Arrested for OWI in Wisconsin? What happens next
In Wisconsin, driving under the influence of alcohol or drugs is called OWI (Operating While Intoxicated). It is what other states call DUI or DWI. If you were arrested for OWI, these are the most important things to know in the first few days.
Two processes at the same time
An OWI arrest starts two separate tracks:
- The court case. That is where guilt and the penalty are decided.
- The administrative suspension of your license. If your breath or blood test came back above the legal limit, the Department of Transportation (DMV) can suspend your license even though the court case has not finished.
Many people focus only on court and lose the chance to defend their license.
The deadline almost nobody knows about
When you receive the notice of administrative suspension, you have only 10 days to ask the DMV in writing to review that suspension. If the notice came by mail, the deadline is 13 days, not counting weekends and holidays (Wis. Stat. § 343.305(8)(b)1.). If the deadline passes, the suspension goes forward with no review.
That is why it pays to call an attorney the day of the arrest or the next day, not the week before court.
Is a first offense a crime?
In most cases, a first OWI offense with no aggravating factors is treated as a civil violation, not a criminal offense. The consequences are still serious: a fine, loss of your license for a period, an alcohol and drug assessment, and in many cases an ignition interlock device on your vehicle. Repeat offenses, an accident with injuries, or a minor in the vehicle change the picture and can turn the case into a crime.
If you are not a U.S. citizen
An OWI charge can affect immigration applications, especially with repeat offenses or if drugs are involved. Before accepting any plea, have an attorney review the immigration effect. We explain this in another article: A criminal charge can affect your immigration status.
What to do this week
- Keep every paper you were given: the citation, the suspension notice, and any receipts.
- Write down the court date and the 10-day deadline.
- Do not discuss the case on social media or with police without an attorney.
- Write down what you remember about the arrest while it is fresh: time, place, what you were told, what tests were done.
- Call an attorney and bring everything to the consultation.