Wisconsin OWI DUI Laws

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The maximum prescribed legal BAC limit in Wisconsin is 0.08% per se
(effective from Sep 30th 2003)

(If you’ve been charged with Wisconsin OWI DUI, the law allows 10 days for your Wisconsin DUI OWI Lawyer to make a request for a Wisconsin Department of Transport (DOT) administrative hearing to save your driving license)

Wisconsin DUI is commonly referred to as OWI (operating while intoxicated / operating while impaired)

Wisconsin DUI OWI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Wisconsin it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in Wisconsin and implied consent laws are enforced.

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI - OWI - Drunk Driving in Wisconsin

Wisconsin is a state with a ten-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within ten years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

First OWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first OWI - drunk driving conviction in Wisconsin:

• $150 to $300 fine plus surcharges
• 6 to 9 months drivers license revocation (occupational drivers license available immediately)
• mandatory alcohol assessment/evaluation
• 6 demerit points

Second OWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second OWI - drunk driving conviction in Wisconsin:

• $350 to $1,100 fine plus surcharges
• 5 days to 6 months in jail
• 12 to 18 months drivers license revocation (occupational drivers license available after 60 days or after 12 months if 2 or more offenses within 5 years)
• mandatory alcohol assessment/evaluation
• vehicle immobilization or ignition interlock restriction
• 6 demerit points
• SR22 insurance requirement

Third OWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a third OWI - drunk driving conviction in Wisconsin:

• $600 to $2,000 fine plus surcharges
• 30 days to 1 year in jail
• 2 to 3 years drivers license revocation (occupational drivers license available after 90 days or after 12 months if 2 or more offenses within 5 years)
• mandatory alcohol assessment/evaluation
• vehicle immobilization or ignition interlock restriction if vehicle not seized
• 6 demerit points
• SR22 insurance requirement

After a third OWI conviction the convicted drivers permissible legal BAC limit will be lowered from 0.08% to 0.02%

Fourth OWI - Drunk Driving Conviction - FELONY

The penalty for a fourth OWI - drunk driving conviction in Wisconsin:

• $600 to $2,000 fine plus surcharges
• 60 days to 1 year in jail
• 2 to 3 years drivers license revocation (occupational drivers license available after 90 days or after 12 months if 2 or more offenses within 5 years)
• mandatory alcohol assessment/evaluation
• vehicle immobilization or ignition interlock restriction if vehicle not seized
• 6 demerit points
• SR22 insurance requirement

Fifth or sixth OWI - Drunk Driving Conviction - FELONY

The penalty for a fifth or sixth OWI - drunk driving conviction in Wisconsin:

• $600 to $10,000 fine plus surcharges
• 6 months to 5 years imprisonment
• 2 to 3 years drivers license revocation
• mandatory alcohol assessment/evaluation
• vehicle immobilization or ignition interlock restriction if vehicle not seized
• 6 demerit points
• SR22 insurance requirement

Seventh or eighth OWI - Drunk Driving Conviction - FELONY

The penalty for a seventh or eighth OWI - drunk driving conviction in Wisconsin:

• up to $25,000 fine plus surcharges
• up to 10 years imprisonment
• 2 to 3 years drivers license revocation
• mandatory alcohol assessment/evaluation
• vehicle immobilization or ignition interlock restriction if vehicle not seized
• 6 demerit points
• SR22 insurance requirement

Tenth or subsequent OWI - Drunk Driving Conviction - FELONY

The penalty for a tenth or subsequent OWI - drunk driving conviction in Wisconsin:

• up to $25,000 fine plus surcharges
• up to 12 years and 6 months imprisonment
• 2 to 3 years drivers license revocation
• mandatory alcohol assessment/evaluation
• vehicle immobilization or ignition interlock restriction if vehicle not seized
• 6 demerit points
• SR22 insurance requirement

Implied consent LAWS

It is a crime to refuse to submit to a chemical test in Wisconsin and implied consent laws are enforced

Penalties for refusing to submit to a chemical test in Wisconsin

In Wisconsin, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

FIRST CHEMICAL TEST REFUSAL

• 1 year drivers license revocation (occupational drivers license available after 30 days)
• SR22 insurance requirement

Second CHEMICAL TEST REFUSAL

• 2 years drivers license revocation (occupational drivers license available after 90 days or after 12 months if 2 or more offenses within 5 years)
• vehicle immobilization or ignition interlock restriction
• SR22 insurance requirement

Third and subsequent CHEMICAL TEST REFUSAL

• 3 years drivers license revocation (occupational drivers license available after 120 days or after 12 months if 2 or more offenses within 5 years)
• vehicle immobilization or ignition interlock restriction if vehicle not seized
• SR22 insurance requirement

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Wisconsin SR22 insurance (high Risk OWI DUI SR22 insurance)

Wisconsin auto insurance quotes ENTER ZIP CODE:

Wisconsin SR-22 auto insurance is usually required for a period of 3 years after a OWI - DUI - drunk driving - alcohol related driving conviction (except on a first conviction of OWI) and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE SR22 DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Wisconsin auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of Wisconsin

The minimum mandatory liability insurance coverage required in the state of Wisconsin for private passenger vehicles is (25/50/10). This equates to the following liability coverage:

• $25,000 bodily injury liability (BIL) per person
• $50,000 for two or more people in one accident
• $10,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE Case evaluation & consultation by local Wisconsin DWI / DUI Lawyer / Drunk Driving Attorney

OR

Protect your rights! Talk to a local DUI lawyer Wisconsin DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Wisconsin drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Wisconsin Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Wisconsin? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Wisconsin? • Does Wisconsin have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Wisconsin laws and procedures ? • When and how can you get your driver’s license reinstated in Wisconsin? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Wisconsin criminal defense attorney specialising in Wisconsin drunk driving laws today.

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Useful Wisconsin DUI Links:

DUI - OWI - Drunk Driving Laws in Wisconsin

Wisconsin Drivers Manual

Wisconsin SR22 Insurance Requirement

Wisconsin Department of Transport (DOT)

Wisconsin State Courts

Wisconsin Department of Insurance

Wisconsin OWI Lawyers

Wisconsin OWI discussion forum

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