Wisconsin DUI Laws

Looking at OWI Charges in Wisconsin? Get Answers to your questions today!

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A Wisconsin drunk driving case can be extremely serious business. The state's OWI (Operating While Intoxicated) statutes include additional fines for all drunk driving convictions.

The choices you make in the wake of DUI charges can make a huge impact on your future. Get information early in the process. Talk to a Wisconsin OWI attorney to get answers to questions you might have about your case.

To arrange a consultation with a DUI lawyer near you today, simply fill out the free case evaluation form on this page or call toll-free 877-349-1311.

The penalties for OWI in Wisconsin, even if this is your first OWI charge, are serious. Refusing a breath test in Wisconsin means you could lose your driver’s license for one year.

Wisconsin Penalties for DUI and OWI

First DUI/OWI conviction

  • $150-300 in fines, plus $355 OWI surcharge
  • 6-9 months suspended license
  • Charge becomes a misdemeanor if a child under the age of 16 is present in the car at time of DUI arrest. This carries increased penalties, including increased fines and minimum jail time
  • Installation of ignition interlock device if blood alcohol content above .15

Second DUI/OWI conviction (within 10 years)

  • Minimum five days in jail, with a maximum six month sentence
  • $350-1,100 in fines, plus $355 OWI surcharge
  • 12-18 months suspended license
  • Installation of ignition interlock device

Third DUI/OWI conviction (any time)

  • Minimum 45 days in jail, with a maximum sentence of one year
  • $600-2,000 in fines, plus OWI surcharge of $355
  • Installation of ignition interlock device
  • 2-3 years suspended license

Fourth DUI/OWI conviction (any time)

  • Felony DUI charge for fourth conviction in five years
  • Minimum 60 days in jail, with a maximum sentence of one year
  • $600-2,000 in fines, plus OWI surcharge of $355
  • Installation of ignition interlock device
  • Potential vehicle seizure
  • 2-3 years suspended license

Fifth DUI/OWI conviction (any time)

  • Minimum six months in jail, with a maximum sentence of five years
  • $600-2,000 in fines, plus OWI surcharge of $355
  • Installation of ignition interlock device
  • Potential vehicle seizure
  • 2-3 years suspended license

* Per se BAC lowers to .02 for anyone required to use ignition interlock device

*Additional penalties, including increased minimum fines and jail time for fourth and fifth OWI in five years. Penalties also go up for further OWI arrests after fifth.

Breath Test Refusal Penalties

  • First refusal: One-year suspension of driver's license
  • Second refusal: Two-year license suspension
  • Third refusal: Three-year license suspension

A local DUI lawyer could answer questions you might have about the laws in Wisconsin or your specific DUI case. To speak with a DUI attorney near you today, fill out the free case evaluation form on this page or call us, toll free, at 877-349-1311.

Note: Laws may have changed since our last update. For the latest information on these DUI laws, speak to a local DUI lawyer in the state.

The Wisconsin DUI penalty list is by no means all-inclusive. DUI penalties may vary based on a variety of factors, including your prior driving record.

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