Milwaukee OWI Defense Attorney

Case-Specific OWI Defense Across Milwaukee & Surrounding Counties

An OWI charge moves fast. The moment an officer hands you that paperwork, a 10-day clock starts running, and every decision you make next carries real consequences. I’m Jason D. Baltz, a criminal defense attorney based in Milwaukee, and I handle OWI cases personally from the first call through resolution. No associates, no hand-offs.

What that means in practice: I investigate the specific facts of your arrest. The traffic stop, the field sobriety tests, the breath or blood test procedures. Before I recommend any path forward, I know your case. I’ve handled hundreds of criminal cases across Milwaukee and the surrounding counties of Waukesha, Racine, Kenosha, Walworth, Jefferson, Dane, and Ozaukee, and I know how much is on the line even for a first offense.

Contact me at (414) 375-0797 to discuss your case before that 10-day deadline passes.

What Constitutes OWI Under Wisconsin Law

OWI in Wisconsin means operating a motor vehicle while under the influence of alcohol, drugs, or a restricted controlled substance, as defined under Wisconsin Statute 346.63. For most drivers 21 and older, the legal limit is a blood alcohol concentration (BAC) of 0.08%. Commercial vehicle operators face a lower threshold of 0.04%. Drivers with three or more prior OWI convictions are prohibited from operating at 0.02% or higher.

Under Wisconsin’s Zero Tolerance law, drivers under 21 may not operate a vehicle with any detectable amount of alcohol. A driver can also be charged with OWI below the 0.08% BAC threshold if an officer determines their ability to drive is impaired. These laws extend beyond alcohol to illegal drugs, prescription medications, and over-the-counter substances that affect driving ability.

Wisconsin OWI Penalties by Offense Level

The consequences of an OWI conviction in Wisconsin depend heavily on how many prior offenses appear on your record. Here’s what each level carries:

First Offense

A first OWI in Wisconsin is a civil infraction, not a criminal charge. Penalties include fines of $150 to $300 plus a $435 OWI surcharge, license revocation of 6 to 9 months, and a mandatory AODA (Alcohol and Other Drug Abuse) assessment. If your BAC was 0.15% or higher, installation of an ignition interlock device (IID) may be required. That civil classification changes if a passenger under 16 was in the vehicle: that triggers a criminal charge, 5 days to 6 months in jail, and doubled penalties.

Second Offense

A second OWI is a criminal misdemeanor. You face 5 days to 6 months in jail, fines of $350 to $1,100 plus surcharges, license revocation of 12 to 18 months, and mandatory IID installation. An occupational license may be available, but not until 45 days after the revocation begins.

Third Offense & Beyond

A third OWI carries 45 days to 1 year in jail, fines of $600 to $2,000 (higher with an elevated BAC), and a 2 to 3 year license revocation with mandatory IID. A fourth offense and above is a felony in Wisconsin, with fines reaching $10,000 and potential prison time. An OWI conviction stays on your Wisconsin driving record permanently. Fewer than 10 have ever been expunged statewide.

Beyond the courtroom, a conviction can prevent you from traveling to Canada, substantially increase your insurance rates, and cost commercial drivers their CDL and livelihood. Wisconsin’s implied consent law means that by accepting a driver’s license, you’ve already consented to chemical testing. Refusing a test carries its own license revocation, separate from any OWI penalty.

The 10-Day Administrative Hearing Deadline

After an OWI arrest, the arresting officer issues an Administrative Notice of Intent to Suspend from the Wisconsin Department of Transportation. You have 10 days from the date of arrest to file a response contesting that suspension. Miss the deadline, and the suspension becomes automatic.

This administrative process runs separately from your criminal case and requires separate attention. A first-offense administrative suspension can last up to 9 months. Refusing the chemical test carries a distinct, longer revocation period. An occupational license may be available during suspension, but waiting periods apply, particularly after a second or subsequent offense. I handle the administrative hearing process alongside your criminal defense so nothing falls through while you’re focused on the bigger picture.

How I Build an OWI Defense in Milwaukee

There is no standard OWI defense. Before I recommend any strategy, I review the full record of your arrest and identify every point where the evidence or procedure can be challenged. Depending on the facts of your case, that investigation may look at:

• Traffic stop validity: Whether the officer had reasonable suspicion to stop your vehicle. OWI checkpoints are prohibited in Wisconsin, so every stop must clear a legal threshold.
• Field sobriety test administration: Whether the walk-and-turn, one-leg stand, or horizontal gaze nystagmus tests were administered according to established protocol.
• Breath and blood test accuracy: Whether the breathalyzer was properly calibrated and whether the blood draw followed required procedures.
• Officer observations: Whether signs of impairment could be explained by a medical condition, fatigue, or environmental factors.
• Prior conviction validity: Whether a prior OWI used to elevate the current charge was legally sound.
• Procedural and constitutional errors: Whether any rights were violated during the stop, arrest, or testing process.

I also gather evidence and interview key witnesses where relevant. The goal is to understand exactly what happened before deciding how to respond.

Why Milwaukee OWI Clients Work with Me

I don’t route cases through a team of associates. When you hire me, you work directly with me. That matters in OWI defense because the details of your arrest determine your options, and those details require someone who knows your file, not someone reviewing notes before a hearing.

My approach is built around the individual facts of each arrest. The prohibited alcohol concentration reading, the field sobriety test conditions, the circumstances of the stop. None of it is interchangeable. I investigate each case as its own problem and build a defense from what I find. Throughout the process, I communicate directly with my clients and keep their concerns at the center of every decision.

OWI Defense Serving Milwaukee & Surrounding Counties

I represent clients charged with OWI in Milwaukee County and the surrounding counties of Waukesha, Racine, Kenosha, Walworth, Jefferson, Dane, and Ozaukee. First-offense cases in Milwaukee typically proceed through Milwaukee Municipal Court. Second and subsequent offenses, which carry criminal charges, are heard in Milwaukee County Circuit Court. I practice regularly in both and know the local procedures that can affect how your case moves.

Charged with OWI? Let’s Talk Before Your Deadline

The 10-day window to contest your administrative license suspension isn’t a formality. It’s the first decision point in your case, and missing it forecloses options that can’t be recovered. Reaching out early gives me the time to investigate properly and build your defense before anything is decided for you.

Contact The Law Offices of Jason D. Baltz at (414) 375-0797 to discuss your case.