Blog

December 4, 2025

How Does an OWI Impact My Criminal Record and Future Opportunities?

If you are convicted of an OWI in Wisconsin, how does it affect your criminal record? And what impact can it have on your future job opportunities? These are common questions we get from clients.

The consequences of an OWI on your record and future are significant. Once you realize the gravity of a conviction, you can easily see the need to hire a competent Wisconsin criminal defense lawyer when you’re facing these serious charges.

What Is an OWI in Wisconsin?

An OWI is a charge for operating a vehicle while intoxicated. Drivers 21 and over may be charged with an OWI if their blood alcohol concentration (BAC) is 0.08 or higher, while drivers under 21 can face OWI charges if they have any alcohol in their system.

Additional BAC limits include a 0.04 limit for drivers of commercial vehicles and a 0.02 limit for drivers with three or more prior OWI convictions.

How Long Does an OWI Conviction Stay on Your Criminal Record?

In Wisconsin, an OWI conviction will stay on your criminal record permanently. The only way to have an OWI conviction expunged from your record is through a Supreme Court pardon, which is extremely rare. For this reason, you should expect any conviction for OWI to remain on your record for the rest of your life.

OWI Penalties

The immediate penalties for an OWI conviction primarily depend on the number of prior convictions you have. However, some other factors may also contribute, including whether there was a minor under 16 in the vehicle, whether you had a prior conviction within the preceding 10 years, and whether you hold a commercial driver’s license (CDL).

In general, the penalties for OWI convictions include:

A fine of $150 to $300 and a license revocation for six to nine months for a first or second offense.
A fine of $600 to $2,000, 45 days to one year of imprisonment, and a license revocation for two to three years beyond your imprisonment length.

Additional convictions continue to increase the fine amount and length of imprisonment, but the license revocation maxes out at two to three years unless there are aggravating circumstances.

If you are convicted of an OWI while driving a commercial vehicle, your CDL will also be suspended for one year for your first offense and for life for your second offense.

The Impact of an OWI on Your Future Opportunities

An OWI conviction can have lifelong consequences, impacting your employment and housing opportunities.

You’ll feel the most direct impact of an OWI conviction if you are a CDL holder. Not only can convictions result in the permanent suspension of your CDL, but many trucking companies do not want to hire drivers with any OWI convictions on their record.

CDL holders aren’t the only ones who suffer from having an OWI on their record, though. Any time you apply for a job or an apartment, your OWI conviction will show up on your record. This may result in you losing out on your top job and housing choices, as employers and landlords may view the conviction as a liability.

Contact Our Madison, Wisconsin, OWI Defense Lawyers

At Nicholson Goetz & Otis, S.C., our experienced criminal defense lawyers fight for you. Our law firm is a boutique litigation and trial firm recognized for its meticulous preparation and in-depth knowledge of the law. If you are facing an OWI charge in Wisconsin, contact us today for a free consultation. You’ll get to talk with one of our skilled attorneys and learn more about your legal options.

November 4, 2025

How Can a Criminal Defense Attorney Help Me with Homicide Defense?

Homicide accusations can include years or even life in prison. Knowing how a defense attorney can help you during this process helps you understand how important it is to have quality legal representation on your side. Here’s what an experienced criminal defense lawyer can do for you:

Investigating the Case

Homicide cases can rely on a variety of evidence. Generally, physical evidence, witness statements, and forensic analysis are common. A defense attorney investigates every aspect of the case to test whether that evidence is accurate or reliable. This process often includes:

Reviewing police reports and body camera footage for procedural errors or Constitutional violations.
Consulting forensic experts to challenge the state’s findings on cause of death, ballistics, or DNA evidence.
Interviewing witnesses to identify inconsistencies in their accounts or uncover bias.
Gathering evidence that supports an alternative theory of events.

Your attorney’s investigation may reveal errors in how evidence was collected or interpreted— and those issues could lead to key evidence being suppressed.

Protecting Your Constitutional Rights

Law enforcement and prosecutors must follow strict rules when investigating and prosecuting a homicide case. Your defense attorney fights to protect your Constitutional rights. Common issues include:

Illegal searches and seizures: Evidence gathered without a valid warrant or probable cause is often inadmissible under the Fourth Amendment.
Self-incrimination: Statements made to police without a proper Miranda warning can be excluded from evidence under the Fifth Amendment.
Right to counsel: You have the right to an attorney. Questioning or identification procedures that violate this right can be challenged.

Your attorney identifies violations like these and files motions to suppress evidence when your rights have been compromised. If successful, that could lead to suppressed evidence and a weaker case for the prosecution.

Developing a Defense Strategy

Every homicide case is unique, so your attorney will customize your defense strategy to the specific facts of your situation. Depending on the evidence, possible defenses may include:

Self-defense or defense of others: Wisconsin law allows the use of deadly force if you reasonably believe it’s necessary to prevent imminent death or great bodily harm.
Accident or lack of intent: If the death occurred unintentionally, the charge may be reduced to a lesser offense or dismissed.
Mistaken identity or alibi: If the state’s identification evidence is unreliable or incomplete, your attorney can challenge whether you were the person involved.
Insufficient evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. Your attorney will test each piece of evidence to expose weaknesses in the state’s case.

In many situations, your attorney can negotiate with the state for lesser charges or alternative sentencing options when appropriate. While every strategy and outcome depends on the specific facts of your case, your lawyer will always work to reduce the possible impact.

Preparing for Trial

If the case goes to trial, preparation is key. Your attorney will:

File pretrial motions to limit or exclude evidence that may unfairly influence the jury.
Select jurors who can evaluate the case fairly and without bias.
Present expert testimony to dispute the prosecution’s forensic findings.
Cross-examine witnesses to reveal inconsistencies or credibility issues.
Deliver opening and closing arguments that clearly explain your defense to the jury.

Throughout the trial, your attorney protects your right to a fair proceeding. They will challenge any improper conduct by the prosecution.

Call Nicholson Goetz & Otis, S.C., for Your Homicide Defense

When you’re facing a homicide charge, the attorneys at Nicholson Goetz & Otis, S.C., have extensive experience handling complex criminal cases in Wisconsin courts. Contact us today to discuss your case and learn how our dedicated legal representation can protect your rights and future.

October 7, 2025

How Does a Wisconsin Criminal Defense Attorney Fight an OWI Charge?

OWI cases range from civil offenses to major felonies, but they all have one thing in common: you need an experienced criminal defense attorney to help fight the charges and license suspension. The legal system is complicated, and how your case is resolved can affect your life for years to come. A strong defense protects your rights and works toward the best possible outcome—but what will your attorney actually do?

Review the Traffic Stop

Your attorney’s first step is to determine whether your traffic stop was legal. Police must have reasonable suspicion that you broke a law or committed a traffic violation before pulling you over. Any evidence they collected after the stop could be suppressed if they lacked that legal basis.

This step includes reviewing anything from dashcam footage to police reports. If the stop was unconstitutional, the defense can file a motion to suppress the evidence.

Challenge the Field Sobriety Tests

If your traffic stop was lawful, your lawyer will move on to the field sobriety tests (FSTs). These roadside exercises are used to look for signs of impairment, but they’re not an objective test. Weather, road conditions, fatigue, medical issues, and more can affect how you perform. Officers must administer these tests according to National Highway Traffic Safety Administration (NHTSA) guidelines.

Your attorney can challenge the results if the officer didn’t follow protocol or if there were other reasons for “failing” the tests.

Analyze the Chemical Test Evidence

Wisconsin’s implied consent law allows officers to require a breath, blood, or urine test if they suspect OWI. However, errors can and do occur. Machines must be properly calibrated, tested, and maintained. Blood draws must be carefully handled to avoid contamination or other issues.

A defense attorney will review calibration logs, lab records, and the sample’s chain of custody. If there are problems, the test results can be challenged and might be excluded from evidence. Without reliable chemical evidence, the prosecution’s case is much weaker.

Challenge Probable Cause for Arrest

Before making an OWI arrest, officers must have probable cause to believe you were impaired. This is a higher standard than what’s needed for a traffic stop. Probable cause is based on the totality of the circumstances. For OWI cases, that means driving behavior, appearance, odor of alcohol, statements made, and test performance, among other factors.

If there’s no probable cause, your attorney can move to have the arrest and any resulting evidence thrown out.

Exploring Legal and Factual Defenses

Next, your lawyer will look for legal and factual defenses specific to your case. For example, if you weren’t actually operating the vehicle when contacted by police, you may not meet the definition of “operating” under Wisconsin law. If the state can’t prove you were operating the vehicle, the charge may not stand.

Medical conditions can also seem like impairment, such as slurred speech or unsteady balance. Presenting alternative explanations helps create reasonable doubt.

Negotiate for Reduced Charges or Penalties

Not every case goes to trial—in fact, most cases don’t. Sometimes the best strategy is negotiating with the prosecutor to reduce the charge or penalties, especially if this is your first offense. Your attorney can advocate for alternative or lesser consequences.

Prepare for Trial

Finally, if negotiations don’t result in a fair outcome, your lawyer will take the case to trial. At trial, they’ll cross-examine officers and challenge the state’s evidence. Some cases require presenting expert testimony to dispute chemical tests. Ultimately, however, they can fight to protect your rights and attack the prosecution’s case at every turn.

Let Nicholson Goetz & Otis, S.C. Defend Your Case

The attorneys at Nicholson Goetz & Otis, S.C. approach OWI cases with the same skill and preparation they bring to every case. If you’re facing an OWI charge in Wisconsin, contact us to talk about your case.

September 9, 2025

What Happens After You Get Arrested for OWI in Wisconsin?

If the police stop you for intoxicated driving and place you under arrest, you may wonder what will happen to you next. An OWI arrest can lead to a lengthy process in the Wisconsin criminal justice system. But what exactly happens when the police arrest you for intoxicated driving?

The Arrest Process

The police may arrest a driver for OWI in various circumstances. For example, an officer may pull a driver over after seeing them commit a traffic infraction, such as running a red light or speeding, and observe signs of intoxication in the driver that lead the officer to develop probable cause for an OWI arrest. An officer may also pull a driver over after observing signs of intoxicated driving, such as weaving on the road, driving at an excessively slow speed, or failing to maintain a steady speed.

During a traffic stop, police may conduct field sobriety tests or ask drivers to blow into a portable breathalyzer to confirm suspicions of intoxication and provide probable cause for an arrest. When police have gathered enough evidence to support an arrest, they will take the driver into custody and transport them to the police station (or, in some cases, to the hospital for a blood draw to perform chemical testing).

Booking and Initial Release

At the police station, a driver arrested for OWI will undergo the booking process, which includes having their fingerprints and photographs taken, a search for active arrest warrants, and possibly questioning. Police may also ask the driver to submit to a chemical test of their breath via a tabletop breathalyzer to determine the driver’s BAC. After booking, the police may release the driver to a family member or friend after a cash or signature bond, or wait until the driver sobers up to release them.

Administrative License Suspension

Under Wisconsin law, refusing a chemical test or failing a test (having a detectable amount of a controlled substance or a prohibited BAC) will result in an administrative license suspension of six months. Following an arrest, the arresting officer will issue the driver a notice of administrative suspension, which informs the driver of their right to contest the suspension by requesting an administrative hearing within ten days. The notice also serves as the driver’s temporary license until the administrative suspension begins after 30 days or a hearing restores the driver’s full driving privileges.

Initial Court Proceedings

In most cases, an OWI arrest will result in prosecution. A driver may have to appear in court for an initial appearance/arraignment to give an initial plea to their OWI charge. The court will also explain the charges, the potential penalties, and the driver’s rights (such as the right to legal counsel). When a driver pleads not guilty to an OWI charge, the court may schedule one or more pre-trial hearings and set a trial date. Before trial, the driver can file motions to admit or exclude evidence or to dismiss the charges for lack of probable cause. Unless a driver resolves their charge through a motion to dismiss or guilty plea, the court will hold a trial.

Contact a Wisconsin OWI Defense Attorney Today

Being stopped and arrested for OWI can seem like a scary, stressful experience. Having a sense of what happens after an arrest can offer you peace of mind and help you prepare to defend your reputation, freedom, and future. Contact Nicholson Goetz & Otis, S.C., today for a confidential consultation with an experienced Wisconsin OWI defense lawyer to learn more about what to expect after an arrest and how we can support you.

August 19, 2025

Accused of a Federal Crime in Wisconsin? Here’s How It Differs from a State Charge

If you’re facing criminal charges in Wisconsin, it’s important to know whether you were charged under state law or federal law. Federal charges come with different rules, courts, penalties, and investigative resources. Understanding these differences can help you understand the stakes and find the right defense team.

Understanding the Federal Court System and Federal Crimes

Wisconsin has its own statewide criminal code, which covers everything from shoplifting to homicide. Federal charges, on the other hand, happen when someone violates U.S. federal law. Common federal offenses include:

Wire fraud
Drug trafficking
Child pornography offenses
Federal firearm violations
Tax evasion

Federal and state crimes often overlap, but jurisdiction (which court system you’re charged in and where) depends on several factors. You might be charged federally because the alleged crime:

Involved interstate activity
Happened on federal property
Involved a federal agency
Was investigated as part of a larger conspiracy

In rare cases, you could be charged in both federal and state court.

Federal vs. State Investigative Agencies

State and federal court systems also involve different investigative agencies. In state cases, you might be investigated by local police or county sheriffs. In federal cases, the investigation likely involves agencies like:

The ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives)
The DEA (Drug Enforcement Administration)
The DHS (Department of Homeland Security)
The FBI (Federal Bureau of Investigation)
The IRS (Internal Revenue Service)

These agencies often conduct long, complex investigations before prosecutors bring charges. Federal agencies frequently spend years before sending a target letter or indicting a suspect. Similarly, federal prosecutors handle fewer cases than their state counterparts. They often have larger budgets, access to expert witnesses, and investigative teams from multiple agencies.

Federal vs. State Court Systems

Many people don’t realize that the court systems also involve different courthouses. State charges are handled in Wisconsin circuit courts, which are located in each county. Federal charges go to one of Wisconsin’s two U.S. District Courts: the Eastern District (based in Milwaukee and Green Bay) or the Western District (based in Madison).

Federal juries are drawn from larger geographic regions, and the entire process follows the Federal Rules of Criminal Procedure rather than Wisconsin’s state rules.

Federal vs. State Sentencing

Sentencing in state court is typically based on fixed statutory ranges. If you’re convicted of a Class C felony, you could be sentenced to 40 years in prison and up to $100,000 in fines.

In federal court, judges follow the U.S. Sentencing Guidelines. This is a separate, complex system that calculates your sentence based on factors like:

The type of crime
Amount of loss or harm caused
Your role in the offense
Your criminal history

The penalties tend to be much harsher, and federal inmates often do not have access to the same kind of “time off for good behavior” sentencing credit that state inmates might.

Your Defense Strategy (and Attorney) Should Match the System

Defending federal charges takes a different approach than defending a state case. As you can see from the overview above, the rules are different and the consequences are often more severe. You’ll need an attorney who handles federal crimes and is licensed to practice in the federal system. Not all criminal defense attorneys work within both systems, so it’s important to research carefully. Look for an experienced federal defense lawyer who knows how these complex investigations are built—and how to dismantle a federal prosecutor’s case.

Facing Federal Charges? Nicholson Goetz & Otis, S.C. Can Help

If you’ve been charged with a federal crime in Wisconsin, your defense should start immediately. The team at Nicholson Goetz & Otis, S.C. has experience navigating both federal and state systems. Call today to discuss your case.

July 17, 2025

Will I Lose My License After an OWI Arrest in Wisconsin?

If you’re arrested for Operating While Intoxicated (OWI) in Wisconsin, you’ll face serious legal and administrative consequences—including the potential loss of your driving privileges. While every case is different, understanding the timeline, possible defenses, and legal options can help you protect your rights and make informed decisions.

Administrative Suspension vs. Court-Ordered Revocation

After an OWI arrest in Wisconsin, your license can be affected in two separate ways: through administrative suspension and through court-ordered revocation.

The administrative suspension begins shortly after your arrest if you either:

Fail a chemical test (blood alcohol concentration of 0.08% or higher for most drivers, 0.02% or higher for drivers with three or more prior OWI convictions), or
Refuse to submit to chemical testing.

In these cases, the Wisconsin Department of Transportation (WisDOT) takes administrative action. This is separate from any criminal case. Your license can be suspended even before your case goes to court.

However, court-ordered revocation happens only if you’re convicted of OWI or a related offense. This revocation is longer than the administrative suspension. It usually carries additional penalties and requirements for reinstatement.

License Suspension After an OWI Arrest

If you took a chemical test and failed, law enforcement will send your test results to WisDOT. Once processed, you will receive a Notice of Intent to Suspend. This document gives you ten days to request an administrative hearing. If you don’t request a hearing within that period, your license will be automatically suspended 30 days after the notice date.

If you do request a hearing, your suspension will be delayed until a hearing officer makes a decision. Note that the officer will not consider whether you were actually impaired—instead, they will review whether the officer had reason to stop you, whether you were lawfully arrested, and whether the test was properly administered.

If you refused chemical testing, you face an automatic administrative revocation under Wisconsin’s implied consent law. The arresting officer will file a Notice of Intent to Revoke. You have ten days to request a refusal hearing. If you fail to request one in time, your license will be revoked for one year.

Occupational License: Driving with Restrictions

Losing your license doesn’t always mean you’ll be completely off the road. Wisconsin allows some drivers to apply for an occupational license. This limited license permits driving to and from work, school, and necessary household activities.

To qualify for an occupational license after an OWI-related suspension or revocation, you must:

Serve a mandatory waiting period (30 days for a first refusal)
Not have other disqualifying convictions
Install an IID if required

The occupational license limits your driving to 12 hours per day and no more than 60 hours per week. You must also maintain SR-22 insurance, which proves you have the required liability coverage.

Steps to Take After an OWI Arrest

If you’ve been arrested for OWI in Wisconsin, what you do next can directly impact your ability to keep your license or qualify for an occupational license. Here’s what you and your lawyer should do:

Consult a knowledgeable OWI defense attorney: A lawyer can help you navigate the overlapping administrative and criminal proceedings. They will also identify possible defenses and fight to preserve your license.
Request a hearing immediately: You have only ten days to challenge an administrative suspension or revocation. Your attorney can help you through these steps.
Review your chemical test results: Errors in test procedures or chain of custody can build a strong legal defense. Your OWI defense lawyer will review your case and look for possible weaknesses in the results, how the samples were handled, and more.
Avoid additional violations: Driving with a suspended or revoked license can worsen your situation. You should do your best to stay on the right side of the law until your case is resolved.
Complete your alcohol assessment: Wisconsin requires an assessment and safety plan for most revocations. Be sure to follow every requirement and rule to the letter.

Protect Your Driving Privileges With a Skilled Wisconsin OWI Defense Attorney

Losing your license after an OWI arrest can disrupt every part of your life. Everything from getting to work to managing family obligations to running errands is significantly harder—and the consequences could drag out for years. Fortunately, you may have options, especially if you act quickly and understand how to navigate the system. The sooner you get legal guidance, the better positioned you are to minimize the impact and avoid suspension or revocation.

Nicholson Goetz & Otis, S.C. defends drivers across Wisconsin facing OWI charges and license-related penalties. If you’re worried about losing your license, contact us today to discuss your case and explore your legal options with the help of our experienced OWI defense attorneys.