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A first offense OWI in Wisconsin is a civil violation, not a crime — no jail, no criminal record. That is the part most people hear first, and it is true. What almost nobody tells you at the roadside is that the deadlines that decide your driver’s license start running within days of the arrest, and that this “civil ticket” follows you for the rest of your life if you simply pay it.

Our office has defended OWI charges…
Continue Reading First Offense OWI in Wisconsin: Penalties, Your License, and What Happens Next

The court date printed on a Wisconsin OWI citation is rarely immediate — and for a first offense, that first appearance is short, procedural, and, if you understand what it is for, nothing to fear. But two things about it surprise almost everyone: the most important deadlines in your case expire before that date, and what you say at the appearance can lock in or give away your right to a jury.

Here is what actually happens at a…
Continue Reading What Happens at Your First Court Appearance for a Wisconsin OWI

Most first-time OWI defendants in Wisconsin assume there is nothing to defend — the machine said 0.08, so pay the ticket. After three decades practicing in Dane County’s courts — on both sides of OWI cases — I can tell you that assumption gives away real defenses in a surprising number of cases. The state’s evidence is built by human beings following detailed rules at every step — the stop, the roadside tests, the arrest, the chemical test —…
Continue Reading Defense Options for a First Offense OWI in Wisconsin

Operating with a PAC in Wisconsin means driving with a Prohibited Alcohol Concentration — the per-se, number-based charge under Wis. Stat. § 346.63(1)(b) (0.08 for most drivers, 0.02 for a 4th-or-subsequent offense or while under an interlock order). It is a separate legal theory from OWI, § 346.63(1)(a), which is about impairment. Prosecutors file both from one stop, but § 346.63(1)(c) lets you be convicted of only one. Mays Law Office defends OWI and PAC cases across Madison, Middleton,…
Continue Reading OWI vs. PAC in Wisconsin: Why You’re Charged With Both — and Why You Can Only Be Convicted of One

Wisconsin is among the minority of states where sobriety checkpoints are illegal. Section 349.02(2)(a) of the Wisconsin Statutes requires individualized reasonable suspicion before the police can stop a vehicle, and evidence from an unlawful stop can be suppressed. Mays Law (Madison/Middleton) builds custom-tailored OWI defenses based on a comprehensive case analysis that starts with scrutinizing the stop itself.

The U.S. Supreme Court has held that sobriety checkpoints are constitutional, and most states use checkpoints to catch drunk drivers on…
Continue Reading Why Wisconsin Bans Sobriety Checkpoints — and What That Means for Your OWI Defense

Owners of bars or restaurants in Milwaukee and other nearby cities in Wisconsin must follow various regulations, including specific laws related to selling and serving alcohol. The Wisconsin Department of Safety and Professional Services (DSPS) oversees the issuance and regulation of liquor licenses. Losing a liquor license can be devastating for any establishment, and it is crucial to understand the potential reasons for disciplinary action. An attorney with experience in business and restaurant licensing can help defend against the…
Continue Reading When Could a Bar or Restaurant Lose its Liquor License?

close - up, the man's hand holding a bottle of beer in the car, drinking alcoholic beverages

Posted on February 08, 2024 in Medical License Defense
Drinking and driving is a serious offense, and it can have severe legal consequences. In Wisconsin, operating a vehicle while intoxicated (OWI) is heavily penalized, and drivers can face fines, the loss of their driving privileges, and jail time in some cases. While most people understand that driving while intoxicated by drugs or alcohol is illegal, they may be unsure about whether they can transport alcohol in their vehicles. Specifically,…
Continue Reading Can an Open Container of Alcohol in a Car Lead to OWI Charges?

The holiday season is a time for celebration and spending quality time with loved ones. However, it is also a time when alcohol consumption tends to increase at parties and gatherings and in other situations. With this increase in drinking, more people may attempt to drive when they are intoxicated. Because of this, the number of arrests for OWI (operating while intoxicated) tends to increase during the holidays. If you have been arrested for drunk driving, an experienced attorney…
Continue Reading Do OWI Arrests Increase During the Holidays in Wisconsin?

State v. Kelly A. Monson, 2022AP1438-CR, District 2, 1/18/23 (one-judge decision; ineligible for publication); case activity (including briefs)

There was reasonable suspicion to detain Monson and have her perform field sobriety tests.

Officer Kramer saw Monson’s car stopped in traffic a full vehicle length back from a stop sign, something “out of the ordinary” that “would indicate to a reasonable police officer that something was amiss.” (¶¶2, 15). Monson was “messing around with something in…
Continue Reading Officer Had Reasonable Suspicion to Detain Driver to Perform Field Sobriety Tests

State v. Mark J. Gahart, 2021AP1841-CR, District 2, 11/2/22 (recommended for publication); case activity (including briefs)

The court of appeals holds that driving while intoxicated with a minor passenger is not a victimless crime: the minor passenger is a victim for purposes of the restitution statute.

Gahart was convicted of OWI while his minor daughter was in the car. The daughter’s mother sought restitution for expenses and fees incurred in a family court proceeding with Gahart that she…
Continue Reading Minor Passenger in Car Operated by Intoxicated Driver is a “victim” for Purposes of Restitution Statute

State v. Marty S. Madeiros, 2021AP405-CR, District 4, 10/27/22 (not recommended for publication); case activity (including briefs)

Evidence of Madeiros’s prior hit-and-run conviction was admitted at his trial on OWI 5th, over his objection. This other-acts evidence was inadmissible because it wasn’t probative of any non-propensity purpose and the error in admitting the evidence wasn’t harmless, so Madeiros is entitled to a new trial.

Early one cold morning in December 2017 police found Madeiros’s car in the ditch…
Continue Reading New OWI Trial Ordered because of Erroneous Admission of Evidence

City of West Bend v. Peter F. Parsons, 2022AP98, 8/17/22, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

This is an appeal of convictions for violating local ordinances in conformity with the state laws outlawing OWI. The court of appeals affirms.

An officer stopped Parsons’s vehicle after midnight during a snowstorm, thinking his plates were expired. The officer quickly learned he was wrong about the plates, but engaged Parsons in conversation and checked his driver’s…
Continue Reading Appeals Court Upholds Extension of Traffic Stop in OWI Case

State v. Scott William Forrett, 19AP1850, 2022 WI 37, 6/3/2022, affirming a published court of appeals decision; case activity (including briefs)

In 1996, the state revoked Scott Forrett’s driver’s license under Wis. Stat. § 303.305(10) because he refused a blood test for alcohol. Under the state’s statutory scheme of progressive punishment for OWIs, that revocation counts the same as a prior conviction for drunk driving would. The state supreme court now holds this statutory scheme unconstitutional, saying…
Continue Reading SCOW Holds Previous Blood-draw Refusals Can’t be OWI ‘Priors’

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State v. Teresa L. Clark, 2022 WI 21, 4/20/22, reversing the circuit court on bypass, case activity (including briefs)

A defendant may collaterally attack a prior OWI conviction if she was not represented by counsel and did not knowingly, intelligently, and voluntarily waive the right to counsel during that proceeding. Once she points to evidence of this claim, the burden shifts to State to prove a valid waiver. In a split opinion, SCOW now holds that if the…
Continue Reading SCOW Makes it Tougher to Attack Prior OWIs

State v. Jennifer A. Jenkins, 2020AP1243-CR, 3/1/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs)

Jenkins, convicted of OWI 2nd, raised some interesting and unusual challenges to the trial court’s order denying her motion to suppress.  (1) The arresting officer’s testimony was incredible as a matter of law. (2) He unlawfully stopped her car outside of his jurisdiction. And (3) her blood draw was painful, inordinately long, and therefore unreasonable. The court of appeals rejected…
Continue Reading Court of Appeals Rejects Challenges to Denial of Suppression in OWI Case

It is often – but not always – fairly obvious when someone is drunk. The telltale lack of coordination, slurred speech, and of course, the smell can quickly tip off the police that they are dealing with a drunk driver. From there, measuring how drunk the arrestee is fairly straightforward and can be done using a blood test or breathalyzer. When the substance involved is something other than alcohol, determining whether a driver is under the influence can be…
Continue Reading How is DUI Testing Done for Substances Other Than Alcohol?