OWI to Reckless Driving Wisconsin: Is a Reduction Possible?

An OWI charge in Wisconsin isn’t just a legal matter; it can affect your license, job opportunities, insurance rates, and even your reputation in your community. For many, it’s one of the most stressful moments they’ve ever experienced, especially when it’s a first offense. But in certain situations, with the right details in your case and the right legal representation, there may be a path toward reducing those charges to reckless driving.

A reduction is not guaranteed, but it can be possible if there are issues with the traffic stop, field sobriety tests, or chemical testing procedures, or if your record and circumstances support a lesser charge. At Nero DUI Defense, OWI defense isn’t just a part of the practice; it’s the focus. 

Attorney Adam Nero and his team know how to scrutinize every element of a case, build effective defense strategies, and negotiate for better outcomes for clients across Wisconsin. Contact Nero DUI Defense today to discuss your case and find out if a reduction to reckless driving is within reach.

How Charge Reductions Work Under Wisconsin Law

In Wisconsin, charge reductions, such as dropping an OWI to reckless driving, are not automatic but can be achieved through strategic negotiation within the framework of state law. According to Wisconsin statutes, a prosecutor may seek to amend charges either before arraignment or later with court approval. The court will review the reasons for the proposed amendment and determine if it aligns with public policy, especially the interest in deterring impaired driving. 

Prosecutor Application vs. Plea Bargaining — What’s Different?

Prosecutor Application:

• The prosecutor applies to the court to amend the charge, stating specific reasons for the change (such as new evidence, legal weaknesses, or public interest considerations).
• The court must approve the amendment, ensuring it meets statutory guidelines and public interest.
• Amendments may be made before or during trial, but after arraignment, court approval is always needed.

Plea Bargaining:

• Negotiations between the defense and the prosecutor, possibly leading to an agreement for a reduced charge in exchange for a guilty or no contest plea.
• Plea bargains can spare a defendant a trial and provide clearer outcomes, but always require a judge's approval and result in a conviction.
• The prosecutor has discretion to offer plea bargains, but the court ensures the amended charge is appropriate.

Notably, even if you’re facing a second or third OWI, seeking a reduction might still be possible, though less common and strongly dependent on the specifics of your case. Factors like lack of prior felony convictions, active efforts toward rehabilitation, and procedural errors by law enforcement can influence the court’s willingness to approve a charge reduction. Experienced legal representation can be crucial in highlighting these circumstances and advocating for the best outcome 

What is Reckless Driving in Wisconsin?

Under Wisconsin law, reckless driving is defined by Wis. Stat. §346.62 as operating a motor vehicle in a way that endangers the safety of others or property through negligent or reckless behavior. Specifically, the statute states: “No person may endanger the safety of any person or property by the negligent operation of a vehicle.” This broad definition means that a driver need not intend harm; actions such as excessive speeding, illegal passing, running red lights, aggressive maneuvers, or driving outside of designated lanes may fall under reckless driving if they place others at risk.

How Does Reckless Driving Compare to OWI?

While reckless driving still has consequences, it typically brings lighter penalties, less social and professional stigma, and a better chance of preserving job opportunities and community standing compared to an OWI conviction. The key is knowing if your case has the factors that can make a reduction possible, and why these charges, penalties, and consequences are preferred. 

When Prosecutors are Likely to Consider a Reduction

Prosecutors are generally more willing to consider reducing an OWI charge to reckless driving in Wisconsin when clear legal or factual weaknesses exist in the case. Common factors that make charge reductions more likely include issues with the legality of the initial traffic stop, mistakes in the administration or results of tests, and errors or gaps in the officer’s arrest and investigation reports. Prosecutors may also consider the defendant’s proactive steps toward rehabilitation or substance abuse treatment as a positive factor when deciding on a charge reduction.

Instances in which charges may be reduced:

• Illegal or improper traffic stop or arrest
• Lack of probable cause for arrest or chemical testing
• Calibration, administration, or procedural errors on breath tests
• Field sobriety test administration flaws
• Incomplete, inaccurate, or contradictory arrest reports
• No prior OWI offenses
• Low BAC levels at the time of arrest
• Absence of injury or property damage
• Active participation in treatment programs before court

Despite these factors, charge reductions from OWI to reckless driving remain uncommon in Wisconsin. The state’s statutes strongly encourage vigorous prosecution of OWI offenses, reflecting a public safety priority to deter impaired driving. Prosecutors are cautious and often reluctant to agree to reductions unless there are compelling circumstances that significantly weaken their case or justify leniency. Because of this, securing a reduction requires not only the presence of favorable facts but also skilled legal advocacy to present a persuasive argument that satisfies both the prosecutor and the court while still upholding community safety.

How an Attorney Increases the Chance of a Reduction

An experienced attorney plays a critical role in increasing the likelihood of reducing an OWI charge to reckless driving or securing alternative penalties. Your attorney will review every detail of your case, from the legality of the traffic stop and arrest to the administration and reliability of breathalyzer and field sobriety tests. By identifying procedural errors, violations of your constitutional rights, or weaknesses in the prosecution’s evidence, your attorney can file motions to suppress critical evidence or argue for lesser charges. 

Additionally, your attorney advocates on your behalf by presenting strong legal arguments, highlighting any mitigating circumstances such as your clean driving record or proactive steps toward rehabilitation, and negotiating plea agreements when appropriate. The right legal team not only defends your rights but also works strategically to seek reduced charges, which carry lighter consequences, or alternative penalties that protect your future and minimize the impact on your life. 

What to Do If You Are Charged with an OWI in Wisconsin

If you are charged with an OWI (Operating While Intoxicated) in Wisconsin, it’s important to understand what you can expect during the legal process to protect your rights and future. Once arrested, you’ll be brought to a police station for chemical testing to determine your blood alcohol concentration (BAC). The legal process typically begins with an initial court appearance where you will be formally charged and enter a plea. From there, your case may involve evidence gathering, negotiations with the prosecutor, pre-trial motions, and possibly trial. Throughout, the consequences you face depend on factors like whether it is your first OWI offense, your BAC level, and any aggravating circumstances such as injury or refusal of testing.

To put yourself on the best path toward potentially reducing charges, it’s essential to take immediate and informed steps:

• Hire an experienced OWI defense attorney promptly to review your case details
• Preserve evidence by documenting everything related to your arrest and testing
• Avoid making statements to law enforcement without your attorney present
• Comply with all court instructions and deadlines
• Attend all court and administrative hearings unless advised otherwise by your attorney
• Consider enrolling in substance abuse treatment proactively to demonstrate responsibility
• Do not refuse chemical tests at the scene if possible, as refusal carries automatic penalties

DMV/Administrative Issues to Consider

In addition to the criminal case, OWI charges involve important administrative issues related to your driver's license. Under Wisconsin’s implied consent law, refusal to submit to chemical testing or a failed test can result in immediate license suspension, independent of criminal proceedings. You may need to request a hearing with the DMV to challenge these administrative suspensions. Navigating both the legal and administrative facets of an OWI charge requires skilled guidance to protect your driving privileges and pursue any available charge reductions or alternative resolutions.

Contact Nero DUI Defense for a trusted case review

When the outcome of your OWI case could shape your future, having the right legal team in your corner is essential. Nero DUI Defense offers dedicated, personalized attention to each case, thoroughly reviewing the details to uncover possible avenues for charge reduction or alternative solutions. With deep experience and strategic insight into Wisconsin’s OWI laws, the team is prepared to stand by your side and advocate aggressively for your future. Don’t wait, connect with Nero DUI Defense today for a confidential assessment and take positive action toward safeguarding your driving privileges and reputation. 

FAQs

Can an OWI always be reduced to reckless driving?

No, an OWI charge cannot always be reduced to reckless driving. Wisconsin law makes reductions possible mainly when there are legal or factual weaknesses in the case, such as issues with the traffic stop, chemical testing errors, or lack of probable cause. Prosecutors must also approve the reduction, and courts must find it appropriate under public safety considerations. Reductions are more likely for first offenses without aggravating circumstances, but are not guaranteed and depend heavily on the specifics of each case.

Does a reduction remove all consequences?

No, a reduction to reckless driving does not remove all consequences. Reckless driving still results in fines, demerit points on your driving record, and potentially a license suspension, though these penalties are generally less severe than those for an OWI. It also carries less stigma on background checks and fewer long-term impacts on insurance and employment opportunities compared to an OWI conviction.

How long does the reduction process take?

The reduction process varies depending on the case, court schedules, and negotiations with prosecutors. Typically, the process begins shortly after charges are filed, with plea negotiations or motions occurring before trial. It can take several weeks to months to resolve a case with a reduction, especially if motions or hearings are required to challenge evidence or negotiate terms.

Does a reduction affect my driver’s license?

Reckless driving may still result in demerit points and short-term license suspension, but the severe license revocations, mandatory ignition interlock devices, and long suspensions typically associated with OWI convictions may be avoided if the charge is reduced. Administrative license issues occur separately and require careful attention with legal guidance.

How does having prior OWI offenses affect my chances of a reduction?

Multiple OWI offenses make reductions to lesser charges much less likely, but not impossible. Courts and prosecutors treat repeat offenses more harshly, though mitigating circumstances and legal challenges can still affect outcomes.

Will an OWI conviction increase my car insurance rates?

Yes, an OWI conviction typically causes a significant increase in car insurance premiums in Wisconsin. Insurance companies view an OWI as a high-risk factor, which can lead to rates increasing by 80% or more and sometimes even policy cancellation. The increased premiums often last for three to five years or longer, and you may be required to file an SR-22 form as proof of financial responsibility. Having expert legal help to reduce or dismiss OWI charges can help mitigate the impact on your insurance.