Racine County · OWI defense
OWI/DUI defense in Burlington, Wisconsin
Burlington sits at the western edge of Racine County where highways 36, 11, and 83 converge, straddling the Racine-Walworth county line. Burlington Police Department arrests are prosecuted in Racine County, but stops just south of the city by the Walworth County Sheriff land in Elkhorn instead. We audit the citing agency at the outset to make sure the right county's procedures are in play.
Prefer to talk now? Call or text (262) 632-5000
Start your free OWI case review
Confidential, no obligation. We typically reply within 2 hours during business hours.
Best Law Office
Racine 2025
Client Rating
653+ Google reviews
Years Defending
Southeast Wisconsin
Counties Covered
Racine · Kenosha · Walworth
How OWI cases work in Burlington
Burlington is one of the few Wisconsin municipalities that physically straddles two counties: most of the city is in Racine County, but a southern wedge crosses into Walworth County. That dual-county geography matters at the outset of every Burlington OWI case because the arresting agency determines which court has jurisdiction.
Burlington Police Department arrests are prosecuted in the Racine County Circuit Court. Walworth County Sheriff arrests on the southern edge of the city or out toward Honey Lake are prosecuted in the Walworth County Circuit Court at Elkhorn. Wisconsin State Patrol stops on Highway 36 fall to whichever county the stop occurred in. The first thing we do on any Burlington case is audit the citing agency and stop location.
OWI arrests cluster on Highway 36 (Milwaukee Avenue, the primary corridor between Burlington and the Milwaukee area), at the Highway 11 / Highway 83 intersection, and on the Honey Lake / Browns Lake roads during summer recreation seasons. The recreational-OWI pattern matters, but not in the direction people assume: § 343.307(1) is a closed list and it does not include boating OWI under § 30.681, so a boat OWI does not count as a prior for a later vehicle OWI. The counting runs the other way, with motor-vehicle convictions feeding the boating penalty scheme.
Local enforcement and patrol corridors
Agencies
Each agency name links to the official department site (opens in a new tab).
Patrol corridors
Local procedure: official sources for Burlington
The agencies, courts, and offices that touch a Burlington OWI case. Each link goes to the official source so you can verify or contact them directly.
Where the case is heard
Racine County Courthouse
730 Wisconsin Avenue
Racine, WI 53403
Arresting agencies
On the firm's main site
For the firm's full criminal-defense practice in Burlington, including non-OWI matters (drug, traffic, domestic, federal), see the Burlington page on racinelaw.com →
Defense angles specific to Burlington cases
- Cross-county confusion: stops on the Racine-Walworth line sometimes generate citations from the wrong agency. A jurisdictional defect at the citation stage can be raised at suppression.
- Browns Lake / Honey Lake summer enforcement: lake-patrol officers operate on different probable-cause standards on the water than on the road. We test the transition from water-stop to land-arrest carefully.
- Burlington PD and Walworth Sheriff use different breath-test devices and calibration schedules. We obtain the device-maintenance record for the specific machine used in your case.
Burlington-area OWI by the numbers
Verified statistics from official state and county sources.
Bench and prosecution: Racine County
Every Burlington OWI case is heard by one of these Racine County circuit court judges and prosecuted by the Racine County District Attorney's office.
Sitting Racine County circuit court judges
- Hon. Wynne P. Laufenberg · Branch 1 · Chief Judge
- Hon. Eugene A. Gasiorkiewicz · Branch 2
- Hon. Jessica E.H. Lynott · Branch 3
- Hon. Scott P. Craig · Branch 4
- Hon. Kristin M. Cafferty · Branch 5
- Hon. David W. Paulson · Branch 6
- Hon. Jamie M. McClendon · Branch 7
- Hon. Faye M. Flancher · Branch 8
- Hon. Robert S. Repischak · Branch 9
- Hon. Timothy D. Boyle · Branch 10
Where your case will be heard
A criminal OWI from Burlington is prosecuted at the Racine County Courthouse at 730 Wisconsin Avenue, Racine, WI 53403. That covers every second or subsequent offense, which is criminal under Wis. Stat. 346.65(2)(am)2, and any first offense charged under the state statute rather than a city ordinance.
A first offense is not a crime. It is a civil forfeiture of $150 to $300 under Wis. Stat. 346.65(2)(am)1, and where a municipality charges it under its own ordinance in conformity with Wis. Stat. 346.63(1), that forfeiture action is collected in municipal court under Wis. Stat. 66.0114(1)(a). So the first thing to check on the citation is whether it names a city ordinance or a state statute. Either way you have to show up: Wis. Stat. 66.0114(1)(b) requires a court appearance for an ordinance violation in conformity with 346.63(1), so this is not a ticket that can be paid by mail.
For full Racine County procedural detail (intake calendar, branch assignments, treatment-court eligibility), see the Racine County County hub.
Frequently asked questions: Burlington OWI
- Will my Burlington OWI go to Racine County or Walworth County court?
- It depends on where you were stopped. Most of Burlington is in Racine County, with a southern wedge in Walworth County. Burlington Police Department arrests are prosecuted in the Racine County Circuit Court. Walworth County Sheriff arrests on the southern edge of town or out toward Honey Lake go to the Walworth County Circuit Court in Elkhorn. Always check the citing agency on the citation.
- Can a boat OWI on Browns Lake count as a prior offense for a future car OWI?
- No, and this gets stated backwards constantly. Wis. Stat. § 343.307(1) is a closed list of what a court counts when charging a vehicle OWI, and boating OWI under § 30.681 is not on it. The list reaches § 346.63(1) convictions, tribal-law equivalents, § 346.63(2), § 940.25 and § 940.09 vehicle convictions, qualifying out-of-state convictions, out-of-state refusal-based suspensions or revocations, revocations under § 343.305(10), and certain aeronautics convictions under § 114.09. A Browns Lake boat OWI therefore does not elevate a future driving OWI. The reverse direction is the real exposure: the boating penalty scheme has its own counting rules that reach motor-vehicle convictions.
- Burlington PD or Walworth County Sheriff: how do I tell who actually arrested me?
- Read the citation. The "agency" line identifies the arresting department: Burlington Police Department for stops inside Burlington city limits on the Racine-County side, Walworth County Sheriff for stops on the Walworth-County wedge or out toward Honey Lake / Browns Lake, and Wisconsin State Patrol for Highway 36 corridor stops. The arresting agency determines the venue: Burlington PD = Racine County Circuit Court; Walworth County Sheriff = Walworth County Circuit Court in Elkhorn. We audit the citation on day one of every Burlington case.
Related OWI defense topics
Other Racine County cities we serve
Every Racine County OWI is prosecuted at the same courthouse, but enforcement patterns vary city by city. If your case happened in one of these communities, see the city-specific guide.
Free, confidential consultation
Call or text (262) 632-5000 24/7. We answer the phone, or call back the same day. No charge for the initial consultation. Hablamos español.
Cafferty, Scheidegger & Johnson has defended OWI cases at the Racine County Circuit Court since 1994. For our full firm background, see About our firm. Traffic-only citations from the same stop are covered on the Burlington traffic-ticket guide, and broader local criminal-defense context is on the Burlington page on racinelaw.com.