Wisconsin OWI Penalties Can Be Serious!

Facing Wisconsin OWI charges is frightening, and the penalties can be quite serious. Choosing a Wisconsin DUI lawyer who can help fight the charges or compete for a reduced penalty is an absolute must as soon as you’re charged with a Wisconsin drunk-driving offense.

Remember – Wisconsin Drunk-driving Penalties Vary

The consequences of a Wisconsin OWI charge can vary considerably depending on the county you’re in as well as the type of license you have. The law does change frequently, and if this is your first offense, the penalties may be slightly lower as well.

To review a breakdown of sentencing guidelines by county for Wisconsin drunk-driving laws, click here.

Naturally, the penalties you face may depend on the quality of the Wisconsin lawyers you retain. The right help can mean everything to your case.

¹ Generally, second offenses are counted within a 10-year period. Third and subsequent are counted within an individual's lifetime dating back to 1/1/89. [346.65(2)(b)-(e), 343.305(10)(b)3-4, 1997 Wis Act 237-s. 9348(2f)] The 10-year and lifetime periods are measured from the date of refusal or violation that resulted in conviction. [346.65(2c)]

² Absolute sobriety is mandatory for an occupational license for persons with two or more suspensions, revocations or convictions. [343.10(5)(a)(2)]

³ Persons with two or more suspensions, revocations or convictions counted under 343.307(1), must complete assessment and be in compliance with a driver safety plan to be eligible for an occupational license. [343.10(2)(e), 343.30(1q)(c)]

⁴ If repeat offender, every vehicle owned by the offender must be equipped with an ignition interlock device (IID). [940.09(1d), 940.25(1d)]

⁵ Fines, forfeitures, jail and revocation/suspension penalties are doubled for a person convicted of OWI if a person under 16 years of age was in the vehicle at the time of the offense. [343.30(1q)(b)4m, 343.305(10)(b)4m,(em), 343.31(3)(bm)4m,(c),(e),(f) and 346.65(2)(f),(3m)]

⁶ Fines, forfeitures, jail and revocations or suspensions are doubled if a pregnant woman is in the vehicle at the time the driver committed the offense. 343.31(3)(c),(f)]

⁷ Unless undue financial hardship would ensue, every vehicle titled or registered in the offender's name must be equipped with IID. Also, the offender's Class D operating privileges must be restricted to vehicles equipped with IID. [343.301(1)(a) and (2)(a)] While subject to IID order, offender is subject to 0.02 AC per se limit. IID restriction on operating privilege begins on date DOT issues the offender any operator's license and continues for one year or the period of revocation, whichever is longer [343.301(2m)]. No occupational license may be issued to an offender who fails to pay $50 IID Surcharge or who fails to comply with IID order.

⁸ Additional fees, assessments and surcharges also apply. [165.755(1), 302.46, 346.655(1), 757.05(1), 814.63(1), 814.65(1), 814.85(1), 814.86(1)]

⁹ If offense is committed while operating a commercial motor vehicle, then penalties include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd offense since July 1, 1987). [343.315(2)(a)(b)(c)]

¹⁰ Forfeitures and fines are increased for OWI offenses with AC of 0.17 or higher. [346.65(2)(g)]

¹¹ For the scale of demerit points for all traffic violations, see Trans 101.02, Wisconsin Administrative Code, and 343.32(2); newly licensed and unlicensed drivers may be subject to increased demerit points. [343.32(2)(bc)]

¹² Persons whose operating privileges have been suspended or revoked may apply for an occupational license to drive between home and work or school. [343.10]

¹³ Both drivers and passengers can be ticketed for the presence of an unsealed container of an intoxicating beverage in the passenger compartment of a vehicle. [346.935]

¹⁴ 2003 Wisconsin Act 97, no person may operate a motor vehicle with any detectable presence of a restricted controlled substance in his or her bloodstream. Violations are treated as OWI, and are subject to the same penalties as OWI.

¹⁵ Under the "Safe Streets" option, mandatory minimum jail sentences are reduced only if the person completes probation including alcohol and other drug treatment.

¹⁶ For 3rd or subsequent offense, pre-sentence release and stay of execution of jail or prison term is prohibited until after mandatory minimum time of confinement has been served, with exceptions for probation or legal cause. [969.01(2)(a)]

¹⁷ Period of license revocation begins on date of conviction and is extended by the number of days the offender is sentenced to jail or prison. [343.30(1r)]

¹⁸ Probation is a sentencing option, but offender must serve at least the mandatory minimum jail or prison term.

SOURCE: DOT-Bureau of Transportation Safety; DOT-Office of General Counsel