Wisconsin DUI
Penalty Calculator

A first-offense OWI in Wisconsin carries fines of $150–$300, jail time of none (1st offense is civil forfeiture), and a license suspension of 6–9 months. The BAC limit is 0.08%; for drivers under 21 the zero-tolerance limit is 0.02%.

Commercial drivers face a 0.04% limit nationwide.

A OWI charge in Wisconsin can be based on a per se violation (BAC at or above the legal limit) or on impairment — meaning an officer observed signs of intoxication regardless of BAC level. Drug-impaired driving, including prescription medications and marijuana, falls under the same statute.

Wisconsin law enforcement officers use standardized field sobriety tests, breathalyzer tests, and blood draws to establish impairment. Refusing a chemical test triggers separate penalties under Wisconsin's implied consent law.

OWI penalties in Wisconsin escalate sharply with each subsequent offense. The state uses a Lifetime lookback period to determine whether a new arrest counts as a first, second, or subsequent offense.

Prior convictions outside this window may not count for enhancement purposes, though some states have moved to lifetime lookback periods. Understanding where your case falls in this framework is critical to anticipating potential consequences.

Key reference: Wis. Stat.

§ 857.05.

Wisconsin's OWI (Operating While Intoxicated) cases are heard in Municipal Court or Circuit Court. Wisconsin allows sobriety checkpoints — they are constitutionally permitted but rarely used.

Wisconsin's first-offense OWI is unique: it is a civil forfeiture (not a criminal charge) for BAC 0.08–0.149% with no priors, fines of $150–$300 plus assessments. Only from the second offense does it become a criminal charge.

SR-22 is required for 3 years. Wisconsin requires completion of an Alcohol and Other Drug Abuse (AODA) assessment and treatment as conditions of license reinstatement.

Wisconsin's Ignition Interlock Device is required for all OWI convictions except first-offense BAC under 0.15%. Wisconsin's cannabis is not legal — DUID charges for cannabis impairment are based on observed impairment and blood testing.

Milwaukee County and Dane County (Madison) handle the most OWI cases.

A first-offense OWI in Wisconsin carries jail time of none (1st offense is civil forfeiture), fines of $150–$300, and a license suspension of 6–9 months. Wisconsin does not impose mandatory minimum jail time for a first-offense OWI, giving judges discretion to impose alternative sentences such as community service, probation, or alcohol education programs.

Beyond the statutory penalties, a first-offense OWI in Wisconsin carries significant collateral consequences. These include a permanent criminal record (in most states), dramatically increased auto insurance premiums ($3,000–$5,000+ annually for 3–5 years), mandatory alcohol or drug education classes (typically 12–36 hours), and potential impacts on employment, professional licensing, and child custody.

The total cost of a first-offense OWI — including fines, fees, insurance increases, legal costs, and lost wages — typically ranges from $10,000 to $25,000.

Most first-offense OWI cases in Wisconsin are classified as misdemeanors. Diversion or deferred adjudication programs may be available for first-time offenders, allowing the charge to be reduced or dismissed upon successful completion of court-mandated conditions.

These programs typically require substance abuse assessment, completion of a treatment program, community service, and a period of monitored sobriety. Eligibility varies by county and judicial district.

Penalties for a second OWI offense in Wisconsin are substantially more severe than a first offense. Mandatory minimum jail sentences typically apply, fines increase significantly, and license suspension periods are extended.

In Wisconsin, a second offense within the Lifetime lookback period triggers enhanced penalties that may include mandatory jail time, extended probation, and mandatory installation of an ignition interlock device. The court has less discretion to offer alternative sentencing for repeat offenders.

A third OWI offense in Wisconsin often crosses the threshold into felony territory. In Wisconsin, a third offense remains a misdemeanor with enhanced penalties, but a fourth offense is classified as a felony with potential state prison time.

Felony OWI convictions carry long-lasting consequences including potential loss of voting rights, firearm ownership restrictions, and severe employment barriers.

The lookback period in Wisconsin is Lifetime. This is the window during which prior OWI convictions count as "priors" for sentencing enhancement purposes.

Wisconsin uses a lifetime lookback, meaning any prior OWI conviction — no matter how old — counts as a prior offense for enhancement purposes. This is the strictest approach and means a person convicted decades ago faces enhanced penalties for any subsequent offense.

Wisconsin imposes enhanced penalties for aggravated OWI, which typically applies when the driver's BAC is 0.15% or higher — well above the standard 0.08% limit. An aggravated or "high BAC" OWI carries stiffer mandatory minimums, longer license suspensions, and in many cases mandatory jail time even for a first offense.

The elevated BAC level is considered strong evidence of extreme impairment and reckless disregard for public safety.

Beyond high BAC, other aggravating factors in Wisconsin can elevate a standard OWI charge. Driving under the influence with a minor child in the vehicle (typically under age 16) is a separate or enhanced offense in most states, often adding mandatory jail time and additional criminal charges such as child endangerment.

Causing bodily injury or death while driving under the influence elevates the charge to a felony in virtually every state, with potential prison sentences of 5–20+ years.

Other common aggravating factors include driving on a suspended or revoked license at the time of the OWI arrest, excessive speeding (typically 20+ mph over the limit), driving the wrong way on a highway, and fleeing from law enforcement. Each of these factors can independently increase the severity of the charges and penalties.

In some jurisdictions, multiple aggravating factors can stack, resulting in consecutive sentences.

A OWI arrest in Wisconsin triggers two separate license actions: an administrative license suspension (sometimes called Administrative License Revocation or ALR) imposed by the DMV, and a court-ordered suspension upon conviction. The administrative suspension takes effect shortly after arrest — often within 30 days — regardless of whether the criminal case has been resolved.

In Wisconsin, the first-offense administrative suspension is typically 6–9 months. Drivers may request an administrative hearing to challenge the suspension, but strict deadlines apply (usually 10–30 days from the date of arrest).

Wisconsin does not require an ignition interlock device (IID) for first-offense OWI convictions in most cases, though judges may order one as a condition of probation. For second and subsequent offenses, interlock requirements are typically mandatory.

The device costs $70–$150 for installation plus $60–$80 per month for monitoring.

Restricted or hardship licenses may be available in Wisconsin during the suspension period, allowing driving to and from work, school, medical appointments, and court-ordered programs. Eligibility for a restricted license often requires installing an ignition interlock device and providing proof of SR-22 (high-risk) auto insurance.

Driving on a suspended license after a OWI conviction is a separate criminal offense that can result in additional jail time, fines, and extended suspension.

Like all states, Wisconsin has an implied consent law — by operating a motor vehicle on Wisconsin roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if an officer has probable cause to believe you are driving under the influence. Refusing a chemical test triggers separate administrative penalties that are often more severe than the penalties for failing the test.

In Wisconsin, the penalty for refusing a chemical test on a first occurrence is 1-year license revocation.

Refusal to submit to testing is often used as evidence against the driver at trial. Prosecutors can argue that the refusal demonstrates consciousness of guilt — the driver knew they would fail the test.

Some states allow the jury to draw an adverse inference from the refusal. However, refusal also means there is no BAC evidence for the prosecution to present, which can make it harder to prove impairment.

This strategic calculation is one reason drivers sometimes refuse testing despite the administrative consequences.

Wisconsin law distinguishes between field sobriety tests and chemical tests under implied consent. Drivers can generally refuse field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) without triggering implied consent penalties.

The implied consent law applies specifically to evidentiary chemical testing — typically a breathalyzer at the station or a blood draw. Portable breath tests (PBTs) used roadside may also fall outside the implied consent framework in some jurisdictions.

Consult a Wisconsin DUI attorney immediately if you are facing refusal charges.

A DUI conviction carries long-term consequences beyond the immediate penalties. The Wisconsin Criminal Defense Cost Estimator breaks down attorney fees, bail bond costs, and total case expenses by charge severity so you can plan accordingly.

If you're wondering how long you have to file a related civil claim — for example, a personal injury suit arising from a DUI accident — the Wisconsin Statute of Limitations Lookup covers filing deadlines by cause of action. And if you are dealing with a prior DUI on your record, the Wisconsin Expungement Eligibility Checker explains whether your record may qualify for sealing or expungement under current Wisconsin law.

For help with your case, find a Wisconsin DUI attorney.