DUI & OWI Defense Lawyer in Verona, WI
DUI & OWI Defense Lawyer in Verona, WI
Verona sits under heavy traffic enforcement. The US-18/151 corridor, County Highway PD, and the streets around the Epic campus regularly put the Verona Police Department, the Dane County Sheriff’s Office, and the Wisconsin State Patrol on the same roads. Wisconsin calls the charge OWI; DUI and DWI are everyday names for the same offense. Mays Law Office defends these cases throughout Verona and Dane County from our office in Middleton, minutes up the road. In many cases you have only 10 days from your notice to protect your license — call 608-305-4518 for a free consultation before that window closes.
OWI Attorneys in Verona, WI
Attorney Stephen E. Mays has been practicing law in Wisconsin since 1995 and holds a 2025 Wisconsin Super Lawyer selection in DUI/DWI defense. His memberships include 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. A Verona OWI is a Dane County case — decided by local courts and local prosecutors — and knowing how those courts run matters when your license and record are at stake.
Good OWI defense is built from specifics: the lawfulness of the stop, the fairness of the roadside tests, the reliability of the chemical evidence, and every deadline protecting your driving privileges. That review begins with your first call.
When to Call Our Verona, WI OWI Lawyers
Some situations cannot wait. Contact us immediately if:
- You received a “Notice of Intent to Revoke” for declining a breath or blood test. You have 10 days to file a written request for a refusal hearing; without one, the revocation takes effect on its own 30 days after the notice.
- Your evidentiary test came back at or over the limit. The Notice of Intent to Suspend starts its own 10-day window to request administrative review — otherwise a 6-month administrative suspension begins 30 days after the notice was issued.
- This isn’t your first OWI. A second offense with a prior in the past 10 years is a crime carrying 5 days to 6 months in jail; a third carries 45 days to a year; a fourth is a Class H felony with 60 days to 6 years of imprisonment.
- A passenger under 16 was in the car. Even a first offense becomes a criminal misdemeanor: a $350–$1,100 fine and mandatory jail of 5 days to 6 months.
- Anyone was hurt. Injury to another person makes a first offense criminal; great bodily harm or death brings separate felonies with far more serious prison exposure.
- Your livelihood depends on a CDL. One OWI conviction — personal vehicle or not — disqualifies commercial privileges for a year; a second lifetime conviction disqualifies them permanently.
- Your test result was 0.15 or higher. On a first offense, that reading makes an ignition interlock order mandatory.
OWI Penalties in Wisconsin: What a Conviction Means
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. A stop on Verona Avenue follows the same grid as one anywhere else in Wisconsin.
What an OWI Really Costs
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 Verona and Dane County Courts
Verona’s court setup trips people up. The City of Verona runs its own municipal court at 111 Lincoln Street — a different court from the Western Dane County joint municipal court that serves the neighboring Town of Verona. A first-offense OWI written by the Verona Police Department inside the city goes to the Verona Municipal Court; a first-offense citation issued in the neighboring Town of Verona is handled by that joint municipal court instead.
In the Verona Municipal Court, a civil first-offense OWI is prosecuted by the city’s municipal prosecutor. If you contest it, the trial is a bench trial — the municipal judge decides, with no jury — and the city must prove the violation by evidence that is clear, satisfactory, and convincing, a civil standard below the criminal beyond-a-reasonable-doubt threshold. That difference in forum and burden shapes strategy from the first appearance.
Criminal OWI charges — repeat offenses, and any case involving a minor passenger or injury — bypass the municipal court entirely. They are filed at the Dane County Circuit Court, 215 S. Hamilton Street in downtown Madison, and prosecuted by the Dane County District Attorney’s office — the same courthouse that handles criminal OWI cases arising in Madison.
The enforcement side explains why Verona produces so many of these cases. The Verona Police Department belongs to the Capitol Area Task Force, running grant-funded, high-visibility OWI deployments aimed at intercepting impaired drivers leaving Madison on the highway corridors. Patrols concentrate on Verona Avenue, Epic Lane, and the US-18/151 off-ramps; the Sheriff’s Office and State Patrol work the same US-18/151 and County Highway PD corridors; and K-9 units are frequently brought to routine stops. If yours happened on one of those corridors, how and why it happened is the first thing we examine.
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 at no cost — 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 — that judgment is the core of our Wisconsin OWI defense practice, and the review is free: 608-305-4518.
Verona OWI Questions We Hear Most
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.
Which court will handle my Verona OWI?
It depends on the charge and who stopped you. A civil first offense cited by Verona police inside the city goes to the Verona Municipal Court at 111 Lincoln Street, decided by the municipal judge at a bench trial. A citation from the neighboring Town of Verona goes to the Western Dane County joint municipal court — a separate court. Any criminal OWI is filed at the Dane County Circuit Court in downtown Madison. The right strategy differs in each setting.
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.
I wasn’t impaired — can they still charge me for drugs in my system?
Yes. Wisconsin’s restricted-controlled-substance law is zero-tolerance: operating with a detectable amount of a restricted controlled substance such as cocaine, methamphetamine, or Delta-9-THC in your blood supports a charge regardless of whether you showed any actual impairment — the one narrow statutory exception is Delta-9-THC below one nanogram per milliliter of blood. And because Wisconsin does not recognize recreational or medical marijuana, a prescription or legal purchase in another state is not a defense.
How much will an OWI cost me in total?
Plan on thousands, not hundreds. Once surcharges, assessment, interlock, reinstatement, and insurance are counted, a typical first offense runs $4,000 to over $10,000 all-in — see the breakdown above. Your exact figures depend on the county, the vendor, and your insurer.
Get a Free Consultation
Se Habla Español — Call 608-305-4518
An OWI arrest in Verona starts two clocks — the court’s and the DMV’s — and the DMV’s runs out first. 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.
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.
