An OWI attorney represents you if you are charged with operating a vehicle while impaired by alcohol or drugs

OWI stands for "Operating While Impaired" — the legal term used in some states for what others call DUI (driving under the influence) or DWI (driving while intoxicated). An OWI attorney is a criminal defense lawyer who handles cases involving impaired driving charges. Their job is to defend you in court, challenge evidence, negotiate with prosecutors, and work toward the best possible outcome for your case.

If you have been arrested or charged with an OWI, an attorney can explain what the charges mean, what penalties you face, what your options are, and what happens at each stage of the process. They can also tell you whether the police followed proper procedures during your arrest and whether the evidence against you is solid enough to hold up in court.

You do not have to hire a private OWI attorney — you can request a public defender if you cannot afford one — but understanding what an OWI attorney does can help you decide whether to seek one out and what to expect if you do.

Key Takeaways

  • An OWI attorney defends you against impaired driving charges and can challenge how police conducted your arrest, your breath or blood test, and the evidence prosecutors plan to use.
  • If you cannot afford a private attorney, you can request a public defender at your first court appearance or when you are booked into custody.
  • OWI cases often involve technical evidence like breathalyzer results and field sobriety tests, which an attorney can question or have excluded from trial.
  • An attorney can negotiate with the prosecutor to reduce charges, lower penalties, or arrange a plea deal that may keep an OWI off your permanent record.
  • The sooner you contact an attorney after your arrest, the sooner they can preserve evidence, request police records, and begin building your defense.

What happens after an OWI arrest

After you are arrested for OWI, you will be taken to a police station or jail for booking. During booking, police will record your personal information, take your photograph and fingerprints, and may ask you questions. You have the right to refuse to answer questions and to request an attorney at any point — it is wise to do both.

Within a set time (usually 24 to 72 hours depending on your state), you will have your first court appearance, sometimes called an arraignment or initial appearance. At this hearing, the judge will tell you what you are charged with, inform you of your rights, and set bail or release conditions. If you cannot afford an attorney, you can request a public defender at this hearing.

An OWI attorney — whether private or public — can attend this hearing with you, speak on your behalf, and begin gathering information about your case. They will also request police reports, dashcam or bodycam footage, breathalyzer calibration records, and any other evidence the prosecution has.

How an OWI attorney challenges the evidence

Much of an OWI case rests on specific evidence: breath or blood test results, field sobriety tests (like walking a line or following a pen with your eyes), and an officer's observations. An OWI attorney knows how to question whether this evidence was collected correctly.

For example, an attorney can challenge whether the breathalyzer machine was properly maintained and calibrated, whether the officer was trained to use it, and whether you were observed for the required time before the test (usually 15 minutes) to make sure you did not eat, drink, or vomit. They can also question whether a blood test was drawn by a may have access to person, whether the sample was stored correctly, and whether the lab that tested it followed proper procedures.

Field sobriety tests are subjective — they depend on an officer's judgment — and an attorney can argue that poor road conditions, your shoes, your health, or even nervousness affected your performance. If police did not read you your Miranda rights before questioning you, or if they violated other procedures during the arrest, an attorney can file a motion to have statements or evidence excluded from trial.

Negotiating with the prosecutor

Many OWI cases are resolved through negotiation rather than trial. An OWI attorney can talk with the prosecutor about reducing the charges, lowering the penalties you face, or arranging a plea deal. For example, a prosecutor might agree to reduce an OWI charge to a lesser offense like reckless driving, which carries different penalties and may not carry the same long-term consequences.

An attorney can also negotiate the terms of a plea agreement — for instance, whether you will have to install an ignition interlock device (a breathalyzer in your car), attend alcohol education classes, or serve jail time. They can argue for probation instead of incarceration, or for a shorter probation period.

The goal of negotiation is to reach an outcome that is better than what you would likely face if the case went to trial. An attorney can tell you honestly whether the evidence against you is strong or weak, and whether a plea deal makes sense in your situation.

The difference between a public defender and a private OWI attorney

A public defender is a lawyer paid by the state to defend people who cannot afford to hire their own attorney. Public defenders are trained criminal defense lawyers, and many have handled OWI cases. The main difference is that public defenders handle many cases at once and have less time to spend on each one.

A private OWI attorney is someone you hire and pay directly. Private attorneys often specialize in OWI cases, which means they focus on this type of charge and may have deeper knowledge of local prosecutors, judges, and how courts in your area handle these cases. Private attorneys typically have fewer cases and can spend more time on yours.

If you cannot afford a private attorney, a public defender is still a real attorney who can defend you in court, challenge evidence, and negotiate with prosecutors. If you have some money to spend, a private attorney who specializes in OWI may be worth the investment, but it is not required.

What an OWI conviction can cost you

An OWI conviction can result in fines, jail time, license suspension, probation, mandatory alcohol classes, and an ignition interlock device. The penalties depend on whether it is your first offense, whether anyone was injured, and the laws in your state. A second or third OWI carries much harsher penalties than a first offense.

Beyond the when ready legal penalties, an OWI conviction stays on your record and can affect your job, your ability to rent an apartment, your insurance rates, and your professional licenses. An attorney can sometimes negotiate to keep the conviction off your permanent record or to reduce the charge to something less serious, which is why getting legal representation early matters.

When to contact an OWI attorney

The best time to contact an OWI attorney is as soon as possible after your arrest — ideally before your first court appearance. The sooner an attorney is involved, the sooner they can request evidence, preserve dashcam or bodycam footage (which police departments sometimes delete after a set time), and begin building your defense.

If you have already had your first court appearance and were not represented, you can still hire an attorney or request a public defender at any point in the case. However, waiting longer means less time to prepare and fewer opportunities to challenge evidence before it is used against you.

You can find an OWI attorney by asking for referrals from friends or family, searching online for "OWI attorney" or "DUI attorney" in your area, or contacting your state or local bar association for a list of criminal defense attorneys. Many OWI attorneys offer free initial consultations, so you can talk to them about your case and their fees before deciding to hire them.

Frequently Asked Questions

Do I have to take a breath test or blood test after an OWI arrest?

You have the legal right to refuse a breath or blood test, but refusing often has consequences — your license may be suspended automatically, and the refusal itself can be used as evidence against you in court. An attorney can explain what refusing means for your specific case and whether it makes sense in your situation.

Can an OWI charge be dismissed?

Yes, if police violated your rights during the arrest, if the evidence was not collected properly, or if the prosecutor cannot prove the case beyond a reasonable doubt. An attorney can file motions to dismiss or to exclude evidence, and can argue at trial that the prosecution has not met its burden of proof.

What is an ignition interlock device?

An ignition interlock is a breathalyzer installed in your car that prevents the engine from starting if it detects alcohol on your breath. It is often required after an OWI conviction. You have to pay for the device and its monitoring, and you cannot drive a car without one during the period ordered by the court.

Will an OWI show up on a background check?

Yes, an OWI conviction will appear on background checks for employment, housing, and other purposes. Some attorneys can negotiate to have the charge reduced to a lesser offense or to have it removed from your record after a certain time period, depending on your state's laws.

How much does an OWI attorney cost?

Private OWI attorneys charge different fees — some charge an hourly rate, others charge a flat fee for the case. Costs vary widely by location and attorney experience. If you cannot afford a private attorney, you can request a public defender, which is free.