Skip to main content

Is there really any way to beat this OWI?

Racine, WI |

I recieved an OWI in South Milwaukee 4 days ago. It was my first offense. At the station I blew a 0.153 the first time and then 3 minutes later blew a 0.159 biggest concern at this point (since it seems impossible to get an OWI dropped these days) is having the IID installed. I am right at the 0.15 there truly any possible way to get this dropped? It would be detrimental to my career!

+ Read More

Attorney answers 3


Dropped is the wrong word. Won is the correct word. These cases can be won depending on the facts and circumstances involved in each case. You should be looking for a local Milwaukee dui attorney.

Attorney Mitchell S. Sexner
Mitchell S. Sexner & Associates LLC /o
Defending your rights since 1990
1 (800) 996 -4824
Email: :
Website: Criminal and Traffic Attorneys

Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.O


You should consult with an attorney before doing anything else.

Any uncounseled conversation you have with the prosecutor will most certainly come back to haunt you. Wisconsin law prevents the prosecutor from cutting you any breaks because you are a good person with a clean record ( s. 967.055). Convictions are supposed to be detrimental, in order to discourage the prohibited behavior.

In addition to the OWI citation you already have, you probably also have a PAC (prohibited alcohol concentration) citation and a Notice of Intent to Suspend. The latter commences an administrative suspension proceeding with a short response deadline that has nothing to do with any court date. The breath test result >.15 will trigger an ignition interlock requirement upon conviction that you are going to want to try and avoid even if you can't avoid conviction. You need the assistance of experienced defense counsel, sooner rather than later.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.


Yes, there are ways to beat an OWI charge. Where everyone has arguments to a greater or lesser degree is whether the officer administered the field sobriety tests properly, and whether there was enough information for the officer to get all the way from stopping you to arresting you. But, these are just a few areas where potential defenses occur. All the potential defenses are too numerous and complex to go into on a forum like Avvo.

Given your breath test was close to the .15 threshold, you may be able to at least avoid the IID.

Consult with local, experienced OWI defense attorneys for more specific advice. Most initial consultations are free. So, you have nothing to lose at first.

Good luck!

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer