evidence, equipment failures, and procedural violations can all result in favorable outcomes. The key is to work with an experienced attorney who knows where to look.
Will a first OWI affect my ability to travel internationally? It can, particularly with respect to Canada, which treats impaired driving as a serious criminal offense and can deny entry to individuals with OWI convictions on their record.
What is the difference between suspension and revocation? Revocation is more severe. When your license is suspended, your driving privileges are temporarily withdrawn but your license remains valid once the suspension period ends. Revocation means your license is actually cancelled, and you must go through a reinstatement process and pay the $200 fee before you can drive legally again.
How much alcohol does it take to be over the limit? The legal BAC limit is 0.08% for most drivers over 21. How quickly you reach that level depends on your weight, gender, metabolism, rate of consumption, and whether you have eaten. On average, it may take as few as one to two drinks in an hour for an adult to reach the legal limit. However, there is no safe or reliable number of drinks — and you can be convicted even below 0.08% if the court determines you were impaired.
A first OWI is too serious to handle on your own, and too consequential to trust to a discount attorney who may simply pressure you into a plea deal that leaves a permanent conviction on your record.
There are several critical reasons why hiring an experienced OWI defense attorney is essential:
Public defenders cannot represent you. Because a first OWI is a civil offense in Wisconsin, you are not entitled to a public defender. Without a private attorney, you are on your own against the full resources of the prosecution.
The stakes are permanent. A first OWI conviction cannot be removed from your record. It will affect employment, insurance, travel, and future legal proceedings for the rest of your life. You get one chance to fight this — right now.
Experience matters. An experienced OWI attorney knows how to identify weaknesses in the prosecution's evidence, from the legality of the traffic stop through the administration of field sobriety tests through the handling of chemical test results. A skilled attorney knows where mistakes are commonly made and how to use those mistakes to your advantage.
Outcomes differ dramatically. The difference between an experienced OWI defense attorney and a bargain option can be the difference between dismissal and a permanent conviction. Between keeping your license and losing it. Between protecting your career and watching opportunities disappear.
Attorney Patrick Stangl has over 35 years of experience defending OWI cases across Wisconsin, with a proven record of success in both State and Federal Courts. Here is how Stangl Law approaches your case:
Initial consultation and case review. You will discuss the specifics of your situation, have the charges explained, and hear an honest assessment of your defense options — tailored to your circumstances.
Administrative Hearing (DOT Hearing). Stangl Law immediately requests this hearing to challenge the license suspension and preserve your driving privileges. This step is time-critical and cannot be delayed.
Comprehensive investigation. Attorney Stangl obtains and analyzes all evidence, including police reports, dashcam and bodycam video, test results, equipment calibration records, and officer training records — looking for any violations of your rights or deviations from required procedure.
Filing motions to protect your rights. If violations or inaccuracies are found, strategic motions are filed to suppress unlawful evidence. Many cases are resolved favorably at this stage through reduction or dismissal.
Plea negotiations and strategy. While Wisconsin limits plea bargaining for OWI, Stangl Law works to secure the best possible outcome given the evidence and circumstances.
Court preparation and trial representation. If your case proceeds to trial, you are represented by an attorney with decades of courtroom experience who knows how to present a strong, compelling defense.
Post-resolution support. Stangl Law helps you secure an occupational license and navigate the reinstatement process, ensuring you can return to your life with as little disruption as possible.
Attorney Patrick Stangl has been fighting OWI charges in Wisconsin since 1991. He has seen every type of case, every prosecutorial strategy, and every procedural error the state can make. When your future is on the line, experience is the only thing that matters.
If you are facing a first offense OWI in Wisconsin, the single most important thing you can do right now is talk to an experienced attorney. Not tomorrow. Not next week. Now.
The 30-day window for requesting your Administrative Review Hearing may already be shrinking. Evidence can degrade. Legal options can expire. The decisions you make in the next few days will shape the outcome of your case.
Attorney Patrick Stangl offers a FREE 10-minute consultation — no obligation — to discuss the specifics of your case and help you take the first step toward protecting your license, your record, and your future.
Whether in person, over the phone, or online, this initial conversation can help you understand your situation, your options, and what comes next.
Stangl Law Offices, S.C. — Madison, Wisconsin Defending clients across Wisconsin since 1991 Over 35 years of experience fighting OWI charges
Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Every OWI case is unique, and outcomes depend on the specific facts and circumstances involved. If you are facing OWI charges, you should consult with a qualified attorney to discuss your individual situation. Contact Stangl Law for a free consultation.
