Wisconsin OWI/DUI defense

Do I Need a Lawyer for a First OWI in Wisconsin?

A first OWI in Wisconsin is usually civil, not criminal. That does not make it safe to plead without reviewing the stop, the arrest, the chemical test, the 10-day license deadline, and the record consequences. The question is not whether every first OWI needs a trial. The question is whether you know what you are giving up before you plead.

Cafferty & Scheidegger OWI/DUI defense attorneys serving southeast Wisconsin
Best Law Office in Racine 2025 | Cafferty & Scheidegger OWI/DUI defense

Best Law Office

Racine 2025

4.9

Client Rating

642+ Google reviews

30+

Years Defending

Southeast Wisconsin

3

Counties Covered

Racine · Kenosha · Walworth

The honest answer

You do not need a lawyer because the case is mysterious. You need a lawyer if the case can still be changed. Once you plead, most of the useful defense work is gone. The better sequence is simple: review the file first, understand the license and record consequences second, then decide whether the case should be negotiated, litigated, or resolved.

Before you plead: send us the citation, the Notice of Intent to Revoke if you received one, and the court date. We will tell you what is urgent, what can wait, and whether the case has a realistic defense angle.

You should call before pleading if any of these fit

What we look for in a first OWI review

The stop

The State needs a lawful reason for the stop. A weak stop can remove the evidence that followed. We compare the report to the squad video, dispatch notes, body camera, and any witness facts.

The arrest decision

Field sobriety tests are not magic. Road surface, weather, footwear, medical conditions, lighting, and officer instructions can change the meaning of the results. We look for gaps between the test protocol and what actually happened.

The chemical test

Breath and blood results depend on process. Breath cases raise observation period, mouth alcohol, calibration, and operator issues. Blood cases raise warrant, draw, storage, lab, and chain-of-custody issues.

The license track

The court case and the license case are related but not identical. A first OWI can involve administrative review, refusal litigation, occupational licensing, SR-22 insurance, and IID questions. These need to be handled in the right order.

What if the evidence is strong?

Then the work shifts from trial posture to damage prevention. That can mean confirming the penalty tier, protecting eligibility for an occupational license, preventing avoidable IID problems, correcting prior-counting mistakes, and negotiating for the best available resolution. A good review is still useful even when the end result is not dismissal.

What to do now

  1. Do not plead guilty or pay the forfeiture before reviewing the case.
  2. Send clear photos of every page the officer gave you.
  3. Mark the court date and any 10-day deadline on your calendar.
  4. Call or text (262) 632-5000 for a free review.

We are trying to prevent the penalties where the law gives us a path. That may mean dismissal, reduction, avoiding an OWI prior, preserving a license option, or keeping a bad fact from becoming worse. The first step is reviewing the case before the plea.

Representative outcomes

OWI results start with the issue we can challenge

The goal is not to explain the penalty after it happens. The goal is to find the fact, statute, prior record, or testing issue that can reduce or prevent the consequence before the case resolves.

See representative OWI results

Where first-offense OWI cases are heard across our 3-county service area

These cases are filed at the county circuit court level. Below are the currently elected District Attorneys and the size of each county's circuit court bench. Full roster on each county hub.

Racine County

District Attorney: Tricia Hanson verify →

9 currently sitting circuit court judges - see the Racine County hub for the full roster, branch assignments, and county-specific OWI stats.

Bench data verified 2026-05-03

Kenosha County

District Attorney: Xavier Solis verify →

8 currently sitting circuit court judges - see the Kenosha County hub for the full roster, branch assignments, and county-specific OWI stats.

Bench data verified 2026-05-03

Walworth County

District Attorney: Zeke Wiedenfeld verify →

4 currently sitting circuit court judges - see the Walworth County hub for the full roster, branch assignments, and county-specific OWI stats.

Bench data verified 2026-05-03

Frequently asked questions

Do I need a lawyer for a first OWI in Wisconsin?
You should at least talk to one before pleading. A standard first OWI is usually a civil forfeiture, but it can still trigger license revocation, alcohol assessment, insurance consequences, IID risk at certain BAC levels, and a DOT record entry that can count later under Wis. Stat. § 343.307. A lawyer checks the stop, arrest, test procedure, refusal issues, and license options before those defenses are waived.
Can I handle a first OWI myself?
Legally, yes. Practically, it is risky if you have not reviewed the squad video, field sobriety test administration, Informing the Accused form, breath calibration records, blood chain of custody, and 10-day license deadlines. Many first-OWI defenses are procedural. They are easiest to find before the first court date.
Is a first OWI in Wisconsin criminal?
A standard first OWI in Wisconsin is usually a civil forfeiture, not a criminal misdemeanor. That changes if aggravating facts are present, including a passenger under 16 or injury. Even when civil, the conviction remains serious because it affects the DOT record and future OWI counting.
When should I call after a first OWI arrest?
Call as soon as possible, ideally within the first 48 hours. Wisconsin OWI cases can include 10-day deadlines for administrative review or refusal hearing requests, and early action helps preserve video, test records, witness details, and occupational-license planning.
What can an OWI lawyer do on a first offense?
A lawyer can file hearing requests, review the stop and arrest, challenge the breath or blood test, inspect calibration and chain-of-custody records, seek suppression where the law allows it, negotiate a non-OWI resolution when the facts support it, and prepare an occupational-license path.

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 and OWI/DUI defense attorney in Racine, Wisconsin

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.

Full bio →
Jillian J. Scheidegger, partner handling OWI/DUI and criminal defense across southeast Wisconsin

Jillian J. Scheidegger

Partner

Partner since 2013 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.

Full bio →
Carl Johnson, OWI/DUI trial attorney practicing in Racine, Kenosha, and Walworth counties

Carl Johnson

Attorney

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.

Full bio →
Juan S. Ramirez, bilingual OWI/DUI defense attorney and former public defender

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.

Full bio →

Charged in a specific county?

Local courthouse posture changes the defense strategy. Pick your county for prosecutor tendencies, courthouse logistics, and our local experience.

Beyond OWI: the full practice

Cafferty & Scheidegger is a full-service criminal defense firm. This microsite covers OWI specifically; for the larger practice, case results, attorney bios, and all other practice areas, visit the main site.