An OWI arrest in New Berlin sets two separate clocks running. One is on your license: whether you refused the test or failed it, the clock to protect your driving privileges is short, and it starts the moment the notice is handed to you — not weeks later. The other is 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 New Berlin and Waukesha County. Mays Law Office represents clients across Wisconsin from our office in Middleton — including New Berlin and Waukesha County — and represents clients across Wisconsin from our office in Middleton — and Waukesha County criminal cases are decided at the Waukesha County Circuit Court. Call 608-305-4518 for a free consultation before you say anything else to anyone about your arrest.

OWI Attorneys in New Berlin, 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. New Berlin covers a broad stretch of Waukesha County, and an OWI stop can happen anywhere in it — on a residential street, a commercial strip, or a busy through-route. What matters afterward is not where the stop happened but whether it was lawful, and whether the evidence that followed can hold up. Those are the questions a case needs answered from the start.

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 at the first call.

When to Call Our New Berlin, 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 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 from the notice to request administrative review — and the suspension takes effect 30 days after the Notice of Intent to Suspend is issued.
• You already have an OWI on your record. A second offense is generally a criminal misdemeanor carrying 5 days to 6 months in jail when the prior falls within the last 10 years. A third runs 45 days to a year and is a crime. 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. A civil first offense may be handled in municipal or circuit court depending on the citing agency. Second time? If the prior was within 10 years, it’s generally a crime now, 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 from the Notice of Intent to Revoke if you declined the test, or administrative review from the Notice of Intent to Suspend if you failed the evidentiary chemical test.

The fine on the citation is the smallest number in an OWI case. 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.

How OWI Cases Move Through New Berlin and Waukesha County Courts

Where a New Berlin OWI is heard depends on what it is. A civil first offense may be handled in municipal or circuit court depending on the citing agency — Waukesha County has municipal courts as well as the circuit court, and the standard of proof in municipal court is “clear, satisfactory and convincing” under § 800.08(3), not the “beyond a reasonable doubt” standard that governs a criminal case. There is no single, categorical rule for where every citation lands; it turns on the facts of your stop and the agency that issued it.

A criminal OWI is a different matter. A second offense — generally a crime when the prior falls within the 10-year window — and every third-and-higher offense, along with any first offense involving a minor passenger or injury, is filed in the Waukesha County Circuit Court at 515 W Moreland Blvd in Waukesha, which runs 12 branches. New Berlin sits within that county, so that is the courthouse where a criminal New Berlin case is prosecuted. Which agency stopped you can affect the reports, the video, and how the case is built, which is one of the first things our Wisconsin OWI defense practice sorts out.

The criminal track follows a set path. The arresting agency forwards its file to the prosecutor, 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 proceeds 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, with stricter limits for commercial drivers (0.04), drivers under 21 (absolute sobriety), and drivers under an interlock order or with three or more priors (0.02) — 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.

New Berlin OWI Questions We Hear Most

Where will my New Berlin OWI case actually be heard?

That depends on the charge. A civil first offense may be handled in municipal or circuit court depending on the citing agency — Waukesha County has both, and in municipal court the standard of proof is “clear, satisfactory and convincing” under § 800.08(3). Any criminal OWI — a second offense within the 10-year window, a third or higher, or a first offense involving a minor passenger or injury — is filed in the Waukesha County Circuit Court at 515 W Moreland Blvd in Waukesha, which runs 12 branches. There is no single categorical rule for where every New Berlin citation lands; it turns on the facts of your stop and the agency that cited you.

Can I get an OWI expunged later?

No. Wisconsin’s expungement statute excludes OWI convictions entirely, and the civil first offense stays on your WisDOT driving record permanently — and once you reach a third offense, every prior counts, no matter how old.

Can I still drive to work?

Often, yes — but it is not automatic. An occupational license permits up to 12 hours of driving per day and 60 hours per week for work, school, medical appointments, treatment, and essential household duties — never recreation. Eligibility depends on the type of suspension or revocation, any interlock requirement, other suspensions on your record, and DMV approval — and the timing rules differ by situation, so we confirm your exact eligibility window before filing. The application runs through WisDOT paperwork, an SR-22 filing from your insurer, and proof of interlock installation where ordered — we can help prepare and review the application and supporting filings.

I have a CDL. What does an OWI do to my commercial license?

A first OWI conviction disqualifies your commercial driving privileges for 1 year — even if you were driving your personal vehicle at the time — and for 3 years if you were hauling placarded hazardous materials. A second lifetime OWI conviction means lifetime CDL disqualification. Commercial drivers also operate under a stricter 0.04 limit in a commercial vehicle, and any detectable alcohol triggers an immediate 24-hour out-of-service order.

I refused the test. What happens now?

Refusal is its own separate violation with its own penalties: a first refusal means a 1-year license revocation, a mandatory alcohol assessment, and a 1-year ignition interlock requirement. You have 10 days from the Notice of Intent to Revoke to request a refusal hearing. Requesting one does two concrete things: it pauses the revocation until a judge rules, and it can put the arresting officer under oath early — sworn testimony your defense can measure the case against before the OWI charge itself is decided. The hearing’s scope is narrow, but those benefits make it one of the first things we evaluate in every refusal case.

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 New Berlin OWI arrest are the ones that matter most. 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.