An OWI conviction in Wisconsin can carry lasting consequences. Jail time, license revocation, ignition interlock requirements, insurance increases, and a permanent criminal record can affect your work, your finances, and your reputation.
If you believe something went wrong in your case, you may still have options. In Wisconsin, individuals can challenge an OWI conviction through a direct appeal or through post-conviction relief proceedings.
At Nero DUI Defense, we represent clients statewide in OWI appeals and post-conviction cases. Our practice is dedicated exclusively to DUI defense, and we bring focused experience to every stage of the process.
What Is an OWI Appeal in Wisconsin?
An OWI appeal asks a higher court to review legal errors that may have occurred in the trial court. Appeals do not involve new evidence or new witnesses. Instead, the appellate court reviews the existing record to determine whether mistakes affected the outcome.
Common grounds for a Wisconsin OWI appeal may include:
- Improper admission or exclusion of evidence
- Constitutional violations, such as unlawful traffic stops
- Errors in jury instructions
- Incorrect application of sentencing laws
- Insufficient evidence to support the conviction
Wisconsin sets strict timelines for filing an OWI appeal. In most cases, you must file a Notice of Intent to Pursue Postconviction Relief within 20 days of sentencing. After that, you or your attorney generally have 60 days to file the postconviction motion or notice of appeal once the trial transcripts are prepared. Missing these deadlines can permanently waive your right to challenge the conviction.
Because appeals focus on legal arguments and written briefs, they require a deep understanding of OWI law, appellate procedure, and constitutional principles. Working with an experienced Wisconsin OWI appeals attorney ensures that all filing deadlines are met and your case is properly prepared for review.
What Is Post-Conviction Relief in an OWI Case?
Post-conviction relief is a broader process that may occur before or after a formal appeal. In Wisconsin OWI cases, post-conviction motions often challenge what happened during the original proceedings.
These motions may seek:
- A new trial
- Sentence modification
- Withdrawal of a guilty plea
- Suppression of unlawfully obtained evidence
In some cases, post-conviction litigation focuses on whether trial counsel provided ineffective assistance. If a lawyer’s performance fell below professional standards and affected the outcome, the court may grant relief.
Post-conviction work is detailed and strategic. It often involves reviewing transcripts, police reports, body camera footage, chemical test records, and expert testimony to identify legal errors or overlooked defenses.
Common Reasons to Challenge an OWI Conviction in Wisconsin
Not every conviction qualifies for appeal or post-conviction relief. You may be able to challenge your OWI conviction if your case included any of the following:
- Unlawful traffic stop without reasonable suspicion
- Improper field sobriety testing procedures
- Problems with breath or blood test accuracy
- Chain of custody issues with blood samples
- Failure to advise of constitutional rights
- Sentencing errors or miscalculated penalties
Wisconsin OWI law is technical and constantly evolving. Even small legal mistakes can make a difference when properly raised.
The Wisconsin OWI Appeals Process
The appeals process in Wisconsin generally follows several stages:
- Notice of Intent to Pursue Post-Conviction Relief: Filed shortly after sentencing.
- Post-Conviction Motion (if applicable): Filed in the trial court to preserve issues for appeal.
- Notice of Appeal: Initiates review by the Wisconsin Court of Appeals.
- Briefing: Written legal arguments submitted to the appellate court.
- Decision: The court may affirm, reverse, or remand the case.
Some cases may proceed to the Wisconsin Supreme Court if further review is granted.
Statewide Wisconsin OWI Appeals Representation
Nero DUI Defense handles OWI and DUI cases across Wisconsin. With experience in more than 60 counties, we are equipped to represent clients anywhere in the state.
Our firm is built on three principles:
- Exclusively Dedicated: We focus solely on DUI and OWI defense. That means our knowledge, training, and courtroom experience are concentrated in one area of law.
- Statewide Practice: From western Wisconsin to Milwaukee and Madison, we defend OWI cases throughout the state.
- Proven Winner: We prepare every case to perform at the highest level and pursue the best possible result for our clients.
Attorney Adam Nero is board certified by the National College for DUI Defense (NCDD). He is the only attorney in western Wisconsin to hold this distinction. Board certification requires advanced training, peer review, and a demonstrated record of excellence in DUI defense. When your freedom, record, and future are at stake, experience in OWI-specific litigation matters.
Talk With Nero DUI Defense About Your Wisconsin OWI Appeal
If you believe your OWI conviction involved legal errors, now is the time to act. Appeals and post-conviction proceedings move quickly, and early action preserves more options.
At Nero DUI Defense, every client’s story matters. We listen carefully, analyze the record thoroughly, and build focused strategies tailored to each case. Our practice is devoted exclusively to DUI defense, and we represent clients across Wisconsin.
Contact Nero DUI Defense today to discuss your OWI appeal or post-conviction case and learn what options may still be available to you.
Frequently Asked Questions About Wisconsin OWI Appeals
How long do I have to appeal an OWI conviction in Wisconsin?
Deadlines depend on the type of case and whether post-conviction motions are filed. In many cases, a Notice of Intent must be filed within 20 days of sentencing. Missing deadlines can eliminate your right to appeal.
Can I introduce new evidence during an OWI appeal?
No. Appeals are limited to the trial court record. New evidence is generally not considered. Certain post-conviction motions may allow factual hearings under limited circumstances.
Can I appeal if I plead guilty to an OWI?
In some situations, yes. You may seek plea withdrawal if there were constitutional violations, inaccurate information, or ineffective assistance of counsel. Each case must be evaluated individually.
Will an appeal automatically delay my sentence?
Not always. In many cases, penalties such as license revocation or incarceration may proceed unless a stay is granted by the court.
Is post-conviction relief worth pursuing in a Wisconsin OWI case?
That depends on the specific legal issues involved. If significant errors occurred, relief may reduce penalties, overturn a conviction, or lead to a new trial.
