OWI & Traffic Defense
Strategic defense against OWI, PAC, and serious traffic charges to protect your license and freedom.
You have only 10 days after an OWI arrest to request an administrative review hearing to protect your license. Call us today.
An OWI (Operating While Intoxicated) charge in Wisconsin carries serious consequences — license revocation, fines, ignition interlock requirements, alcohol assessment, and potential jail time. Wisconsin is one of the few states where a first-offense OWI is typically a civil ordinance violation, but subsequent offenses are criminal and penalties escalate rapidly. A conviction can also affect your insurance rates, professional licenses, and employment prospects for years to come.
At Smith & Associates, we take an analytical approach to OWI defense. We scrutinize the traffic stop for legal justification, challenge the administration and accuracy of field sobriety tests and chemical testing, and examine whether proper procedures were followed at every step.
We handle OWI, PAC (Prohibited Alcohol Concentration), drug-related OWI, commercial vehicle violations, reckless driving, and administrative suspension hearings before the Wisconsin DOT. Time is critical — requests for an administrative review hearing must be submitted within 10 days of arrest.
Related Practice Areas
State law summary
Wisconsin uses 'OWI' (Operating While Intoxicated) rather than DUI. First-offense OWI is a civil forfeiture (non-criminal) in most circumstances, but enhanced BAC (0.15%+), commercial driving, or prior offenses can elevate charges and penalties. Implied consent is governed by Wis. Stat. § 343.305.
Statute of limitations
Varies
Felony OWI: 6 years. Misdemeanor OWI: 3 years. Forfeiture actions follow separate timelines.
Statutes-of-limitations rules vary by case and may have exceptions. Consult counsel before relying on this summary.
Key statutes
OWI prohibited Wis. Stat. § 346.63
Prohibits operating with prohibited alcohol concentration or while intoxicated; BAC thresholds: 0.08 standard, 0.04 commercial, 0.02 for three or more prior convictions, absolute sobriety for drivers under 21.
Implied consent Wis. Stat. § 343.305
Operating a vehicle constitutes implied consent to chemical testing; refusal triggers automatic license revocation. Refusal hearing must be requested within 10 days of notice.
Source: State_Legal_Data (verified per file). This summary is for general information only and is not legal advice.
OWI & Traffic Defense FAQ
Answers to common questions about this area of law.
Frequently Asked Questions
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