DUI & OWI Defense Lawyer in Waupun, WI

An OWI arrest in Waupun starts two clocks running at the same time. One is on your driver’s license. If you failed the test, the administrative suspension takes effect 30 days after the Notice of Intent to Suspend is issued — and you have only 10 days from that notice to request administrative review. If you refused, the clock runs from the Notice of Intent to Revoke, and you have 10 days to demand a refusal hearing. The second clock 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 name is OWI — along with drugged-driving allegations, throughout Waupun and the surrounding counties. We work from our Middleton office and appear wherever a Waupun case lands. Call 608-305-4518 for a free consultation before you talk to anyone else about your arrest.

OWI Attorneys in Waupun, WI

Attorney Stephen E. Mays has practiced law in Wisconsin since 1995 and defends OWI and criminal cases across the state. 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. Waupun is a working city — production, retail, and public-sector jobs anchor its economy — and an OWI conviction reaches straight into that livelihood, threatening the license a shift worker needs to get to work and the commercial credential a driver depends on. The details of the stop and the county line the case falls on both shape the defense from the first day.

An OWI lawyer earns the fee in the specifics — whether the stop was lawful, whether the field sobriety tests really show what the officer claims, whether the chemical evidence holds up under the Fourth Amendment, 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 Waupun, WI OWI Lawyers

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

• You refused a breath or blood test and were handed a “Notice of Intent to Revoke.” You have 10 days from that notice to request a refusal hearing in writing — miss it and you forfeit the statutory chance to contest the revocation.
• You took the test and the reading was over the limit. That brings a Notice of Intent to Suspend, and the administrative suspension takes effect 30 days after that notice is issued — with a 10-day window from the notice to request administrative review.
• 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 fell within the last 10 years. A third runs 45 days to a year, and from the third on, every prior counts for life. 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? Whichever way your case starts, you have just 10 days from your notice — a refusal hearing from the Notice of Intent to Revoke, administrative review from the Notice of Intent to Suspend — each clock anchored to its own notice.

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. Measured against that total, a serious defense review is inexpensive, and ours is free: 608-305-4518.

How OWI Cases Move Through Waupun’s Courts

Waupun sits on a county line, and that fact decides where your case is heard. Waupun sits predominantly within Dodge County, with a portion extending into Fond du Lac County. A criminal OWI arising on the Dodge County side is heard at the Dodge County Circuit Court, at 210 West Center Street in Juneau, which runs four circuit court branches. A criminal OWI arising on the Fond du Lac County side is heard at the Fond du Lac County Circuit Court, at 160 South Macy Street in Fond du Lac, which runs five branches. A civil first offense may be handled in municipal or circuit court depending on the citing agency — venue for a criminal case follows the county where the offense occurred.

A standard civil first offense may be handled in municipal or in circuit court, depending on which agency wrote the citation; that is never a foregone conclusion, and one of the first things we sort out is where your case will actually land. A second offense is generally charged as a crime when the prior fell within the 10-year window, and a third or subsequent offense is criminal, prosecuted through the circuit court by the county’s district attorney — which is one of the first things our Wisconsin OWI defense practice confirms.

The criminal track follows a set path. 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. That review is free — 608-305-4518.

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.

Waupun OWI Questions We Hear Most

Which county will my Waupun OWI case be heard in?

It depends on where the offense happened, because Waupun sits predominantly within Dodge County, with a portion extending into Fond du Lac County. A criminal OWI arising on the Dodge County side is heard at the Dodge County Circuit Court in Juneau; one arising on the Fond du Lac County side at the Fond du Lac County Circuit Court in the City of Fond du Lac. A civil first offense may be handled in municipal or circuit court depending on the citing agency. Criminal venue follows the county where the offense occurred — not your home address — so pinning down which court has your case is one of the first things we confirm.

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 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.

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 Waupun 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 Waupun on both sides of its county line. Mays Law Office, LLC — 6405 Century Ave STE 103, Middleton, WI 53562.