An OWI arrest in Menasha starts two clocks at the same time. One runs on your license: whether you refused the test or failed it, you generally have just 10 days to act — 10 days from the Notice of Intent to Revoke to request a refusal hearing, or 10 days from the Notice of Intent to Suspend to request administrative review. Miss that window and the suspension takes effect on its own 30 days after the Notice of Intent to Suspend is issued. The other clock runs on your case in court. Mays Law Office defends OWI charges — the offense most people search as DUI or DWI, though Wisconsin’s statutory charge is OWI — along with drugged-driving allegations, throughout Menasha and the surrounding Fox Valley. We work from our Middleton office and appear where Menasha cases are heard. Call 608-305-4518 for a free consultation before you say anything to anyone else about your arrest.

OWI Attorneys in Menasha, WI

Attorney Stephen E. Mays has practiced law in Wisconsin since 1995 and was named a 2025 Wisconsin Super Lawyer in DUI/DWI defense. He belongs to the National Association of Criminal Defense Lawyers, the Wisconsin Association of Criminal Defense Lawyers, the Dane County Criminal Defense Lawyers Association, and the State Bar of Wisconsin. Menasha carries a wrinkle most Wisconsin cities do not: the city sits astride the line between two counties, and that fact alone can decide which courthouse hears your case. Sorting out where a charge will land — and building the defense around it — is work that starts at the first call.

An OWI lawyer earns their fee in the specifics — whether the stop was lawful, whether the field sobriety tests actually show what the officer claims, whether the chemical test held up under the Fourth Amendment, and whether every deadline that protects your license was met. We start on those questions right away.

When to Call Our Menasha, WI OWI Lawyers

Reach out right away if any of this fits your situation:

• You were handed a “Notice of Intent to Revoke” after refusing a breath or blood test. You have 10 days from that notice to request a refusal hearing in writing — let the window close and the revocation takes effect automatically, and you forfeit the statutory chance to contest it.
• You took the test and the result was over the limit. That triggers a Notice of Intent to Suspend, and you have 10 days to request administrative review — otherwise a 6-month administrative suspension begins 30 days after the notice.
• You already have an OWI on your record. A second offense is a criminal misdemeanor carrying 5 days to 6 months in jail if the prior was within the last 10 years. A third runs 45 days to a year. A fourth is a Class H felony.
• A child under 16 was riding with you. That one fact turns even a first offense into a criminal misdemeanor — a $350 to $1,100 fine and a mandatory 5 days to 6 months in jail.
• Someone was hurt. Causing injury to another person while intoxicated makes even a first offense a crime, and great bodily harm or death brings separate felony charges.
• You hold a CDL. A single OWI conviction — even in your own car — disqualifies your commercial privileges for a year, and a second lifetime conviction ends them for good.
• You were at 0.15 or above. On a first offense, that reading brings a mandatory one-year ignition interlock order.

What an OWI Conviction Costs in Wisconsin

What actually happens if you’re convicted of OWI in Wisconsin? (And yes — if you searched “DUI” or “DWI,” this is your answer; Wisconsin’s statute calls the offense OWI, whichever name you typed.) It depends on which offense number this is. First time, with no aggravating facts? You’re facing a civil forfeiture — $150 to $300 plus the $435 mandatory surcharge — a 6-to-9-month license revocation, and no jail. Second time? If the prior was within 10 years, it’s now a crime, with 5 days to 6 months in jail. Third? 45 days to a year — and from the third offense onward, every prior you’ve ever had counts, with no time limit. Fourth? That’s a Class H felony: 60 days to 6 years of imprisonment. Was a child under 16 riding with you? Then even a first offense is a criminal misdemeanor — a $350–$1,100 fine plus mandatory jail of 5 days to 6 months. Will you need an ignition interlock? Only in defined situations: a refusal, a first offense at a BAC of 0.15 or higher, or a repeat offense. Can you keep driving to work? Possibly, on an occupational license — but don’t assume it; eligibility turns on your suspension type, any interlock requirement, the rest of your record, and DMV sign-off. And how long do you have to act? Ten days — to request a refusal hearing if you declined the test, or administrative review if you failed the evidentiary chemical test.

What does an OWI really cost? More than the fine — usually much more. Every OWI conviction carries a mandatory $435 surcharge. The required alcohol and drug assessment typically costs $165 to $500. If the court orders an ignition interlock, expect around $50 to $150 to install it and $60 to $100 per month to keep it running. Reinstating your license adds another $200. Then SR-22 high-risk insurance inflates your premiums for years. Where does that leave a typical first offense? Somewhere between $4,000 and beyond $10,000 all told — and those are typical ranges that shift with your county, your vendor, and your insurer. Measured against that total, a serious defense review is inexpensive, and ours is free: 608-305-4518.

How OWI Cases Move Through Menasha’s Courts

Menasha straddles the line between Winnebago and Calumet counties, and in Wisconsin criminal venue follows where the offense occurred — so which courthouse hears your case depends on which side of that line the stop happened on. A Winnebago-side OWI is filed in the Winnebago County Circuit Court at 415 Jackson Street in Oshkosh, while a Calumet-side case goes to the Calumet County Circuit Court at 206 Court Street in Chilton.

A standard civil first offense may be handled in either a municipal court or the county circuit court, depending on which agency issued the citation — Wisconsin does not route every first offense the same way. Every criminal OWI, though — a repeat offense, or a first offense involving a minor passenger or injury — is filed in the circuit court for the county where the offense occurred and prosecuted by that county’s District Attorney’s Office. Knowing which county and which agency your case belongs to is one of the first things our Wisconsin OWI defense practice pins down, because it shapes the reports we request, the deadlines we track, and where we appear.

The criminal track follows a set path in either county. The arresting agency forwards its file to the District Attorney, who issues a criminal complaint; you make an initial appearance; contested issues get litigated at motion hearings; and if a pretrial conference produces no resolution, the case goes to trial, where the State must prove guilt beyond a reasonable doubt.

How We Defend OWI Charges

Is there any point in fighting an OWI charge? Often, yes — because the State’s case has to survive five separate questions. Was the stop legal? Police need reasonable suspicion before pulling you over and probable cause before arresting you; a defect in either can suppress what followed. Do the field tests prove impairment? Not reliably — the standardized battery was validated on limited populations, and medical conditions, age, weight, injuries, weather, and footwear routinely mimic intoxication in sober people. Is the breath result airtight? A reading near the applicable limit — 0.08 for most drivers — is worth pressing: the reliability of chemical testing is a recognized battleground, and once you take the agency’s primary test, you’re entitled to its alternative test free of charge — or a test of your own choosing at your own expense. Was the blood draw constitutional? Taking blood is a Fourth Amendment search, and after State v. Prado (2021) — which struck down the presumption that an incapacitated driver consents — a warrantless draw without valid consent faces genuine challenge (though the State can invoke exceptions like exigent circumstances, so the analysis is fact-specific). Did you even “operate” the vehicle? Wisconsin defines operation as physically manipulating or activating the controls needed to put the car in motion, and whether that happened is a factual question the State must prove. None of these defenses is guaranteed to win, and not all of them will apply to you. The point of a case review is finding out which ones do — call 608-305-4518 before those details go cold.

We also handle the license side of the case — refusal hearings and occupational license applications. An occupational license is not automatic; eligibility depends on the type of suspension, any interlock requirement, other suspensions on your record, and DMV approval, so the paperwork is worth getting right the first time.

Menasha OWI Questions We Hear Most

Which county will my Menasha OWI case be heard in?

That depends on where the offense happened. Menasha sits on the boundary between Winnebago and Calumet counties, and Wisconsin criminal venue follows the county where the offense occurred. If your stop was on the Winnebago side, the case goes to the Winnebago County Circuit Court at 415 Jackson Street in Oshkosh; if it was on the Calumet side, it goes to the Calumet County Circuit Court at 206 Court Street in Chilton. A standard civil first offense may instead be handled in a municipal court, depending on which agency wrote the citation. Confirming which county — and which court — your case belongs to is one of the first things we sort out.

Will I go to jail for a first-offense OWI in Wisconsin?

For a standard first offense, no. Wisconsin is the only state that treats a first OWI as a non-criminal civil forfeiture — a fine and license revocation, but no jail. That changes fast if a child under 16 was in the car — a criminal misdemeanor with a mandatory 5 days to 6 months in jail — or if anyone else was injured, which also criminalizes the charge.

I was asleep in a parked car. Can they really charge me?

Yes. Wisconsin law punishes “operating,” not just driving — the physical manipulation or activation of any control of the vehicle necessary to put it in motion. Depending on the facts, a driver found asleep behind the wheel with the engine running can be prosecuted for OWI even though the car never moved.

Is a lawyer really worth it for a civil first offense?

The first offense is where the record starts. It cannot be expunged, it raises your insurance for years, it disqualifies commercial driving privileges for a year if you hold a CDL, and it sets the counting clock — a second OWI within 10 years is a crime, and it counts forever once you reach a third. Challenging a weak stop or an unreliable test is often the cheapest insurance you will ever buy.

Is refusing the test better than failing it?

They are two different problems, not a loophole and a trap. Refusal is a stand-alone violation: a first refusal brings a 1-year license revocation, a mandatory alcohol assessment, and a mandatory 1-year ignition interlock — and the refusal itself can be used as evidence against you in the OWI case. Failing the evidentiary chemical test — the breath, blood, or urine test after arrest, not the roadside preliminary breath test — instead triggers a 6-month administrative suspension. Either way, the clock is the same: 10 days to request a refusal hearing or administrative review, or the license consequence takes effect on its own 30 days after the notice is issued. Which situation you are in changes the strategy — it does not change the urgency.

Get a Free Consultation

Se Habla Español — Call 608-305-4518

Whether this is a civil first offense or a felony repeat charge, the days right after a Menasha OWI arrest are the ones that matter most. Mays Law Office represents clients across Wisconsin from our office in Middleton — including Menasha on both sides of its county line. Call 608-305-4518 or contact Mays Law Office online for a free consultation. Mays Law Office, LLC — 6405 Century Ave STE 103, Middleton, WI 53562.