First-Offense OWI in Milwaukee

Your OWI Defense Starts with a Personal Review

A first-offense OWI involves both a court case and a separate process that can affect your driving privileges. At The Law Offices of Jason D. Baltz, I personally handle your case from the first call through resolution, without handing it to an associate.

I have handled hundreds of criminal cases, and I develop each defense around the circumstances of the arrest. I review the evidence and applicable deadlines before recommending a path forward.

Call (414) 375-0797 to discuss your OWI arrest and any time-sensitive notices. I can identify the immediate deadlines and explain what requires attention next.

Potential Consequences of a First-Offense OWI

Wisconsin generally treats a standard first offense as a civil infraction rather than a criminal charge. A civil forfeiture is a financial penalty that doesn’t create a criminal conviction. Although drivers often call the allegation a first DUI, Wisconsin law uses the term operating while intoxicated.

Potential consequences of a standard first offense include:

• Forfeiture: Wisconsin law provides for a forfeiture of $150 to $300.
• Driver improvement surcharge: A court imposing an OWI-related fine or forfeiture must add a $535 surcharge.
• License revocation: The revocation period can range from six to nine months.
• Alcohol assessment: An Alcohol and Other Drug Abuse assessment is mandatory.
• Ignition interlock device: A device that requires a breath sample before a vehicle starts may be ordered when the reported blood alcohol concentration is 0.15% or higher.

An important exception applies when a passenger under age 16 was in the vehicle. The offense becomes a criminal misdemeanor carrying a fine of $350 to $1,100 and potential jail time of five days to six months. I review aggravating facts carefully because they can change the proceeding and the available defense options.

Where a Milwaukee First-Offense OWI Is Heard

Initial OWI matters in Milwaukee typically proceed through Milwaukee Municipal Court, which has legal authority to hear ordinance violations punishable by forfeiture. I regularly practice there and in Milwaukee County Circuit Court.

A person may request a six-person jury trial in circuit court within 20 days of the initial appearance. Second and subsequent OWI offenses are criminal matters heard in the same court. I explain the applicable venue, deadlines, and procedural choices based on the citation and court documents.

Administrative Suspension & Refusal Deadlines

The driver’s license process is separate from the underlying court case. An administrative suspension is a license action based on a reported chemical-test result, and it typically lasts six months. I handle this process alongside the defense of the OWI allegation.

The applicable deadline depends on the notice received:

• Notice handed to the driver: A Wisconsin Department of Transportation administrative review request must be postmarked within 10 business days after receipt.
• Notice sent by mail: That request is due within 13 business days from the date on the notice.
• Chemical-test refusal: A written hearing request must reach the court identified in the notice within 10 days. Without a request, revocation begins 30 days after the notice.
• Scope of administrative review: This limited proceeding addresses issues such as the driver’s identity and whether the required testing options were explained. It isn’t a full trial of the OWI case.

A refusal hearing and a Wisconsin Department of Transportation review aren’t interchangeable. Chemical-test refusal also carries a longer revocation period. I examine each notice separately so that one deadline isn’t mistaken for the other.

Driving with an Occupational License

An occupational license may be available during a suspension or revocation, depending on the circumstances. It provides restricted driving privileges rather than restoring unrestricted driving. Permitted uses and other limitations depend on the license action affecting the driver.

Waiting periods can apply, particularly after a second or subsequent offense. I assess the specific suspension or revocation before discussing whether an occupational license may be available and what restrictions could apply.

What Happens After You Contact Me

I begin by investigating the facts of the arrest. Because the court case and license process require separate attention, I identify the documents, deadlines, and decisions associated with each.

My case review focuses on:

• The traffic stop: I examine the circumstances leading to the stop and the information recorded by law enforcement.
• Field sobriety tests: I review how the tests were conducted and what observations were documented.
• Chemical testing: I evaluate the procedures surrounding the breath or blood test and any refusal allegation.

Once I have reviewed the available facts, I recommend a defense path tailored to your circumstances and keep your concerns central to the strategy.

Get Clear Guidance After a Milwaukee OWI Arrest

Prompt action can protect your options when a citation or license notice carries a short deadline. I offer free initial consultations and 24/7 availability.

You can contact me by phone or through the contact form. Have your citation, temporary license, and any refusal or other notices available so I can determine what applies.

Call (414) 375-0797 for a free consultation about your Milwaukee OWI case and the deadlines you may need to meet.