DUI & OWI Defense Lawyer in Platteville, WI

DUI & OWI Defense Lawyer in Platteville, WI

An OWI arrest in Platteville starts two separate clocks the moment you drive away from the stop. One runs on your license. If you refused the test, you have 10 days from the Notice of Intent to Revoke to request a refusal hearing; if you failed it, you have 10 days from the Notice of Intent to Suspend to request administrative review. Let the window pass and the administrative suspension takes effect on its own 30 days after that notice 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 Platteville and Grant County. We work from our Middleton office and appear where Grant County cases are decided. Call 608-305-4518 for a free consultation before you say anything to anyone else about your arrest.

OWI Attorneys in Platteville, WI

Attorney Stephen E. Mays has practiced law in Wisconsin since 1995. He is a former member of the National College for DUI Defense and an original member of the Drunk Driving Roundtable, and he has litigated OWI cases at the municipal, circuit, appellate, and Wisconsin Supreme Court levels. Platteville is a college town, and that shapes the OWI cases that come out of it: younger drivers face rules that do not apply to everyone else, and the stakes on a first arrest are easy to underestimate. Understanding both the criminal charge and the license side of the case matters from the first day.

An OWI lawyer earns the fee in the details — whether the stop was lawful, whether the field sobriety tests actually show what the officer claims, whether the chemical test held up, and whether every deadline that protects your license was met. Those are the questions a case needs answered from the start.

When to Call Our Platteville, 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 the revocation.
  • 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 that notice to request administrative review — otherwise a 6-month administrative suspension takes effect 30 days after the notice is issued.
  • You are under 21. Wisconsin holds drivers under 21 to absolute sobriety under § 346.63(2m): any measurable alcohol can carry license consequences, even below the 0.08 limit that applies to older drivers.
  • 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. 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

Wisconsin prosecutes drunk driving as OWI — DUI and DWI are the search terms, not separate charges. (A single stop can also produce a companion PAC count for the alcohol concentration itself; a driver found guilty of both is sentenced on one conviction.) Penalties climb with each prior:

  • First offense. Civil forfeiture, not a crime. $150–$300, plus the mandatory $435 surcharge. No jail. License revoked 6–9 months.
  • Second offense. Generally a criminal misdemeanor if the prior happened within 10 years. Jail: 5 days to 6 months.
  • Third offense. Jail: 45 days to 1 year. From here on, priors count for life — earlier OWIs, refusal revocations, OWI-related injury convictions, and qualifying out-of-state convictions all come back into play.
  • Fourth offense. Class H felony. 60 days to 6 years of imprisonment.
  • Minor under 16 in the car. Even a first offense becomes a criminal misdemeanor: a $350–$1,100 fine and 5 days–6 months in jail.
  • Ignition interlock. Required in three situations only: a test refusal, a first offense with a BAC of 0.15 or higher, or a repeat offense.
  • Your license. Revocation accompanies every conviction. An occupational license can cover work, school, and treatment driving — but eligibility is not automatic. It depends on your suspension type, interlock status, the rest of your driving record, and DMV approval.
  • Deadlines. Refused the evidentiary test? 10 days from the Notice of Intent to Revoke to request a refusal hearing. Failed it (the station breath or blood test, not the roadside PBT)? 10 days from the Notice of Intent to Suspend to request administrative review.

Miss a deadline and the license consequences run on autopilot.

The fine on the citation is the smallest number in an OWI case. Wisconsin adds a mandatory $435 surcharge to every conviction, and the required alcohol and drug assessment typically runs $165 to $500 depending on the county. If an interlock is ordered, plan on roughly $50 to $150 to install it and $60 to $100 a month while the order lasts. Reinstating your license adds another $200, and SR-22 high-risk insurance keeps raising the price for years afterward. Add it together and a typical first offense lands between $4,000 and well over $10,000 all-in. Those are typical ranges, not quotes — your county, your vendor, and your insurer set the real numbers.

How OWI Cases Move Through Grant County Courts

Where a Platteville OWI is heard depends on the charge and on the agency that wrote the citation. A civil first-offense OWI may be handled in municipal court or in the Grant County Circuit Court, depending on which agency cited you — a distinction worth confirming early, because in municipal court the government’s burden is only “clear, satisfactory and convincing” evidence under § 800.08(3), a lower bar than the criminal standard. Any criminal OWI — a second offense within the 10-year window, a third or subsequent offense, or a first offense involving a minor passenger or injury — is filed in the Grant County Circuit Court.

The Grant County Circuit Court sits at 130 W. Maple Street in Lancaster, the county seat, and runs two branches. Lancaster, not Platteville, is where the county’s circuit cases are decided, so a criminal OWI arising in Platteville is heard about a half-hour up the road at the Lancaster courthouse. Our Wisconsin OWI defense practice prepares for that venue from the first call.

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 goes to trial, where the State must prove guilt beyond a reasonable doubt.

How We Defend OWI Charges

Prosecutors must build an OWI case in layers. Defending one means testing every layer:

  • The stop. Reasonable suspicion is required to stop you. Probable cause is required to arrest you. A defect in either may support a motion to suppress the resulting evidence.
  • Field sobriety tests. The three standardized tests are error-prone. The validation research excluded people 65 and older and those 50 or more pounds overweight. Arthritis, inner-ear problems, leg injuries, cold, wind, wet pavement, footwear — each can produce false “clues.”
  • The breath number. For most drivers 0.08 is the line — drivers behind the wheel of a commercial vehicle, under-21 drivers, drivers under an interlock order, and anyone with three or more priors face stricter limits — and close readings invite challenge. Chemical-test reliability is a core defense front, and after you take the agency’s primary test you can request its alternative test free of charge, or arrange your own testing at your own expense.
  • The blood draw. Drawing blood is a Fourth Amendment search. In State v. Prado (2021), the Wisconsin Supreme Court struck down the presumption that an incapacitated driver consents. Exceptions like exigent circumstances can still justify a draw, but a warrantless draw without valid consent faces serious scrutiny.
  • The operation element. The State must prove you operated the vehicle — physically manipulated or activated the controls needed to put it in motion. Parked-car and sleeping-driver cases often turn on this element.
  • The license track. Refusal hearings and administrative reviews run parallel to the main case. Both carry 10-day request windows, each anchored to its own notice.

No single defense fits every arrest. The right one comes out of your reports, your video, and your facts — 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.

Platteville OWI Questions We Hear Most

Why would my Platteville OWI case be heard in Lancaster?

Because Lancaster is the county seat, and Grant County’s circuit court sits there — at 130 W. Maple Street, running two branches — not in Platteville. A civil first-offense citation may stay in municipal court or move to the circuit court depending on which agency wrote it, but any criminal OWI arising in Platteville is filed in the Grant County Circuit Court in Lancaster. That is about a half-hour drive from Platteville, and it is where we appear on Grant County cases.

I’m under 21. How is my OWI different?

Wisconsin holds drivers under 21 to absolute sobriety under § 346.63(2m): any measurable amount of alcohol can support action against your license, even a reading well below the 0.08 limit that applies to older drivers. An under-21 absolute-sobriety violation is not itself a countable OWI prior under § 343.307 — but it can still carry real license consequences, so it is worth handling carefully rather than paying and moving on.

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.

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 runs 10 days: from the Notice of Intent to Revoke to request a refusal hearing, or from the Notice of Intent to Suspend to request administrative review — each anchored to its own notice. Which situation you are in changes the strategy — it does not change the urgency.

Get a Free Consultation

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Whether this is a civil first offense or a felony repeat charge, the days right after a Platteville 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 represents clients across Wisconsin from our office in Middleton — including Platteville and Grant County. Mays Law Office, LLC — 6405 Century Ave STE 103, Middleton, WI 53562.

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Whether you need a trusted, competent criminal defense lawyer or OWI defense lawyer to take your criminal or DUI case and defend you, or you need a knowledgeable workers' compensation lawyer to handle your claim, we have the experience, the knowledge, and the compassion to find the right solution for you.

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