Wisconsin OWI DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of OWI DUI in Wisconsin
Wisconsin DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Wisconsin, the law allows only 10 days for a Wisconsin DUI Lawyer to make a request with the Wisconsin Department of Transport for a hearing to help save your drivers license.
What are the penalties for OWI DUI in Wisconsin?
The penalties for driving under the influence in Wisconsin will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
WI OWI Penalties
Wisconsin is a state with a 10 year 'washout period' also known as a 'look back period'
1st OWI Offense / Conviction - Civil Offense
The penalty upon conviction of a first OWI offense in Wisconsin:
- Fine: $150 to $300 fine + surcharges
- License Revocation: 6 to 9 months drivers license revocation (occupational drivers license available immediately)
Find out your eligibility for an occupational drivers license - mandatory alcohol assessment/evaluation
- 6 demerit points
INCREASED PENALTIES - BAC 0.15% or HIGHER
Ignition interlock devices (IID's) will be ordered for a minimum period of one year for every vehicle owned by / registered to the offender once driving privileges have been re-instated.
IMPORTANT NOTE:
If a minor under the age of sixteen is in the vehicle at the time of a first offense then the offense will become a criminal misdemeanor offense and will carry the same penalties as a second OWI offense
2nd OWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second OWI offense in Wisconsin:
- Fine: $350 to $1,100 fine plus surcharges
- Jail: 5 days to 6 months in jail
- License Revocation: 12 to 18 months drivers license revocation (occupational drivers license may be available after 45 days)
Find out your eligibility for an occupational drivers license - Ignition Interlock: ignition interlock restriction on all vehicles owned by or registered to the offender for a minimum period of 1 year once driving privileges have been re-instated
- mandatory alcohol assessment/evaluation
- 6 demerit points
- WI SR22 Insurance (proof of financial responsibility) Requirement
3rd OWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third OWI offense in Wisconsin:
- Fine: $600 to $2,000 fine plus surcharges
- Jail: 45 days to 1 year in jail
- License Revocation: 2 to 3 years drivers license revocation (occupational drivers license may be available after 45 days)
Find out your eligibility for an occupational drivers license - Ignition Interlock: ignition interlock restriction on all vehicles owned by or registered to the offender for a minimum period of 1 year once driving privileges have been re-instated
- mandatory alcohol assessment/evaluation
- 6 demerit points
- WI SR22 Insurance (proof of financial responsibility) Requirement
4th OWI Offense / Conviction
Misdemeanor (if last prior offense more than 5 years ago)
FELONY (if any prior offense within 5 years)
The penalty upon conviction of a fourth or subsequent OWI offense in Wisconsin:
- Fine: $600 to $10,000 fine plus surcharges
- Jail: 1 to 6 years imprisonment
- License Revocation: 2 to 3 years drivers license revocation (occupational drivers license may be available after 45 days)
Find out your eligibility for an occupational drivers license - Ignition Interlock: ignition interlock restriction on all vehicles owned by or registered to the offender for a minimum period of 1 year once driving privileges have been re-instated
- mandatory alcohol assessment/evaluation
- 6 demerit points
- WI SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in Wisconsin and implied consent laws are enforced
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
- License Revocation: 1 year drivers license revocation (occupational drivers license may be available after 30 days)
Find out your eligibility for an occupational drivers license - Ignition Interlock: ignition interlock restriction on all vehicles owned by or registered to the offender for a minimum period of 1 year once driving privileges have been re-instated
- WI SR22 Insurance (proof of financial responsibility) Requirement
Second CHEMICAL TEST REFUSAL
- License Revocation: 2 years drivers license revocation (occupational drivers license may be available after 90 days)
Find out your eligibility for an occupational drivers license - Ignition Interlock: ignition interlock restriction on all vehicles owned by or registered to the offender for a minimum period of 1 year once driving privileges have been re-instated
- WI SR22 Insurance (proof of financial responsibility) Requirement
Third and subsequent CHEMICAL TEST REFUSAL
- License Revocation: 3 years drivers license revocation (occupational drivers license may be available after 120 days )
Find out your eligibility for an occupational drivers license - Ignition Interlock: ignition interlock restriction on all vehicles owned by or registered to the offender for a minimum period of 1 year once driving privileges have been re-instated
- WI SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Wisconsin
The maximum legal BAC (blood alcohol content) limits in Wisconsin for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Wisconsin it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Wisconsin it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Wisconsin it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Wisconsin and implied consent laws are enforced.
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