(715) 246-2211
(877) 362-7529
Wisconsin DUI Laws

Wisconsin DUI Laws

With summer quickly approaching, many are getting ready for upcoming vacations, graduation parties, 4th of July celebrations, and outdoor events.

Though summer presents an exciting time for getting together with friends and loved ones, it’s also reported to experience a higher percentage of drunk drivers than any other season.

Driving under the Influence (DUI), Driving While Intoxicated (DWI), and Operating while Intoxicated (OWI) are all terms you may have heard in passing. But they all carry serious penalties and consequences for your future. Depending on the state you live in, and whether or not this is your first—or fourth—offense, you may receive a fine and have your license revoked, or receive jail time.

Drunk Driving Laws in Wisconsin

To help you understand the potential consequences for drunk driving offenses in the state of Wisconsin, we’ve provided a guide below on what to expect:

First-time offenders

  • A first-time offense is usually a non-criminal traffic citation. This means no jail time may be assessed and a conviction will not be listed on the person’s criminal record.
  • If the first-time offender caused a motor vehicle accident and injury, or had a minor passenger in the car, the charge may become criminal, even though it is the person’s first offense. 
  • First-time offenses incur license revocations for six to nine months.
  • If the offender’s blood alcohol concentration (BAC) was a 0.15 or above, an ignition interlock device is required to be installed in all vehicles titled in the driver’s name.
  • Fines range from $150 – $300, not including costs. With costs, total monies owed can range from $800 – $1000.
  • If an accident or injury was involved, fines and license revocation periods are subject to increase.

Second-time offenders

  • A second offense that was committed more than 10 years after the first offense is essentially treated the same as a first offense.
  • A second offense within 10 years of a first offense is a criminal charge. It is classified as a misdemeanor.
  • Penalties for a second offense include a mandatory minimum jail time of at least 5 days, and up to 6 months in county jail. 
  • Fines range from $350 – $1100, not including costs. With costs, total monies owed can range from $1400 – $1600. 
  • License revocation ranges from 12 – 18 months.
  • An ignition interlock device is required to be installed in all vehicles titled in the driver’s name.
  • If an accident or injury was involved, or if a minor was in the vehicle, fines, jail, and license revocation periods are subject to increase.

Third-time offenders

  • An OWI third offense is a misdemeanor.
  • Conviction requires mandatory minimum jail time of 45 days, and up to 12 months in county jail. 
  • Fines range from $600 – $2,000, exclusive of costs. With costs, total monies owed can range from $1700 – $4000. 
  • License revocations range from 24 – 36 months. 
  • An ignition interlock device is required to be installed in all vehicles titled in the driver’s name.
  • If an accident or injury was involved, or if a minor was in the vehicle, fines, jail, and license revocation periods are subject to increase.

Wisconsin OWI Fourth Offenses and Above 

OWI’s fourth offense and above are considered felonies. They are subject to increased fines and prison time. They are also subject to permanent driver’s license revocation, without the option for an occupational license until 10 years from the date of conviction.

In addition to the above penalties, Wisconsin law requires that each person convicted of an OWI, no matter which level of offense, must submit to an Alcohol and Other Drug Abuse (AODA) assessment. 

The assessment involves an interview between the offender and a substance abuse counselor, as well as meetings with the offender’s family members to discuss drinking habits/drug use and abuse.  Once the assessment is completed, it will be used to create a Driver Safety Plan customized for each offender.  The Driver Safety Plan will outline the treatment, education, and sobriety testing required for each offender. This AODA assessment and follow-through with AODA recommendations is mandatory, and if not completed timely will result in further license revocation.  

Some counties have specialty OWI treatment courts, which focus on substance abuse treatment and sobriety, and allow for reduced penalties upon completion.

Need an Experienced Attorney for a Wisconsin DUI Charge?

If you’ve been arrested, or have been the victim of a vehicle accident or Wisconsin DUI charges, please call us at (715) 246-2211 to speak with one of our experienced attorneys.

As Wisconsin’s most skilled and successful personal injury law firm, we have built our reputation on what we achieve for our clients. We are committed to being your advocate, regardless of your circumstances. Located in New Richmond, we serve clients throughout western Wisconsin and Minnesota. To learn how we can help, contact us for a consultation.

DISCLAIMER: The Doar, Drill, and Skow blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported may come from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these types of situations choose to be represented by a law firm is a personal choice we respect.

Should you find any of the information incorrect, we
welcome you to contact us with corrections.

Scroll to Top