Wisconsin DUI / OWI Lawyers

Wisconsin DUI and OWI Laws, Fines and Penalties

The charge of Operating While Intoxicated (OWI) is a very serious charge in Wisconsin. In 2003, Wisconsin became the 43rd state to lower the legal blood alcohol content (BAC) to a level of 0.08%, which makes the OWI laws even tougher on those who drink and drive.

What are the penalties for a DUI/OWI in Wisconsin?

1st Offense 2nd Offense 3rd Offense 4th Offense 5th or 6th Offense
Jail None 5 days to 6 months 30 days to 1 year 60 days to 1 year 6 months to 6 years
Fines and Penalties $150 to $300 $300 to $1,100 $600 to $2,000 $600 to $2,000 $600 to $10,000
License Suspension 6 to 9 months 12 to 18 months 2 to 3 years 2 to 3 years 2 to 3 years
ID Required No Yes Yes Yes Yes

First Offense OWI/DUI in Wisconsin

  • First offense DUI/OWI convictions in Wisconsin carry no mandatory period of incarceration
  • Fines applicable to first offense convictions range from $150 to $300, but these fines do not include costs incurred during completion of other sentencing items, such as probation requirements, alcohol testing, or defensive driving courses
  • Alcohol assessment is required in all DUI/OWI cases in Wisconsin

Second Offense OWI/DUI in Wisconsin

A second DUI offense in Wisconsin or OWI (driving under the influence or operating while intoxicated) or “PAC” (prohibited alcohol concentration) carries strict penalties, fines, jail time and suspension or revocation of your driver’s license. Note: Driving with a suspended or revoked license is considered a crime in Wisconsin.  A second DUI in Wisconsin with a blood alcohol levelunder .08 is considered a misdemeanor. (A fourth OWI/DUI offense within 10 years is considered a felony in Wisconsin and the state will seize your car.)

Third Offense OWI/DUI in Wisconsin

The criminal penalties for a third offense OWI/DUI include:

  • A fine of $600 to $2,000 in addition to the $355 surcharge. The fine range is based upon the prohibited alcohol concentration or whether a minor was in the car.  In some cases you may have to pay more than even $6,000 if your blood alcohol content was "excessive" .
  • Confinement (jail time) of 45 days to one year (or 14 day minimum under the "Safe Streets" option).




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