A Complete Guide to Wisconsin DUI/OWI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Wisconsin DUI/OWI Laws: From First Offense to Felony Charges

Introduction

Wisconsin is unique among states in that a first-offense Operating While Intoxicated (OWI), which is the term they use instead of DUI, is typically a civil forfeiture rather than a criminal offense, provided there are no aggravating factors. However, the penalties are still significant and escalate rapidly with subsequent offenses or aggravating circumstances, leading to mandatory jail time, substantial fines, lengthy license revocations, and required participation in substance abuse programs and Ignition Interlock Devices (IIDs). An OWI conviction in Wisconsin remains permanently on your record.

The General Framework of Wisconsin OWI Laws

In Wisconsin, it is unlawful for any person to drive or operate a motor vehicle while:

"Per Se" OWI (BAC $0.08%$ or more): Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more. For drivers with three or more prior OWI convictions, the legal limit is even lower: $0.02%$ .
Impaired OWI: Under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any other drug, or any combination, to a degree that renders the person incapable of safely operating a motor vehicle. This applies even if the BAC is below $0.08%$ if impairment is evident.
Presence of Controlled Substances: Having a detectable amount of a restricted controlled substance in their blood.

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Operating a Motor Vehicle: This includes being in "actual physical control" of a vehicle, even if it's not moving.

Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more.
Drivers Under 21 (Zero Tolerance Law): Any detectable amount of alcohol ( $0.00%$ BAC is the practical standard). If an underage driver's BAC is $0.08%$ or higher, they face adult OWI charges in addition to underage penalties.

Implied Consent Law and Administrative Penalties

Wisconsin has an implied consent law (Wis. Stat. § 343.305). By driving on Wisconsin's public roads, you automatically consent to one or more tests of your breath, blood, or urine to determine the presence and quantity of alcohol or drugs if requested by a law enforcement officer who suspects you of OWI.

Refusal to Test: Refusing a chemical test after a lawful OWI arrest carries immediate and severe administrative penalties from the Wisconsin Department of Transportation (DOT), separate from any court conviction for OWI. Refusal is also a separate offense and can be used as evidence against you in court.

First refusal: 1-year license revocation and mandatory Ignition Interlock Device (IID) installation.
Second refusal (within a specified look-back period): 2-year license revocation and IID requirement.
Third or subsequent refusal: 3-year license revocation and IID requirement.

You generally have 10 days from the arrest to request a hearing to challenge the refusal revocation. It's important to note that refusing a preliminary breath test (PBT) at the roadside is usually not subject to these penalties, but refusing the evidentiary test at the station is. You do not have a right to speak to an attorney before deciding whether to submit to the chemical test.

Wisconsin OWI Statistics (2023)

Impaired driving remains a serious problem in Wisconsin.

In 2023, there were 5,976 alcohol-related crashes, resulting in 159 fatalities (more than one-quarter of all traffic fatalities) and 3,580 injuries.
Someone was killed or injured in an alcohol or drug-impaired crash about every two hours in Wisconsin in 2023.
There were 18,645 OWI convictions in Wisconsin in 2023.
Lifetime OWI conviction data shows a significant number of repeat offenders: as of 2023, 160,019 drivers had two OWI convictions, 64,327 had three, and over 27,000 had four or more.
Impaired driving crashes most frequently occur on weekends, particularly during late night and early morning hours.

Penalties for OWI in Wisconsin

Wisconsin uses a 10-year "look-back" period for determining if an OWI offense is a repeat offense for enhanced penalties. However, OWI convictions are permanent on your driving and criminal record and cannot be expunged.

Alcohol and Other Drug Assessment (AODA): All OWI offenders are required to undergo a mandatory AODA. Based on this assessment, a Driver Safety Plan is created, which may include required education programs or substance abuse treatment. Completion of the AODA and adherence to the Driver Safety Plan are mandatory for license reinstatement.

Ignition Interlock Device (IID): IIDs are a common penalty in Wisconsin, particularly for higher BACs on a first offense and mandatory for all repeat offenses. The offender is responsible for all costs associated with installation, monthly monitoring, and removal. An IID must typically be installed in all vehicles owned by the offender.

First Offense OWI (Civil Forfeiture, unless aggravating factors)

Fines: $150 to $300, plus a $435 OWI surcharge and other court costs (totaling around $800-$1,000).
Jail Time: No mandatory jail time, unless an aggravating factor is present (see below).
License Revocation: 6 to 9 months.
IID: Mandatory for 12 months if BAC was $0.15%$ or higher, or if there was a refusal.
AODA: Mandatory assessment and compliance with recommended Driver Safety Plan.
Occupational License: Generally eligible for an occupational license (restricted driving for work, school, etc.) immediately, provided IID is installed if required.
SR-22 Insurance: May be required for high-risk driver status.

Aggravating Factors for First OWI:

OWI with passenger under 16: Becomes a criminal misdemeanor offense.
- Up to 6 months in jail.
- Fines from $350 to $1,100 (plus surcharge).
- License revocation up to 18 months.
- IID for up to 2 years.
OWI Causing Injury: Becomes a criminal misdemeanor.
- 30 days to 1 year in jail.
- Fines up to $2,000.
- License revocation 12 to 24 months.
- Penalties double if the injured person was under 16.
OWI Causing Great Bodily Harm: Class F Felony.
- Up to 12.5 years in prison.
- Up to $25,000 in fines.
- License revocation of 24 months.
Homicide while OWI (no prior OWI): Class D Felony.
- Up to 25 years in prison.
- Up to $100,000 in fines.
- License revocation of 5 years.

Second Offense OWI (within 10 years - Misdemeanor)

Jail Time: Mandatory minimum 5 days, up to 6 months.
Fines: $350 to $1,100, plus substantial surcharges and costs.
License Revocation: 12 to 18 months.
IID: Mandatory for at least 1 year.
AODA: Mandatory, typically more intensive.
Occupational License: Eligible after a 45-day waiting period.

Third Offense OWI (within 10 years - Misdemeanor)

Jail Time: Mandatory minimum 45 days, up to 1 year.
Fines: $600 to $2,000, plus substantial surcharges and costs.
License Revocation: 2 to 3 years.
IID: Mandatory for 1 to 3 years.
AODA: Mandatory, typically comprehensive.
Occupational License: Eligible after a 45-day waiting period.

Fourth Offense OWI (within 10 years of third offense - Felony; otherwise, it can be a misdemeanor but with elevated penalties)

Prison Time: Mandatory minimum 60 days, up to 6 years in state prison.
Fines: $600 to $10,000, plus substantial surcharges and costs.
License Revocation: 2 years to lifetime (lifetime if within 15 years of the third offense).
IID: Mandatory for all owned vehicles.
AODA: Mandatory.
Occupational License: Possible after 10 years for lifetime revocation.

Fifth and Subsequent Offenses OWI (Felony)

Penalties continue to increase significantly for 5th, 6th, and 7th+ offenses, leading to longer mandatory prison sentences (e.g., minimum 3 years up to 12.5 years for 7th-9th offenses), higher fines, and extended or lifetime license revocations.

Other Significant Penalties:

High BAC Enhancements: Fines and jail/prison sentences can double (for BAC $0.17% - 0.199%$ ), triple (for BAC $0.20% - 0.249%$ ), or quadruple (for BAC $0.25%$ or higher).
Driving While Suspended/Revoked for OWI: Separate criminal offense with its own penalties, including potential jail time and further license suspension.
SR-22 Insurance: Often required for high-risk drivers, leading to significantly increased auto insurance premiums for years.
Collateral Consequences: Beyond legal penalties, an OWI conviction can have a profound impact on employment (especially for jobs requiring driving or a clean background check), professional licenses, school admissions, and international travel (e.g., entry into Canada).

Conclusion

Wisconsin's OWI laws are complex and harsh, even for a first offense, which can quickly become criminal with aggravating factors. The state's permanent record policy, escalating penalties for repeat offenses (especially with the 10-year look-back period for enhanced sentencing), and emphasis on mandatory IID usage and AODA programs reflect a strong commitment to combating impaired driving. Given the severe and long-lasting repercussions of an OWI conviction, anyone facing such charges in Wisconsin should immediately seek legal counsel from an experienced Wisconsin OWI defense attorney to understand their rights, navigate the legal process, and work towards the best possible outcome.

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