You Only Have 10 Days to Challenge Your License Suspension

Challenging your driver’s license suspension has real value. For one, it gives your attorney an early look at the evidence the state plans to use against you and helps identify weak points in their case. For example, your attorney can challenge whether the police even had the right to pull you over in the first place. If the stop was not legal, that can be grounds to throw out the case. They can also review whether the police followed their own rules during the OWI stop. When those rules are broken, evidence may be excluded and cases can sometimes be dismissed.

Another area to examine is how the breath or blood tests were handled. These tests have strict procedures that must be followed by trained professionals. If mistakes were made, if there were technical errors or glitches, or if proper steps were not followed, the results can be challenged and sometimes excluded altogether. Your attorney can also review whether you were properly informed of your rights and the consequences of refusing or failing a test. If you were not, that becomes another issue that can work in your favor.

The hearing is not just about fighting to keep your license. It is also about gathering valuable evidence early. This evidence can later be used in court to push for a full dismissal, reduction, or even an acquittal. The best part is that you often do not need to appear in person. Your attorney can usually attend for you. That means you can keep working and driving while your defense is being built. In short, there is nothing to lose and everything to gain by challenging a license suspension.

What the State Must Prove in Wisconsin OWI Cases

In Wisconsin, the state must prove two essential elements to convict someone of Operating While Intoxicated (OWI). First, the prosecutor must show that the individual was operating or in control of a motor vehicle. Operation is not limited to driving on the road; it can also include being in the driver’s seat with the keys in the ignition and the engine running. Second, the state must prove that, at the time of operation, the person was either impaired or had an unlawful level of alcohol or drugs in their system. This can be shown by evidence that the driver was unable to safely operate due to impairment, by proving that their blood alcohol concentration was above the legal limit (0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for repeat offenders), or by establishing that any detectable amount of a restricted controlled substance was present. If the prosecution cannot prove both operation and impairment or an unlawful substance level beyond a reasonable doubt, an OWI conviction cannot be sustained.

How Do I Beat an OWI in Wisconsin?

Many people think an OWI case is impossible to fight. They say, “I blew over the limit, I was caught on video, and I failed the field sobriety tests.” The truth is that every case has weak points, and when those weaknesses are exposed, they can shift the odds in your favor and lead to a win.

At Tracey Wood & Associates, we have seen this proven time and again. In one case, our defense exposed flaws in the prosecution’s evidence and secured a Not Guilty verdict from a jury. In another, multiple OWI charges were dismissed after procedural errors came to light. In yet another case, a felony OWI was thrown out after we successfully argued that the client had been unlawfully seized. In a first-offense matter, we demonstrated that intoxication tests were administered incorrectly, which not only protected the client’s license but also led to the charge being reduced to reckless driving instead of OWI. Thousands of clients have witnessed the difference that Tracey Wood & Associates delivers.

These real results show that even when the odds feel stacked against you, there are always defenses worth exploring. From challenging the legality of the traffic stop, to exposing failures in police procedure, to questioning the reliability of field sobriety, breath, or blood tests, there are hundreds of ways to beat an OWI and win. That is why our attorneys offer free case evaluations: to help you understand the weaknesses in the prosecution’s case and determine the best defense strategy for your situation.

Reducing an OWI in Wisconsin

In Wisconsin, an OWI charge may be reduced if there are problems with the stop, field sobriety tests, breath or blood test accuracy, or other procedural mishaps. Prosecutors may also agree to a reduction if the driver has no prior record, there was no accident or injury, or the BAC was only slightly above the limit. The most common reduced charge is reckless driving, which carries penalties but avoids the long-term consequences of an OWI conviction.

Alternatives to an OWI Charge

Depending on the circumstances of your case, your defense attorney may be able to work with the prosecutor to pursue an alternative to a full OWI conviction. These options are not offered in every situation, but in certain cases they may provide a path with fewer long-term consequences. Common alternatives include:

Deferred Prosecution Program (DPP)

The Deferred Prosecution Program is run through the Dane County District Attorney’s Office. If you are eligible, you can avoid a conviction by completing specific requirements such as alcohol or drug education, treatment, or community service. Once the program is successfully completed, your OWI charge may be dismissed or reduced.

Dane County OWI Treatment Court

The OWI Treatment Court is designed for repeat offenders and emphasizes recovery over punishment. Participants are closely supervised, attend regular court hearings, undergo substance testing, and complete treatment programs. Finishing the program successfully can reduce jail time and help support long-term sobriety.

Alternatives to Jail

In some cases, judges may allow alternatives to traditional jail time. These can include electronic monitoring (wearing an ankle bracelet that tracks your location) or house arrest, which limits you to your home except for approved activities like work or treatment. While not available to everyone, these options can be less disruptive than serving time behind bars.

Investing in an OWI Lawyer that Will Win Your Case

When you are facing an OWI, the difference between a skilled defense attorney with a proven track record and a cheap option can decide the course of your future. Public defenders and discount attorneys are often overloaded or quick to push plea deals, leaving clients with permanent criminal records that follow them for life. By contrast, an experienced OWI defense attorney knows how to find the weaknesses in the prosecution’s case and use them to achieve the outcome you desire.

This is not the time to gamble on inexperience. Investing in yourself now is an investment you will look back on with relief, knowing you protected your freedom, your record, and your future opportunities. You only get one chance to fight an OWI. You do not get a second bite at the apple. Make sure the attorney standing beside you is one who knows how to win.

Schedule a Free Legal Consultation

Many people don’t realize how serious the long-term consequences of an OWI arrest can be until it’s too late. A conviction can limit your career options, lead to a suspended license, require the installation of a breathalyzer in your car, cause higher car insurance premiums, and leave a permanent blemish on your record.

That’s why it’s so important to schedule a free legal consultation to explore your options for fighting an OWI charge. These evaluations usually last 30 minutes to an hour and can be done in person, over the phone, or online. You’ll have the chance to ask questions, the defense team will review the details of your case, and together you’ll begin building a strategy to work toward the best possible outcome.