01
Can I Keep Driving?
Wisconsin separates administrative license consequences from the court case. Depending on the circumstances, notices, hearings, revocation periods and occupational-license rules can become important immediately.
Milwaukee DUI / OWI Attorney
Facing an OWI Charge? Know What Comes Next.
Wisconsin uses the term OWI — Operating While Intoxicated — for impaired-driving offenses. A charge can affect your license, finances, employment and future. Get a clear assessment of your situation before you make decisions that could make the case harder to defend.
- Understand the criminal and driver's-license consequences that may apply to your offense history.
- Discuss the traffic stop, field sobriety testing and chemical-testing evidence in your case.
- Get help understanding Wisconsin's OWI process, including refusal, IID and occupational-license issues.
- Speak with an attorney at the Milwaukee office at 790 N Milwaukee St, Ste. 300.
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25+Years of legal experience
WIAttorney licensed in Wisconsin
$23M+Recovered for clients in firm results
5.0Google rating shown in supplied finalized pages
What You Need Right Now
An OWI Charge Raises More Than One Question
The first concern is usually not legal theory. It is knowing what the charge means, what happens to your driving privileges and what you should do next.
02
What Is the State Trying to Prove?
An OWI case can involve observations, field sobriety testing, chemical-test evidence, the traffic stop itself and the circumstances surrounding the alleged impairment.
03
What Happens If This Is Not My First?
Wisconsin penalties increase substantially for repeat offenses. Prior OWI history can change the stakes, including possible confinement, revocation and ignition-interlock requirements.
Start With The Facts
Before You Decide What To Do, Understand The Case
A consultation should identify the charge, your prior history, the evidence involved and the immediate driver's-license issues.
What We Would Want To Understand
- Why the vehicle was stopped and what happened before the stop.
- What the officer observed and what was documented.
- Whether field sobriety testing was performed and how it was conducted.
- Whether breath, blood or urine testing was requested or completed.
- Whether a chemical-test refusal notice was issued.
- Your prior OWI and related driving history.
What You Should Not Assume
A BAC number or OWI citation does not tell the entire story of a case. The legal consequences depend on the specific offense, prior history and facts surrounding the stop and testing.
- A first offense is not treated the same as a repeat offense.
- A refusal can create a separate driver's-license issue.
- A BAC of .15 or higher can trigger additional IID consequences for a first offender.
- An accident or injury can substantially change the potential exposure.
Wisconsin OWI Law
Wisconsin OWI Penalties Can Escalate Quickly
Wisconsin's official penalty chart shows how the consequences change with prior offenses. The table below summarizes selected consequences; the exact outcome depends on the facts and applicable statutes.
| Offense | Potential monetary / confinement consequence | Driving consequence | Important point |
|---|---|---|---|
| 1st OWI | $150–$300 forfeiture plus OWI surcharge; no confinement for the ordinary first-offense row in the Wisconsin DOT chart. | 6–9 month revocation. Occupational license can be available immediately under the chart. | BAC/AC of .15 or more can require IID or a 24/7 sobriety program for one year. |
| 2nd OWI | For repeat offenses with qualifying prior history, $350–$1,100 fine plus surcharge and 5 days–6 months confinement. | 12–18 month revocation plus applicable confinement-related extensions. | IID or 24/7 sobriety requirements can apply for repeat offenders. |
| 3rd OWI | $600–$2,000 fine plus surcharge; 45 days–1 year confinement in the ordinary row. | 2–3 year revocation plus applicable extensions. | Repeat-offender IID / 24/7 sobriety requirements apply. |
| 4th OWI | Class H felony; 60 days–6 years confinement and increased fines under the statutory structure. | 2–3 year revocation plus applicable extensions. | At this level the case is a felony, not an ordinary first-offense forfeiture. |
Source: Wisconsin Department of Transportation, “OWI and Related Alcohol and Drug Offense Penalties,” current PDF available from WisDOT. Penalty chart dated October 1, 2023 and accessed for this page in 2026. Laws and circumstances can change; this page is general information, not legal advice.
Wisconsin terminology matters: “DUI” is commonly searched by the public, but Wisconsin generally uses OWI — Operating While Intoxicated. Wisconsin DOT states that OWI can involve impairment by an intoxicant, prohibited alcohol concentration, or certain restricted controlled substances.
More Than A Ticket
The Charge Can Affect Your License And Your Life
Depending on the circumstances, the consequences can reach well beyond the courtroom.
Driver's License Consequences
Wisconsin has administrative and court-related driving consequences. A notice may create a short window for action, including an administrative review or a hearing related to a chemical-test refusal.
Chemical-Test Refusal
A refusal is not simply another detail of the OWI charge. Wisconsin DOT states that a first refusal can result in a one-year revocation, with a written request for a hearing generally required within the stated deadline.
Ignition Interlock
Wisconsin requires IID orders for repeat OWI offenders, first offenders with BAC of .15 or more, and drivers who refuse a chemical test, subject to the statutory rules and exceptions.
Occupational License
Depending on the withdrawal involved, you may be able to seek an occupational license for qualifying driving such as work or school. Eligibility and waiting periods depend on the offense history and circumstances.
Case Review
Questions Worth Asking About Your OWI Case
A meaningful defense review starts with the evidence, not assumptions based only on the citation.
Was The Traffic Stop Lawful?
The reason for the stop and what happened before the officer began an OWI investigation can matter. The circumstances should be reviewed rather than assumed.
How Were Field Sobriety Tests Conducted?
Conditions, instructions, physical limitations, weather, footwear and other circumstances can affect how field sobriety evidence should be interpreted.
What Does The Chemical Test Actually Show?
Breath, blood and urine evidence can raise different technical and procedural questions. The surrounding documentation and testing process matter.
What Prior History Applies?
Wisconsin's OWI penalty structure changes with prior offenses. The date and nature of prior offenses can therefore be central to evaluating exposure.
Was There An Accident Or Injury?
If another person was injured or killed, the case can move into substantially more serious territory. Those facts should be addressed immediately.
Do You Hold A CDL?
Commercial drivers can face separate CDL consequences. Wisconsin DOT identifies additional disqualification rules for OWI-related offenses involving CDL holders.
Verified Client Feedback
Clients Describe Toby As Responsive And In Their Corner
These reviews were taken from the supplied finalized Chicago pages. They are presented as general evidence of the attorney's communication and advocacy, not as DUI-defense case results.
“I was in a life-threatening car accident caused by a drunk driver. Toby was my advocate every step of the way. He is extremely organized, well spoken, and knows exactly what he is talking about.”
“It's been great working with Toby. He's an excellent attorney that helped immensely during this difficult and stressful period. I especially appreciate open honest dialogue which he always provides.”
“Great experience overall! Very communicative & informed me about everything every step of the way!”
The finalized Chicago page identifies these as verified Google reviews and displays a 5.0 rating. Review content has been kept in its original context rather than presented as an OWI outcome.
Meet Your Attorney
Toby P. Mulholland: 25+ Years In Practice
Mulholland Injury Law's supplied Milwaukee page identifies Toby P. Mulholland as the firm's attorney and states that he has practiced since 2000, is licensed in Wisconsin, Illinois and Arizona, and has extensive litigation experience including trials, mediations, arbitrations and depositions.
For an OWI matter, the important first step is to examine your specific facts and explain what the charge and related driver's-license consequences may mean for you.
Wisconsin LicensedLicensed to practice law in Wisconsin.
Practicing Since 2000More than two decades in legal practice.
Trial ExperienceTrials, mediations, arbitrations and depositions.
Milwaukee Office790 N Milwaukee St, Ste. 300.
Firm Track Record
Experience You Can Put In Context
The supplied Results page contains substantial personal-injury recoveries. Because those are not DUI/OWI defense results, this page does not label them as OWI outcomes.
Reported Firm Recoveries
The supplied finalized pages state that the firm has recovered more than $23 million for clients. These are not presented as DUI/OWI results.
Years Of Experience
The firm's supplied materials state that Toby P. Mulholland launched his practice in 2000.
Licensed In Wisconsin
The Milwaukee reference page identifies Toby as licensed to practice law in Wisconsin, Illinois and Arizona.
Past personal-injury results do not predict outcomes in criminal or OWI matters. Every case depends on its own facts and applicable law.
Milwaukee DUI / OWI FAQs
Questions People Ask After An OWI Arrest
General Wisconsin information. Your specific deadlines and consequences may differ.
“DUI” is commonly used in searches and everyday conversation, but Wisconsin generally uses the term OWI, or Operating While Intoxicated. Wisconsin DOT identifies several ways an OWI violation can occur, including impaired operation and prohibited alcohol concentration.
A first OWI generally involves a forfeiture rather than confinement under the ordinary first-offense penalty row, along with a 6–9 month license revocation. Additional consequences can apply depending on BAC, refusal, age, passengers, commercial driving status and other facts.
Wisconsin's implied-consent rules can create a separate driver's-license consequence. Wisconsin DOT states that a first refusal can result in a one-year revocation and that a written hearing request generally must be received within 10 days of the notice date. The exact situation should be reviewed promptly.
Wisconsin requires IID orders for repeat OWI offenders, first offenders with a BAC of .15 or more, and drivers who refuse a chemical test, subject to statutory rules and exceptions. IID restrictions can affect every vehicle titled or registered in the driver's name unless an exception applies.
Wisconsin provides occupational-license pathways for qualifying drivers whose operating privileges have been suspended or revoked. Eligibility and waiting periods vary with the type of withdrawal and prior history.
Repeat OWI offenses carry substantially greater consequences, including possible confinement, longer revocation periods and IID or 24/7 sobriety requirements. Wisconsin's penalty structure also considers prior offenses within specified periods.
OWI-related injury offenses can be significantly more serious than an ordinary OWI. Wisconsin's penalty chart includes separate provisions for causing injury, causing great bodily harm and homicide while OWI. Immediate legal review is important when an injury or death is involved.
- Any citation or charging paperwork.
- Any notice concerning suspension, revocation or refusal.
- Information about your prior OWI history.
- Any paperwork concerning chemical testing.
- Information about an accident, injuries or property damage.
Milwaukee Office
Don't Guess About What Your OWI Charge Means For You.
Get a clear explanation of the issues that may matter in your case and the next steps you should consider.
(414) 286-9299790 N Milwaukee St, Ste. 300 · Milwaukee, WI 53202
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