The Wisconsin DUI/OWI Criminal Process

The following is a general overview of the criminal process that occurs in an OWI case in Wisconsin. It is important to consult with and obtain an experienced attorney to represent you at each stage of the criminal process. For more information on the civil administrative aspect of an OWI charge, click on the Wisconsin Driving tab.

Wisconsin Criminal Procedure for DUI Cases

FIRST APPEARANCE/MISDEMEANOR ARRAINGMENT

The first court appearance following your arrest for OWI in Wisconsin is called a First Appearance/Misdemeanor Arraignment. At this hearing, you will go before a judge who will inform you of the criminal charges that have been filed against you, as well as the maximum penalties that you face. Depending on the county you are in, you may be asked to enter a plea. If you plead guilty, the judge will impose a sentence. If you plead not guilty, your case will be set for trial. Some counties do not require OWI offenders to enter a plea until after a pretrial conference has taken place.

In some cases, the judge may set a bond (bail) at the time of arraingment to ensure that you will appear at later court dates. Persons who are required to post a bond will be held in custody until the required amount of bond has been posted.

*NOTE - Felony OWI cases have a different process than misdemeanor cases. Persons charged with a felony offense will have a right to request a preliminary hearing at the initial appearance.

PRELIMINARY HEARING (FELONY)

Preliminary hearings are only conducted in felony OWI cases. At this hearing, the only issue is whether there is probable cause to believe that a felony OWI offense was committed, and that you were the person who committed the crime. Testimony from witnesses and alleged victims may be taken. If the court finds that no probable exists, the charges will be dismissed. If the judge finds that probable cause does exist, the case will be set for trial.

FELONY ARRAIGNMENT

Felony Arraignment hearings occur after a preliminary hearing has been conducted. At this hearing, the accused will enter a plea to the charges. The available pleas include: guilty, not guilty, and not guilty by reason of mental disease or defect. Bond issues may also be dealt with at this hearing. If a plea of not guilty is entered, the case will be set for trial. If the accused enters a guilty plea, the judge will impose a sentence.

PRETRIAL HEARING/PRETRIAL CONFERENCE

The purpose of a pretrial hearing is to update the court on the status of your case. Issues of discovery may be dealt with, as well as any problems with scheduling that may exist. A pretrial conference is an opportunity for your attorney to meet with the prosecutor to negotiate a plea. If a plea agreement is reached, it will be read to the judge and entered officially on the record. If no plea agreement is made, the case will proceed to trial.

PRETRIAL MOTION HEARINGS

If any issues exist in your case that need to be resolved prior to trial, your attorney will file a motion. The most common motions in OWI cases are motions to suppress certain evidence, such as chemical test results. A hearing regarding the motion will be held. At this hearing, testimony may be taken from witnesses and the police involved in your case. If a motion to suppress is granted, the evidence will not be admissible at your trial.

TRIAL

A first offense OWI in Wisconsin is not a Misdemeanor offense - instead, it is classified as a "civil forfeiture." As such, there is no right to a jury trial for a first offense OWI. A jury trial may be requested, however, so long as the request is written and timely submitted, and the offender pays the fee for a jury.

In misdemeanor and felony OWI cases, there is a right to a trial by a jury. The judge will preside over the case and resolve issues of law, while the jury will determine issues of fact and make the final determination as to the guilt or innocence of the accused. The verdict must be unanimous, or another trial with a new jury must be held. If a verdict of not guilty is reached, the case will be dismissed. If the jury returns a guilty verdict, then the case will proceed to sentencing.

APPEAL

A right to appeal a guilty conviction exists in Wisconsin. Written requests for an appeal to the higher courts must be made timely, however, or the right will be considered waived.