What Happens After a First OWI in Wisconsin?

Understanding the Road Ahead After a First OWI in Wisconsin

Being arrested for Operating While Intoxicated (OWI) for the first time can be overwhelming. You may be unsure about your rights, anxious about what comes next, and uncertain about how this will impact your future. At Levine Law LLC in Milwaukee, we understand the stress you’re facing. For three generations, our attorneys have helped people throughout southeastern Wisconsin navigate the complex OWI process, protect their rights, and move forward with clarity and confidence.

What Is a First OWI in Wisconsin?

A first OWI in Wisconsin is typically considered a civil offense rather than a criminal one—unless certain aggravating factors apply. Under Wisconsin law, operating a motor vehicle while under the influence of alcohol or drugs, or with a prohibited alcohol concentration (PAC) of 0.08% or higher, can result in an OWI citation.

Although a first offense is not a misdemeanor or felony in most cases, it is still a serious matter that can lead to financial penalties, loss of driving privileges, and long-term personal consequences.

Why This Issue Matters

A first OWI can have far‑reaching consequences, even for people who’ve never had trouble with the law. Here's why this issue matters:

• Financial Costs: Fines, court fees, alcohol assessments, ignition interlock installation, and increased insurance premiums can add up quickly.
• Loss of Driving Privileges: Your driver’s license may be suspended, causing difficulties with work, school, family obligations, and daily life.
• Professional Impact: OWI records appear in background checks, which can affect employment opportunities, professional licenses, and insurance rates.
• Emotional Stress: Many clients experience shame, fear, and confusion—especially when they’ve never encountered the legal system before.
  
  

What Happens After a First OWI? A Step-by-Step Guide

1. The Arrest and Chemical Testing

After being stopped, law enforcement may perform field sobriety tests and request a breath, blood, or urine test. Wisconsin’s implied consent law means that refusing a chemical test can result in additional penalties, including a license revocation separate from any OWI consequences.

2. Administrative Suspension Notice

If you test over the legal limit, you will receive a “Notice of Intent to Suspend.” You have only 10 days to request an administrative hearing with the Wisconsin Department of Transportation (DOT). Missing this deadline often means your license will be automatically suspended.

3. Court Proceedings

Your first OWI case will be handled in municipal or circuit court depending on the jurisdiction. You will receive a citation and a court date. Although a first offense is usually a civil matter, the process should be taken seriously. An attorney can help negotiate penalties and evaluate whether evidence was obtained legally.

4. Alcohol and Drug Assessment

Wisconsin requires first-time OWI offenders to complete an alcohol and drug assessment through a state-approved facility. The assessor may recommend an educational program or treatment. Completion is required to regain full driving privileges.

5. License Suspension and Occupational License

A first OWI typically results in a license suspension of 6 to 9 months. However, you may be eligible for an occupational license that allows you to drive to work, school, or essential appointments. This often requires installing an ignition interlock device (IID) if your BAC was 0.15 or above or if you refused chemical testing.

6. Ignition Interlock Device (IID) Requirements

If ordered, you must install an IID on every vehicle you own or operate. This device requires a breath sample before the vehicle will start. IID orders typically last one year for a first offense involving a BAC of 0.15 or higher.

7. Paying Fines and Completing Requirements

You’ll be responsible for fines, surcharges, assessment fees, IID installation fees, and any required classes. Completing all court-ordered requirements is essential for reinstating your license.

Common Examples and Case Scenarios

Scenario 1: A Routine Traffic Stop

You’re pulled over for speeding. After noticing the odor of alcohol, the officer conducts field sobriety tests and a breath test. Your BAC reads 0.10. You’re cited for OWI and PAC. You must attend court, complete an assessment, and face a license suspension—but your attorney may help reduce penalties or challenge the stop.

Scenario 2: BAC Over 0.15

You’re stopped after drifting over the center line and blow a 0.16. Because of the higher BAC, you face mandatory IID installation. An attorney may review whether testing procedures followed required protocols.

Scenario 3: Refusal to Submit to Testing

You refuse a chemical test due to confusion or fear. Even without a BAC result, you face separate “refusal” penalties, including a longer revocation period—unless your attorney successfully challenges the refusal.

Issues Clients Often Face After a First OWI

Many people dealing with a first OWI share similar challenges:

• Missing the 10-day deadline to request an administrative hearing
• Confusion about occupational license requirements
• Uncertainty about IID installation rules
• Difficulties managing court dates and paperwork
• Fear of long-term consequences on career, insurance, and reputation
• Not knowing which mistakes can be challenged(e.g., improper stop, botched test administration, calibration errors)
  
  

How Levine Law LLC Helps

At Levine Law LLC, we understand the stress and uncertainty that come with a first OWI. Our experienced Milwaukee criminal defense attorneys take a compassionate but strategic approach to every case. We help clients by:

• Protecting their rights during administrative and court proceedings
• Identifying weaknesses in the traffic stop, field sobriety tests, or chemical tests
• Negotiating reduced penalties when appropriate
• Helping clients obtain occupational licenses quickly
• Ensuring all deadlines and paperwork are handled properly
• Providing clear, compassionate guidance throughout the process
  
  

Having a dedicated defense attorney can have a major impact on the outcome of your case and your peace of mind. Even a first OWI can create complications for years—but you don’t have to handle this alone.

Your Path Forward Starts Here

Ready to Get Back on Track? We’re Here to Help.

If you or someone you care about has been arrested for a first OWI in Wisconsin, the steps you take now matter. The experienced Milwaukee OWI lawyers at Levine Law LLC are ready to guide you through the process, protect your rights, and help you move forward with confidence.

Call us today at (414) 271‑9585 or visit rlevinelaw.com to schedule a consultation.

At Levine Law LLC, we’re proud to stand by individuals and families across southeastern Wisconsin—providing the experienced, compassionate legal support they deserve.