How Do I Get Out of an OWI in Wisconsin?

If you've been arrested for OWI (Operating While Intoxicated) in Wisconsin, you're likely searching for ways to fight the charges and protect your future. At Cohen Law Offices in Eau Claire, we've successfully defended countless clients against OWI charges, and we understand the strategies that work. Here's what you need to know about defending yourself against an OWI in Wisconsin.

Understanding Your OWI Defense Options

While there's no guaranteed way to "get out of" an OWI charge, there are numerous defense strategies that can lead to reduced charges, dismissed cases, or not guilty verdicts. The key is having experienced legal representation that knows how to identify weaknesses in the prosecution's case.

Common OWI Defense Strategies

1. Challenging the Traffic Stop

Was the stop legal? Police officers must have reasonable suspicion to pull you over. If the officer lacked proper justification for the traffic stop, any evidence gathered afterward may be inadmissible. Common challenges include:

• No valid reason for the stop
• Violation of your Fourth Amendment rights
• Improper DUI checkpoint procedures
• Mistaken observations by the officer

2. Questioning Field Sobriety Tests

Field sobriety tests are notoriously unreliable and subject to challenge:

• Improper administration: Officers must follow standardized protocols
• Medical conditions: Balance issues, injuries, or neurological conditions can affect performance
• Environmental factors: Poor lighting, uneven surfaces, or weather conditions
• Physical limitations: Age, weight, or footwear can impact test results

3. Challenging Breathalyzer Results

Breathalyzer tests are not infallible. At Cohen Law Offices, we know how to challenge breath test results by examining:

• Calibration records: Was the device properly maintained and calibrated?
• Administration errors: Did the officer follow proper testing procedures?
• Medical conditions: GERD, diabetes, or certain diets can cause false readings
• Mouth alcohol: Recent use of mouthwash or breath spray can skew results
• Radio frequency interference: Cell phones or police radios can affect results
• Observation period: Was the required 20-minute observation period properly followed?

4. Challenging Blood Test Results

Blood tests can also be contested:

• Improper collection or storage procedures
• Chain of custody issues
• Contamination of the sample -Fermentation of the sample
• Lack of proper certification for the testing facility
• Improper analysis techniques

5. Questioning the Arrest Process

The arrest itself must follow proper procedures:

• Were you properly read your Miranda rights?
• Did the officer have probable cause to arrest you?
• Were proper booking procedures followed?
• Was evidence properly collected and preserved?

6. Challenging Officer Observations

Officers often cite "signs of intoxication" such as:

• Bloodshot or watery eyes (can be caused by fatigue, allergies, or contacts)
• Slurred speech (can result from nervousness, medical conditions, or accent)
• Odor of alcohol (doesn't indicate level of impairment)
• Fumbling with documents (can be due to nervousness or lack of organization)

These observations are subjective and can often be explained by factors other than intoxication.

Alternative Explanations for "Impairment"

Many conditions and circumstances can mimic signs of intoxication:

• Fatigue or exhaustion
• Prescription medications
• Medical conditions (diabetes, neurological disorders)
• Anxiety or nervousness during the stop
• Physical disabilities or injuries
• Speech impediments

Negotiating Reduced Charges

Even when a complete dismissal isn't possible, experienced attorneys can often negotiate for:

• Reduction from OWI to reckless driving
• Reduced penalties and fines
• Alternative sentencing options
• Avoiding jail time for first offenses
• Minimizing license suspension periods

The Importance of Acting Quickly

Time is critical in OWI cases:

• You have only 10 days to request a hearing to challenge your license revocation
• Evidence can be lost or degraded over time
• Witnesses' memories fade
• Early intervention can lead to better outcome

What NOT to Do

Don't represent yourself. OWI law is complex, and the consequences of conviction are severe. Prosecutors and judges know when someone lacks legal expertise.

Don't plead guilty immediately. Even if you think the case against you is strong, an experienced attorney may identify defenses you haven't considered.

Don't talk about your case. Anything you say can be used against you, including social media posts, conversations with friends, or statements to police.

Don't miss court dates or deadlines. This can result in additional charges and a warrant for your arrest.

Why Cohen Law Offices?

At Cohen Law Offices, we specialize in OWI defense. Our attorneys have:

• Over 50 years of combined experience in drunk driving defense
• In-depth knowledge of breathalyzer science and field sobriety testing
• Proven success at all levels of Wisconsin courts
• A track record of favorable outcomes including dismissals, reduced charges, and not guilty verdicts

We understand the science behind OWI testing, the legal procedures that must be followed, and every defense strategy available under Wisconsin law.

Our Approach to OWI Defense

When you hire Cohen Law Offices, we:

1. Thoroughly investigate your case - reviewing police reports, video footage, test results, and all evidence
2. Identify weaknesses in the prosecution's case
3. Challenge improper procedures or constitutional violations
4. Negotiate aggressively with prosecutors
5. Prepare for trial when necessary to protect your rights
6. Fight for the best possible outcome - whether that's dismissal, reduced charges, or acquittal

Specialized Knowledge Makes the Difference

OWI defense requires specialized knowledge that general practice attorneys simply don't have. We stay current on:

• Changes in Wisconsin OWI law
• New breathalyzer technology and its limitations
• Recent court decisions affecting OWI cases
• Scientific research on field sobriety testing
• Blood and breath test methodologies

Complex Cases Are Our Specialty

We handle the most challenging OWI cases, including:

• Multiple offense OWIs (3rd, 4th, 5th offenses)
• OWI causing injury or death
• Commercial driver's license OWI cases
• Underage OWI charges
• Refusal cases
• High BAC cases

The Cost of an OWI Conviction

An OWI conviction can cost you far more than legal fees:

• First offense: Up to $1,150 in fines, 6-9 month license revocation, possible jail time
• Second offense: $600-$2,000 in fines, 12-18 month revocation, 5 days to 6 months in jail
• Third offense (felony): Up to $10,000 in fines, 2-3 year revocation, 45 days to 1 year in prison
• Fourth offense and beyond: Increasingly severe penalties including lengthy prison sentences

Additional costs include increased insurance rates, ignition interlock device installation and maintenance, lost employment opportunities, and professional licensing consequences

Take Action Now

If you've been charged with OWI in Wisconsin, don't wait. The decisions you make now will impact the rest of your life.

Contact Cohen Law Offices today for a free consultation. We'll review the specific facts of your case, identify potential defenses, and develop a strategy to fight your charges.

We are the premier OWI defense firm in Eau Claire and throughout Wisconsin. When you need experienced attorneys who know how to win OWI cases, Cohen Law Offices is your best choice.

Don't let an OWI charge destroy your future. Call us immediately.

 

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique and results vary based on individual circumstances. Contact Cohen Law Offices for a personalized case evaluation and defense strategy.