Wisconsin OWI
Drunk Driving, Wisconsin OWI, DWI, DUI

Legal Overview

Responding to public pressure for harsher drunk driving penalties, state legislators went straight to work to simplify the prosecutor's burden. A second offense was added to state statutes which is charged "IN ADDITION" to the OWI making it illegal to operate a motor vehicle with a prohibited alcohol concentration (AC). In most states, including Wisconsin, the PAC limit is .10. However, many states have lowered or are lowering this limit in recent years to .08 and less.

The Penalties

First Offense

In Wisconsin, the first offense is considered a civil offense. As a result, there is no possibility of jail time. There are, however, significant civil penalties, including:

• Fines of $650 - $900, plus costs and assessments;
• 6-9 month license suspension;
• Mandatory alcohol assessment, a driver safety plan and attendance and a victim impact panel all of which you pay for;
• Six points assessed against driver’s license
• Major traffic offense counted against driver’s license
• Court may order restitution

Second Offense

• Fines of $900-$2,000, plus costs and assessments;

• Imprisonment for not less than 5 days nor more than 6 months;

• 12-18 month license revocation;

• Mandatory alcohol alcohol assessment, a driver safety plan and attendance and a victim impact panel all of which you pay for;

• Six points assessed against driver’s license;

• Major traffic offense counted against license;

• Court may order restitution

After a second offense a driver may be eligible for an occupational license after 30 days to drive to and from work or school.

Third Offense

• Forfeiture of $1,200-$3,400, plus costs and assessments
• Imprisonment for not less than 30 days nor more than 1 year;
• 24-36 month license revocation;
• Mandatory alcohol assessment, a driver safety plan and attendance and a victim impact panel all of which you pay for;
• Six points assessed against driver’s license;

• Major traffic offense counted against license;

• Seizure and forfeiture of vehicle or ignition interlock device or immobilization of vehicle;
• Court may order restitution;

After a third offense a driver may be eligible for an occupational license after 90 days to drive to and from work or school.

• Forfeiture of $600-$2,000, plus costs and assessments;
• Imprisonment for not less than 60 days nor more than 1 year
• 24-36 month license revocation (5 years for those defined as a habitual
  traffic offender with a 2-year wait for an occupational license)
• 90-day waiting period to obtain occupational license
  · Mandatory alcohol assessment/driver safety plan
• Six points assessed against driver’s license
  · Major traffic offense counted against license
• Mandatory seizure and forfeiture of vehicle

Forfeiture of $600-$2,000, plus costs and assessments;

Imprisonment for not less than 6 months nor more than 5 years;

24-36 month license revocation (5 years for a habitual traffic offender with a 2-year wait for an occupational license);

90-day waiting period to obtain occupational license;

Mandatory alcohol assessment/driver safety plan;

Mandatory seizure and forfeiture of vehicle;

Six points assessed against driver’s license;

Major traffic offense counted against license

If you refuse to take a test to determine your blood alcohol level, the arresting officer will immediately confiscate your driver's license with a resulting one year loss of driving privileges. You may appeal this automatic revocation so long as a Petition is made within 10 days of your receipt of a Notice of Intent to Suspend. After a Petition is filed, an administrative review of the suspension will be held by a Department of Transportation hearing examiner within the 30 day period following the original notice. The issues at the administrative hearing are limited. After the hearing, the examiner will make a decision on whether the suspension should occur. If it is decided that a suspension should occur, you may seek a review of the decision by a circuit court judge. The judge also has the authority to stay the administrative suspension pending the court hearing.

A refusal may be justified if it is the result of a physical inability to submit to the test; or the actions of the arresting officer violate procedural law; or the refusal is otherwise reasonable.

You may qualify for an occupational license after sixty (60) days on a first offense.

Wisconsin Criminal Defense Center
Click here to go to the Wisconsin Criminal Defense Page

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