OWI/DUI defense · Racine · Kenosha · Walworth
Arrested for OWI or DUI in southeast Wisconsin? Here's what to do.
Start with the clock. If you refused the test, you have 10 days from the Notice of Intent to Revoke to demand a hearing, or the revocation simply goes through. Your offense tier decides the rest: what you are facing, which deadlines apply, and which defenses are actually on the table. Cafferty, Scheidegger & Johnson has defended southeast Wisconsin drivers since 1994, from first-offense civil tickets to Class H felony fourth offenses.
Best Law Office
Racine 2025
Client Rating
653+ Google reviews
Years Defending
Southeast Wisconsin
Counties Covered
Racine · Kenosha · Walworth
Fight your Wisconsin OWI charge by offense level
A 1st, 2nd, 3rd, or felony OWI is not just a penalty chart. Each charge creates different deadlines, proof problems, license risks, and opportunities to suppress evidence, challenge priors, reduce the charge, or protect your driving privileges. Choose the charge you're facing to see what can still be fought in Racine, Kenosha, and Walworth County.
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1st-offense OWI
Wisconsin is the only state where 1st-offense OWI is a civil forfeiture, but the collateral consequences are criminal-grade.
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2nd-offense OWI
First criminal-level OWI. Mandatory jail, ignition interlock, and 12-18 months license revocation.
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3rd-offense OWI
Misdemeanor with a mandatory minimum of 45 days jail and 2-3 years license revocation.
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4th-offense OWI (felony)
Class H felony on the count alone since 2015 Act 371 took effect January 1, 2017. Up to 6 years prison, permanent criminal record.
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5th-offense OWI and beyond
5th/6th OWI is a Class G felony (up to 10 years prison). 7th-9th is Class F (up to 12.5 years). 10th and subsequent is Class E (up to 15 years).
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CDL OWI
CDL holders face disqualification even when driving a personal vehicle. Career-ending if unaddressed.
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OWI with a minor
Automatic elevation of the penalty tier when a passenger is under 16. Often pairs with CPS referrals.
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Underage absolute-sobriety
Under-21 drivers face OWI consequences at any detectable alcohol level, not .08.
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PAC § 346.63(1)(b)
Per-se BAC charge under § 346.63(1)(b), routinely charged alongside § 346.63(1)(a) OWI as alternative theories. Same penalty tiers; single conviction enters under § 346.63(1)(c). Defense centers on the chemical test.
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OWI causing injury § 940.25
Class F felony when OWI causes great bodily harm. Up to 12 years 6 months prison + $25,000 fine. § 940.25(2)(a) 'would have happened anyway' affirmative defense.
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Homicide by intoxicated use § 940.09
Class D felony (max 25 years) under § 940.09(1c)(a), with a bifurcated sentence whose confinement portion must be at least 5 years unless the court finds a compelling reason on the record. Class C (max 40 years) under § 940.09(1c)(b) with one or more priors counted under § 343.307(2). Permanent revocation under § 343.31(1m)(b) once the counted total reaches 4 or more.
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Wisconsin OWI procedure: testing, refusals, and IID
Most OWI cases turn on what happens at the roadside, at the station, and on the license-restriction track that follows. These three areas cut across every offense tier and changed materially under 2026 Wisconsin legislation.
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Refusal hearing
You have 10 days from service of the Notice of Intent to Revoke to request a hearing, and § 343.305(9)(a)4 sends that written request to the court named on the notice, not to the DOT. Miss it and the refusal sticks.
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Do I need a lawyer for a first OWI?
Practical decision guide for first-offense OWI, refusal deadlines, IID risk, occupational licenses, CDL consequences, and when a free review is enough.
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Roadside saliva test
2025 Wisconsin Act 99, effective March 2026, lets officers swab drivers roadside for THC, opioids, and stimulants. The result is screening only, not proof of guilt.
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IID Act 210
Act 210 (enacted April 8 2026, published April 9 2026) deletes the 45-day OWI wait outright and replaces the 30-day refusal wait with an IID-installation trigger, adds 180-day extensions for six IID compliance events, and moves § 347.413 to § 343.302 with a new $350-$1,100 penalty and a 5-day minimum. Not yet in force: effective the first day of the 12th month after a date specified in an LRB notice in the Wisconsin Administrative Register, and no such notice had published as of August 10 2026.
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Administrative suspension
6-month DOT suspension after a .08+ test, separate from the criminal OWI. 10-day review window under § 343.305(8)(b)1, filed with the department (13 days if mailed). Not itself a counted prior: § 343.307(1) does not list § 343.305(7) suspensions.
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Occupational license
Limited driving privilege during OWI revocation: 1st-offense immediate, 2nd+ requires 45-day wait, refusal requires 30 days. 12 hours/day, 60 hours/week. Act 210 will eliminate the waits when it takes effect.
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Illinois DUI prior
Illinois DUI convictions cross-count under § 343.307(1). 10-year period at 2nd-offense; no time limit at 3rd+. Court supervision DOES count (State v. List, 2004 WI App 230); a reduction with no alcohol or drug element does not (State v. Jackson, 2014 WI App 50).
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Out-of-state driver OWI
Two licenses at risk: Wisconsin operating privilege and the home-state license (Wisconsin reports OWI convictions to the federal National Driver Register, which the home-state DMV queries). Coordinated two-state defense for IL, IA, MN, IN, MI residents.
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Where you were charged matters
Each county prosecutor’s office runs OWI cases differently. The plea-negotiation posture in Racine is not the one you’ll see in Walworth. We appear regularly in all three.
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Racine County
Home county. Courthouse at 730 Wisconsin Ave. Our office is six blocks away.
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Kenosha County
Kenosha County Courthouse, 912 56th Street. We appear regularly in Branch I-VIII.
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Walworth County
Elkhorn courthouse at 1800 County Road NN. Frequent OWI calendar.
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Your defense team
Every case is worked directly by a named attorney from first call through final disposition. You will never be handed off to a paralegal or rotated through associates. Your attorney knows your case because they built it.
Patrick K. Cafferty
Founding Partner
Marquette Law graduate defending OWI and criminal cases across southeast Wisconsin for over 32 years. Named a Wisconsin Super Lawyer® 18 consecutive years and rated AV Preeminent® by Martindale-Hubbell.
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Jillian J. Scheidegger
Partner
At the firm since 2013 and now a partner, handling criminal defense and OWI matters for adults and juveniles. Marquette Law graduate, Wisconsin Super Lawyer®, and President-Elect of the Racine County Bar Association.
Member, National College for DUI Defense
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Carl Johnson
Partner
Marquette Law 2006, UW-Madison undergrad. Extensive trial experience including first-degree homicide and sexual assault defense. Racine native practicing in Racine, Kenosha, and Walworth counties.
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Juan S. Ramirez
Attorney
Michigan State Law graduate and former Racine County Public Defender. Bilingual English/Spanish. Won the WACDL Hanson Memorial Advocate Prize for a homicide acquittal. Advises on how criminal charges affect immigration status.
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Boutique by design
Big firms rotate OWI cases through associates. We don’t. Every case is worked by a named attorney from arraignment through disposition, with direct attorney access and no paralegal gatekeeper.
For non-OWI matters (drug charges, domestic violence, violent crime, federal charges, municipal tickets) visit our full-service site at racinelaw.com, or go straight to the main OWI practice page for case results and attorney bios.
