Being stopped for drunk driving in Wisconsin is disorienting. Most people don’t know what’s coming next. Understanding the process from the traffic stop through the court proceedings can help you make better decisions — starting with the most important one: who you call first.
The Traffic Stop
Police need reasonable suspicion to stop your vehicle — a traffic violation, erratic driving, or similar observation. Once stopped, if they suspect impairment, they will likely ask you to perform field sobriety tests (walking a line, standing on one leg, following a light with your eyes) and may request a preliminary breath test (PBT) at the scene.
You are not required to perform field sobriety tests in Wisconsin. You can decline them politely. The PBT result is not directly admissible at trial but can be used to establish probable cause for arrest.
The Arrest and Chemical Test
If placed under arrest, you will be transported to the station or jail and asked to provide an evidentiary chemical test — typically a breath test (Intoximeter), though blood or urine tests are also used. Wisconsin’s implied consent law means that by driving, you have agreed to submit to this test. Refusing carries automatic license revocation (1 year for a first refusal) and can be used against you in court.
Booking and Release
After the test, you’ll be booked. For a first OWI, you will typically be released — often with a citation or summons. You will not necessarily spend the night in jail, though this depends on circumstances and the county.
The Two-Track Process: Criminal and Civil
A Wisconsin OWI triggers two parallel proceedings: (1) a civil administrative case with the DMV regarding your license, and (2) the criminal (or civil forfeiture for first offense) court case. Both have deadlines and both require attention. Waiting too long to contact an attorney can forfeit your ability to contest the license suspension.
Call Before You Say Anything Else
Statements you make at the scene, at the station, or to anyone else can be used against you. The single best thing you can do after an OWI arrest is contact an attorney before making any further statements. Attorney Christopher Carson defends OWI cases throughout the Milwaukee and Waukesha County area. Call (262) 860-8932.
Related Articles
- What is the difference between OWI and DUI in Wisconsin?
- Wisconsin OWI first offense: penalties and options
- Can a DUI be expunged in Wisconsin?
Related Articles
- OWI vs DUI in Wisconsin: what’s the difference?
- Can a DUI be expunged in Wisconsin?
- What are your rights during a traffic stop?
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: Field Sobriety Tests in Wisconsin: What They Measure and Whether You Can Refuse · OWI vs. PAC in Wisconsin: Why You’re Charged With Two Things at Once · Second-Offense OWI in Wisconsin: When a Ticket Becomes a Crime
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.