Madison, Wisconsin, with its vibrant downtown area, the thriving university community, various lakes, and numerous entertainment venues, has alcohol-related offenses that are ever-present. In Madison, if you’re accused of OWI, you could soon be facing drunk driving charges. If you’ve been arrested for OWI in Madison or the surrounding counties, having a skilled and experienced OWI attorney by your side is crucial.
Our law firm is filled with dedicated drunk driving lawyers serving Madison, Wisconsin, and the counties of Dane, Rock, Columbia, Jefferson, Sauk, Iowa, Green, and Dodge. With a thorough understanding of the local legal system, our criminal defense lawyers provide the aggressive legal representation needed to manage these complex drunk driving cases.
If you are facing DUI charges, don’t wait to seek legal help. Contact Jasti, Zehawi & Johnson, LLC today for a confidential consultation. Our legal team is ready to listen to your story, explain your options, and fight for the best possible outcome in your case. Take the first step towards protecting your future. Let one of our Madison DUI attorneys stand by your side during this challenging time.
In Wisconsin, a driver can be charged with OWI if they operate a motor vehicle while:
Under Wisconsin’s Implied Consent Law, all drivers are deemed to have given consent to chemical testing of their blood, breath, or urine to determine intoxication. Refusal to submit to a chemical test when requested by a law enforcement officer can result in license revocation and other penalties, regardless of whether the person is ultimately convicted of OWI.
The consequences of a drunk driving conviction in Madison, Wisconsin, can be severe and long-lasting. Penalties vary depending on the number of prior offenses, the driver’s BAC level, and other aggravating factors.
Second and subsequent OWI offenses are treated as criminal charges in Wisconsin and carry increasingly severe penalties:
Certain aggravating factors can lead to increased penalties for OWI convictions:
Due to the seriousness of these penalties and the potential long-term impact on your life, it is essential to work with a knowledgeable DWI defense lawyer who can help you and mount a strong DUI defense strategy against the charges you face.
Most OWI arrests begin with a traffic stop. Law enforcement officers must have reasonable suspicion to stop your vehicle. Reasonable suspicion requires that the police officer be able to point to specific articulable facts which, taken together with rational inferences, reasonably warrant the intrusion of the stop. Some examples may include expired license plate tags, a traffic violation, or erratic driving behavior. During the stop, the officer will look for signs of intoxication, such as slurred speech, bloodshot eyes, or the odor of alcohol.
If the officer suspects that you are drunk driving, they may request that you perform field sobriety tests (FSTs). These tests are designed to assess your balance, coordination, and ability to follow instructions. Unfortunately, many of these tests are designed to result in failure regardless of intoxication levels. It is important to note that you can refuse FSTs in Wisconsin. However, your refusal can be used to form probable cause to arrest and can be used against you in court.
Your Wisconsin DUI attorney will then scrutinize all evidence presented by the prosecution, including police reports, witness statements, medical records, and any physical evidence. They might also conduct an independent investigation, interviewing witnesses and seeking out additional evidence that could exonerate you or cast doubt on the prosecution’s case.
Exercising these rights and seeking the guidance of experienced Madison DUI lawyers can help protect your interests.
Facing an OWI charge in Wisconsin brings up a lot of questions. The legal process moves quickly, and even a first-time offense can carry lasting consequences. Below are answers to some of the most common questions our attorneys hear from clients after OWI arrests in Madison or nearby areas.
Yes. A failed breath test does not automatically lead to a conviction. Police must follow strict rules when administering and processing breath tests. If they skip steps, mishandle equipment, or contaminate evidence, a lawyer can challenge how the evidence was collected, and the results may not hold up in court. Defense attorneys can also push back against the basis for the traffic stop, the officer’s training, the machine’s calibration, and more. These challenges can lead to dropped or reduced charges, even after a failed breath test.
An OWI conviction can have serious implications for your ability to keep or use a commercial driver’s license (CDL) or another professional license in Wisconsin. A first-time OWI offense leads to a one-year CDL disqualification, even if it happened while you were driving your personal vehicle. If it occurred while you were driving a commercial vehicle, the penalties will be harsher. A second OWI conviction can result in a lifetime CDL ban. Professional licensing boards, including those for nurses, teachers, and real estate agents, may also take action after an OWI conviction. They may deny renewals, issue suspensions, or require extra reporting. If you hold any license tied to your job, you should contact an OWI defense law firm right away to discuss your options for limiting the damage.
Most OWI cases in Wisconsin take several months to resolve. First-offense cases without injury or refusal issues might take around three to six months. If the case involves repeat offenses, crash injuries, high BAC, minors in the vehicle, or chemical test refusal, things usually take longer. Courts move more slowly in some counties due to crowded schedules. Delays also happen if your attorney must file motions to suppress evidence or challenge parts of the arrest. It could also take longer if your case goes to trial. The timeline of your case will depend on the facts, the charges, and the local court system. A lawyer can work to keep things on track and prevent avoidable delays.
Yes. After an OWI conviction or administrative suspension, you may qualify for an occupational license. This type of license allows limited driving for work, school, childcare, and basic household needs. You can usually apply for one right away after a first-offense OWI, unless you refused chemical testing. In that case, you may need to complete a 30-day waiting period first. For repeat offenses, longer waiting periods apply. You’ll also need to show proof of insurance and install an ignition interlock device (IID) if required. Occupational licenses come with strict rules. Driving outside of permitted hours or routes could lead to serious penalties. A Madison OWI attorney can help you apply for an occupational license and explain what you can and can’t do once you get it.
Yes. Even a first-time OWI offense can carry serious consequences, including fines, license suspension, a permanent record, mandatory IID installation, and, in some cases, jail time. When this much is on the line, the right lawyer is critical. OWI cases turn on the details, and the state must follow strict legal steps to bring a solid case. If they fail to do so, the case against you could fall apart. A lawyer can review traffic stop records, test results, and paperwork to poke holes in the state’s case. The right evidence and a solid defense strategy can reduce long-term damage to your record and protect your future.
At Jasti, Zehawi & Johnson, LLC, we understand the stress and uncertainty of facing a drunk driving charge in Madison, Wisconsin, or the surrounding counties. Our dedicated DUI lawyer team serving the Madison area, are committed to providing personalized attention and aggressive representation to each client. Contact Jasti, Zehawi & Johnson, LLC today for a confidential consultation. Our law firm is ready to listen to your story, explain your options, and fight to protect your rights and future.
