Madison OWI Suspect Bites Officer During Arrest

 Posted on May 21, 2025 in DUI/OWI

Madison police officers were notified of a driver "slumped over" in his car in traffic around 10:00 p.m. Although the car was initially seen near West Dayton and North Park Streets, it was later found on Brown Quail Court in a parking lot.

Officers stated the subject showed signs of intoxication, but during the arrest, the 26-year-old man bit one of the officers, causing soft tissue damage. The man was arrested and charged with a second offense OWI, resisting arrest, battery to law enforcement, and a variety of traffic citations.

Although DUI is used as a general reference to impaired driving, in Wisconsin, the offense is generally called Operating While Intoxicated (OWI). While OWI, particularly a second, third, or subsequent offense, comes with serious penalties, in this case, the penalties will be significantly compounded because of the charge of battery to law enforcement and resisting arrest.

If you are facing OWI charges, you need a strong advocate in your corner who will defend your charges aggressively and look for holes in the prosecutor’s case. Having an experienced Walworth County, WI OWI attorney by your side can potentially make a significant difference in the outcome of your charges.  

What Are the Penalties for a Second OWI in Wisconsin?

While a first OWI in Wisconsin is classified as a civil violation, a second OWI becomes a misdemeanor criminal offense with mandatory jail time, fines, and the defendant’s driver’s license revocation. A person convicted of a second OWI could face up to six months in jail, maximum fines of $1,100, not including surcharges, and will lose his or her driver’s license for at least 12 months.

These penalties could increase if the person had a very high BAC or had a child under the age of 16 in the vehicle at the time of the OWI arrest. An Ignition Interlock Device (IID) will be required for 2-3 years on every vehicle owned or driven. Certain alternative sentencing options are available, but only when you have an attorney who acts quickly to reach a plea deal with the prosecutor.  

What Are the Penalties for Resisting Arrest and Battery to Law Enforcement?

Under Section 946.41, a person is prohibited from knowingly resisting or obstructing an officer who is acting in his or her official capacity. Resisting arrest could involve running from an officer, refusing to place one’s hands behind his or her back for handcuffing, kicking or moving arms and legs, or striking the officer with hands, feet, or a weapon. Minor physical resistance that causes no injury is a Class A misdemeanor with penalties of up to nine months in jail and fines as large as $10,000.

Battery to a law enforcement officer or firefighter is a Class H felony in the state, punishable by a maximum penalty of six years in prison, $10,000 in fines, or both. The six-year prison sentence breaks down into three years of initial confinement and three years of extended supervision (probation). As you can see, these are serious charges with serious consequences.  

Are There Valid Defenses to OWI Charges?

The defense for OWI charges will depend on the facts and circumstances surrounding the incident. OWI attorneys will look for a lack of reasonable suspicion to pull the driver over or a lack of probable cause to believe the driver was impaired enough to require a breathalyzer test. There are many issues associated with field sobriety tests and breathalyzer tests that can be leveraged to secure a not-guilty verdict, a positive plea bargain, or have the charges dropped altogether.  

Contact a Jefferson County, WI OWI Lawyer

If you are facing OWI charges or any other type of criminal charges, it is important to have a knowledgeable, experienced Waukesha County, WI OWI attorney from Bucher Law Group, LLC to help you through this difficult time. Attorney Bucher spent 20 years as the Waukesha County District Attorney and has litigated high-profile, extremely complex cases in the State, personally handling thousands of serious drug cases, hundreds of DUI/OWIs, and dozens of homicides. To schedule your free consultation, call 262-303-4916.