Madison DUI Attorneys

Everyone gets nervous when they see a police officer driving behind them. This nervousness can turn into absolute dread when the blue lights come on, and if the officer believes you’re impaired, things can quickly escalate.

If you’ve been arrested for drunk driving, your future literally hangs in the balance. In addition to high fines and the loss of your driver’s license, you could end up facing jail time and other severe penalties. Because of this, working with a drunk driving lawyer in Madison, Wisconsin is critical.

At Casper Mehlos Law Group, our criminal defense lawyers have seen the disastrous outcomes of a drunk driving conviction. Whether prosecutors refer to this crime as driving under the influence (DUI) or operating while intoxicated (OWI) as it’s known in Wisconsin, you need a law firm that has an extensive track record of securing favorable outcomes for their clients. That’s what you’ll get at the Casper Mehlos Law Group. And since we offer free consultations, you have nothing to lose.

What Is Considered Drunk Driving in Wisconsin?

Many DUI attorneys have been contacted by potential clients who claim their arrest is invalid because they passed a breathalyzer. Unfortunately, this doesn’t mean a person can’t face OWI/DUI charges. Yes, driving under the influence of alcohol does make up the bulk of drunk driving cases.

However, a person does not have to have a high blood alcohol concentration (BAC) to be arrested for impaired driving. Wisconsin law allows for OWI charges if a person is under the influence of any substance.

For instance, it’s not uncommon for a Wisconsin DUI attorney to handle cases where a police officer claims a driver was under the influence of prescription medication. DUI cases also often involve illegal drugs such as marijuana, cocaine, fentanyl, and any other controlled substance. It’s even the case that a person could be arrested for drunk driving after drinking less alcohol than required to reach the legally intoxicated threshold of 0.08% BAC.

Put simply, police can make a DUI arrest if they suspect impaired driving of any kind. Regardless of the underlying circumstances of your detainment, you should consider contacting a drunk driving defense lawyer in Madison, WI immediately.

These cases can be incredibly complex, and while the prosecutor may tell you that a conviction is unavoidable, our law firm has proven in many DUI cases that there’s no such thing as “open and shut” in the criminal justice system. Contact us today.

What Are the Penalties for Drunk Driving in Wisconsin?

Whether you were charged with OWI because of alleged failed field sobriety tests, breathalyzer analyses, or blood tests, the potential penalties are always the same. This doesn’t mean that everyone charged with drunk driving in Wisconsin will experience the same sentencing. After all, every case is different. However, the biggest differences in sentencing are typically related to the number of prior DUI offenses someone has been convicted of.

For instance, installation of an Ignition Interlock Device (IID) is not mandatory on a first offense. However, those convicted in multiple drunk driving cases will be required to pay for this device.

Unfortunately, many people believe this means that a one-time arrest isn’t a big deal, but any criminal defense firm can tell you that the repercussions are severe even for a first-time conviction. These are the potential penalties you’ll face for OWI charges and drunk driving offenses in Wisconsin:

DUI First Offense in Wisconsin

A first-time DUI conviction will typically result in monetary fines of up to $300, along with a potential surcharge of up to $435. The defendant can also have their driving privileges revoked for up to nine months. If the individual has a BAC of 0.15% or more, they could be required to use an Ignition Interlock Device or participate in a 24/7 sobriety program for a full year.

DUI Second Offense in Wisconsin

A person who is convicted of DUI charges for a second time could face up to six months in jail. Fines also increase to a maximum of $1,100, and potential surcharges still apply. A person’s driving privileges are revoked for 12 months at this point, and installation of an IID or participation in the 24/7 program is mandatory.

DUI Third Offense in Wisconsin

At this point, fines can increase to $2,000. An individual convicted of DUI/OWI for a third time also faces up to six months in jail, and this time, there’s a minimum length of incarceration. Any experienced DUI lawyer in Wisconsin can tell you these are life-altering penalties, so make sure you seek legal assistance if you have prior OWI convictions or drunk driving offenses.

DUI Fourth Offense in Wisconsin

Anyone convicted of a fourth OWI in Wisconsin will face much more than license revocation and potential incarceration in state jail. That’s because this will be a felony conviction. As a Class H felony, an individual convicted could face up to six years in prison. From this point on, any OWI case will be treated as a felony.

Subsequent Arrests and Aggravating Factors

Every subsequent DUI conviction results in heightened penalties. Once someone is arrested for a tenth time, they could face up to 15 years in prison for every conviction. It’s also important to note that aggravating factors can result in serious penalties even on earlier convictions.

For instance, causing an injury on a first offense OWI could result in a one-year jail sentence. No matter the drunk driving charges against you, though, you should always seek a drunk driving lawyer in Madison, Wisconsin.

Do You Need a Criminal Defense Attorney for a First Offense DUI?

Many individuals question whether they need to work with DUI lawyers for first-offense DUI charges. After all, most people will not see jail time. It’s also the case that the prosecutor might tell you that they’ll “go easy,” and as long as you avoid breaking the law in the future, there will be no lasting consequences.

However, any DUI defense law firm can tell you that this is typically far from the truth. Even a first-time conviction can have consequences that last a lifetime.

For instance, envision what losing your driver’s license for nine months would really look like. That’s a pretty long time to ask others for rides or pay for an Uber. It’s also the case that you could face enhanced drunk driving charges if you refused to take a field sobriety test or blood alcohol concentration tests. Additionally, a criminal record will follow you no matter where you go. Even years after your conviction, you may encounter difficulties in housing, education, and job searches.

The District Attorney, Assistant District Attorney, and police officers are not concerned about your future. After a person is placed under arrest for OWI in Wisconsin, the system’s goal is to convict them and hand down punishment.

And if you’re accused of operating a motor vehicle while impaired, these punishments can be severe even on a first offense. That’s why you should contact our drunk driving attorneys in Madison, WI today for a free consultation.

How to Choose the Right DUI Lawyers for Your Case?

When you’re looking for a DUI attorney in Madison, WI, it’s important to realize that not all law firms offer the same level of service. When you hire a Madison DUI attorney, you’re trusting your future into their hands. So, how can you find the best OWI lawyers?

First, it’s important to understand that “best” is a relative term, and different law firms may be better depending upon the drunk driving charges a person is facing. However, you should consider all the following when seeking a drunk driving lawyer in Wisconsin:

Experience: You want to work with an attorney who has years of experience in OWI/DUI cases. There are certainly great rookie OWI lawyers out there, but trusting your future in their hands is a gamble that’s often not worth taking
Local experience: You will find attorneys that handle cases throughout their entire state, and sometimes throughout the country. Instead, you should find a local law firm. These lawyers will have experience with local laws and relationships with professionals who can help
In-house professionals: Expert witnesses, private investigators, legal assistants, and other professionals cost money, particularly when a law firm has no connection to these individuals. At Casper Mehlos Law Group, we have existing relationships with paralegals, assistants, investigators, and expert witnesses
Results: You don’t want to work with a law firm just because they claim they can secure a favorable outcome. You want a legal professional with verifiable results. Check out our Results Page to see how we’ve helped our clients for more than a decade
Online reviews: Other OWI lawyers can claim their clients have had great experiences, but you should take time to search for reviews online. At Casper Mehlos Law Group, we’ve long had a 5-star rating on Google Reviews, because that’s the level of service we provide
Trial attorneys: Too many lawyers accept quick plea deals so they can move on to the next case. At Casper Mehlos Law Group, our trial attorneys are always ready to defend clients in open Wisconsin court if doing so is in their best interest

Remember, just because someone is an experienced DUI lawyer does not mean they’re right for your case. That’s why each of the aforementioned considerations should be at the top of your mind. At Casper Mehlos Law Group, we truly believe we excel in each of these areas.

With our experience, knowledge, professional relationships, and willingness to go to trial, you’ll have a dedicated legal advocate on your side that will stop at nothing to secure a favorable outcome.

Contact us today to discuss your case during a free consultation. We’ll help you understand your rights and how to move forward.

What Are the Best DUI Defense Strategies?

If you find yourself charged with drunk driving in Wisconsin, you may think that a conviction is imminent. This is a common belief when a person fails field sobriety tests or blood tests. However, any criminal defense attorney can tell you that such evidence does not guarantee a conviction.

That’s why working with DUI lawyers is typically the best defense strategy for anyone charged with impaired driving. These legal professionals can help you build individualized defense arguments.

Such legal defenses could include:

Improper traffic stop: Officers have to have reasonable suspicion to pull over a motor vehicle. If they don’t, then any evidence they collect (e.g., field sobriety tests, breathalyzer) could be thrown out
Field sobriety challenges: Unfortunately, field sobriety tests are extremely subjective. Additionally, mistakes by the officer performing them can result in untrustworthy results
Technical issues: Did you know a recent discovery, one that showed breathalyzer machines had malfunctioned, resulted in 27,000 DUI convictions being reexamined? Technical issues with these machines can cause unreliable results
Rising blood alcohol: Your Madison, WI drunk driving lawyer may be able to argue that your blood alcohol was not at an illegal level during your initial traffic stop, but that it rose to illegal levels during a delay of testing
Medical or dietary issues: Certain medical conditions and even foods can result in elevated BAC readings
Violation of rights: Illegal searches and seizures, Miranda rights violations, and other constitutional issues can result in evidence being suppressed
Sobriety testing environment: Poor road conditions, inclement weather, and other environmental issues could make it difficult for even a sober person to pass field sobriety tests
Alternative explanations: Police often depend on signs of intoxication to support their contention that a person is impaired. However, it may be argued that other causes (e.g., fatigue, stress, etc.) were the actual culprit

While each of these potential defense strategies could be successful in an OWI case, none of them are “one size fits all.” For instance, just because a police officer doesn’t read a person their Miranda rights doesn’t mean they violated the Constitution. These rights are only necessary prior to questioning a suspect. Put simply, it would be unwise to simply choose one of these defenses at random. You need a Madison, WI drunk driving attorney who can review your case and take an individualized approach.

That’s exactly what you’ll find at Casper Mehlos Law Group. Contact a criminal defense attorney today for your free consultation.

What Happens Immediately After an OWI Arrest in Madison, and What Should I Do?

The hours and days immediately following an OWI arrest are among the most consequential in your entire case. The decisions you make during this window, including what you say, what you document, and how quickly you act, can directly affect both your driving privileges and the outcome of any criminal or civil forfeiture proceedings.

Here is a practical overview of what typically happens and what steps you should take:

At the Police Station

After the arrest, officers will transport you to a police station for chemical testing, usually a breath or blood test to measure your BAC. You will also be fingerprinted and photographed. If you refuse chemical testing at this stage, Wisconsin’s implied consent law can trigger an automatic license revocation that is separate from, and in addition to, any OWI charge itself.

Processing and Release

For a first-offense OWI in Wisconsin, you will generally be processed and released. Second and third offenses (within 10 years of the first) are typically treated as misdemeanors, which means a bond schedule may apply. For a fourth offense or higher, which is charged as a felony, retaining experienced legal counsel before any bond hearing is particularly important.

The Notice of Intent to Suspend

If your chemical test results show a BAC at or above the legal limit, law enforcement will issue a Notice of Intent to Suspend your operating privileges. This notice starts a 30-day temporary driving period, but that window does not mean the matter is resolved. It simply delays when the suspension takes effect. You have only 10 days from receipt of the notice to request an administrative review hearing with the Wisconsin DMV. Missing that deadline results in an automatic six-month suspension, regardless of what happens in court.

Steps to Take Right Away

Do not make statements: Limit your communication with law enforcement or prosecutors to basic identifying information. Attempting to explain or justify what happened can only create additional evidence against you.
Document everything you remember: As soon as possible after your release, write down every detail you recall about the traffic stop, any field sobriety tests administered, and all communications with the officer. Small details can become significant legal defenses later.
Preserve any evidence: If anyone was present before, during, or after the stop, collect their contact information. Witness accounts can be valuable to your defense.
Save all paperwork: Keep every document you received at the time of arrest, including any citation, bond paperwork, or notice of suspension.
Contact an OWI attorney immediately: The 10-day deadline to request an administrative hearing runs concurrently with the early stages of your criminal case. An attorney at Casper Mehlos Law Group can request that hearing on your behalf, begin reviewing the evidence, and advise you on every next step before critical deadlines pass.

The period right after an OWI arrest is not the time to wait and see how things develop. Contact our Madison drunk driving lawyers as soon as possible to protect your rights and your ability to drive.

Administrative DMV Suspensions Versus Criminal Court Requirements

One of the most important and frequently misunderstood aspects of an OWI case in Wisconsin is that an arrest sets two separate legal processes in motion at the same time. Understanding the difference between these two tracks, and how they interact, is critical from the very first day.

The Administrative Track (Wisconsin DMV)

The administrative suspension is a driver’s license suspension imposed by the Wisconsin Department of Transportation (WisDOT), not by a court. It is triggered by chemical test results showing a prohibited alcohol concentration, or by a refusal to submit to chemical testing, and it can take effect before your OWI case is ever resolved in court. No conviction is required for this suspension to apply.

Under Wisconsin law, if you do not request an administrative review hearing within 10 days of receiving the Notice of Intent to Suspend, a six-month administrative suspension automatically begins 30 days from the notice date. This suspension applies even if the OWI charge against you is later reduced or dismissed entirely. The administrative hearing itself does not determine guilt or innocence. It focuses solely on whether the statutory requirements for suspension were met, such as whether the stop was lawful and whether testing was properly administered.

If you refused chemical testing rather than providing a sample, the process differs. A refusal triggers a separate implied consent proceeding that can result in revocation rather than suspension, and the penalties and hearing rights involved are distinct from those in a standard administrative suspension.

The Criminal (or Civil Forfeiture) Court Track

Separately from the DMV process, your OWI charge proceeds through the Wisconsin court system. It is worth noting that a first-offense OWI in Wisconsin is generally treated as a civil forfeiture matter rather than a criminal offense, meaning it does not result in a criminal conviction on its own. Second and third offenses (within 10 years) are typically classified as misdemeanors, while a fourth offense becomes a Class H felony.

The court process begins with an initial appearance, where release conditions may be set, followed by pre-trial proceedings and, if necessary, trial. A conviction in court carries its own separate license revocation, which is imposed by the judge and is typically longer than the administrative suspension. Court-ordered revocation also comes with additional reinstatement requirements, which may include completion of a Driver Safety Plan (DSP), SR-22 insurance filing for three years when required, and, in many cases, installation of an Ignition Interlock Device.

How the Two Tracks Interact

Because these two processes run on different timelines and are governed by different agencies, it is entirely possible to lose your driving privileges through the administrative process even if you ultimately prevail in court. Conversely, winning the administrative hearing does not resolve the criminal or civil forfeiture case. An attorney who handles both tracks simultaneously can use each proceeding strategically. For example, cross-examining the arresting officer at an administrative hearing may produce testimony and evidence that benefits your defense in the court case as well.

At Casper Mehlos Law Group, our Madison OWI attorneys are experienced in navigating both the DMV administrative process and the criminal court system. We act quickly to meet critical deadlines, challenge suspensions where the facts support it, and build the strongest possible defense across both proceedings.

Contact Our Drunk Driving Lawyers in Madison, Wisconsin Today

Whether you’re accused of driving under the influence of alcohol or a controlled substance, the consequences could not be more serious. Even if no one was hurt as a result of an alleged crime, the system still frequently comes down hard on those accused of drunk driving.

This is also true for anyone who refuses field sobriety tests or a chemical test, and a refusal doesn’t guarantee that the state won’t be able to secure a conviction. The deck is stacked against you, but there is hope.

At Casper Mehlos Law Group, we’ve seen what can happen when people opt for public defenders or inexperienced counsel. Sadly, there are other Madison DUI lawyers who will rush to take a plea deal, failing to even consider what’s in their client’s best interests.

These attorneys are more focused on getting cases off their desks quickly rather than doing right by their clients. At our law firm, we take a committed approach and strive to achieve the best possible outcome in every case.

Our drunk driving lawyers in Madison, Wisconsin are here to help. Contact us at (608) 820-8926 today to schedule your free initial consultation.