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New Wisconsin OWI DUI penalties are in effect, including up to a lifetime driver’s license revocation for fourth and subsequent offenses.

Penalties for a first, second, third, or subsequent OWI conviction are harsh, and can vary from county to county.

Let the attorneys at Mishlove & Stuckert, serving clients throughout Wisconsin, explain...

Authorities in DUI and OWI Law

At Mishlove & Stuckert, LLC, Andrew Mishlove and Lauren Stuckert are two of fewer than 70 attorneys in the nation who are board-certified DUI defense lawyers. Their extensive training can help you achieve the best outcome in your case. Trust your case to authorities in DUI and OWI law.

An Introduction                             to OWI Penalties

Each OWI offense involves a substantial number of penalties. A comprehensive list of the penalties associated with each offense appears later on this page.

Fines

Fines start at $150 to $300, plus substantial court costs.  For example, a $150.00 fine plus court costs will be $811.50 for a first offense and can increase to tens of thousands of dollars with multiple offenses. A seventh offense, for example, can carry a fine of up to $25,000. All offenders are responsible for paying for court-mandated measures such as an ignition interlock device (IID) and other court expenses.
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Jail Time

In Wisconsin, first-time offenders usually do not face jail time unless they had a passenger under the age of 16 in the vehicle or injured someone. A second offense will carry a minimum sentence of five days and a maximum of six months. A third offense carries a minimum sentence of 45 days and a maximum sentence of one year in jail. A fourth offense is a felony with a potential for up to six years in prison and a lifetime driver’s license revocation if committed within 15 years of the third offense. Seventh and subsequent offenses carry mandatory long prison sentences.

Driver's License Suspension

A driver's license can be suspended for up to nine months following a first offense. A second offense can result in an 18-month revocation. A third offense carries up to a three-year revocation. Fourth and subsequent offenses carry up to a three-year revocation or a lifetime revocation if committed within 15 years of the prior offense.
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Hardship/Occupational License Availability

A first-time offender can immediately apply for an occupational/hardship license that permits restricted driving, usually to and from a job. Repeat offenders must wait 45 days before they can apply. For a fourth offense the law provides for a possible, but not automatic, occupational permit after no sooner than ten years.

Installation of an IID Device

For a first offense case with a chemical test of .15 and above, and for all other cases, an Ignition Interlock device (IID) must be installed in your vehicle. This applies to every vehicle that you own and every vehicle that you drive. The court may allow a vehicle to be exempt from the IID, but then you may not drive it. An IID device requires you to blow into the breath-test component before you can start the vehicle. If the device detects alcohol in your breath, the car won’t start.

A Criminal Record

If you are convicted of OWI DUI in Wisconsin it will always be on your record. A first offense OWI DUI in Wisconsin is not a criminal offense, although it is in every other state and in Canada. If someone was injured or if there was a minor child under 16 in the vehicle, it will be a criminal offense. All second or subsequent offenses are criminal. A fourth offense is a felony. If your record is important to you, then you should schedule a free initial consultation with us to determine how we can fight your case.

The Notice of Intent to Suspend Your License

In Wisconsin, if you have a breath test or a blood test over the legal limit (.08 for first, second and third offenses; and .02 for fourth and subsequent offenses), the police may issue a Notice of Intent to Suspend Operating Privileges. The notice serves as a temporary, 30-day license. Once you receive this notice, you must request an administrative hearing within 10 days. If you fail to request a hearing, you may lose your license before your OWI court date has arrived. So, if you had a breath test or a blood test come back over the legal limit, it is critically important to contact us right away!

The Notice of Intent to Revoke Your License

If the police believe that you have failed to consent or refused to give a breath or a blood sample (and even asking for an attorney might constitute a refusal) they will issue a Notice of Intent to Revoke Operating Privileges.  This document also has a ten-day time limit to demand a hearing or you will automatically lose your license. If you have a Notice of Intent to Revoke, then contact us right away!

Taking into consideration the embarrassing nature of being charged with a DUI and then not being able to focus on the importance of selecting an attorney to represent you………..What an uncomfortable situation! I was referred to Atty Mishlove by a friend who is an attorney in another state. His words were “why not go with the best?” “you deserve the best representation possible.” ”

- Cynthia

A Closer Look at OWI Penalties

1st Offense 2nd Offense

Fine: If this is the first time you’re facing OWI charges in Wisconsin, you will face a fine of $150 to $300, plus substantial court costs. For example, $150.00 plus court costs is actually $811.50.

Jail time: Unless there was a minor passenger or someone was hurt, a Wisconsin first offense OWI DUI carries no jail time.

License revocation: Your driver’s license will be revoked for six to nine months.

IID: If you have a blood alcohol content of .15 or higher, you will also have to have your vehicle equipped with an Ignition Interlock device, at your expense.

Restricted license: You are immediately eligible for an occupational license.

Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. It is very likely that you will be required to attend classes or go to treatment.

Fine: For a second offense, the fine can be from $350.00 to $1,100, plus substantial court costs.

Jail time: There is a minimum mandatory jail sentence of five days and a maximum jail sentence of six months.

License revocation: There is a driver’s license revocation of 12 to 18 months.

IID: Mandatory ignition interlock device.

Restricted license: You can’t apply for an occupational license until 45 days after conviction.

Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. It is very likely that you will be required to attend classes or go to treatment.

3rd Offense 4th Offense

Fine: For a third offense, the fine is from $600.00 up to $2,000, but this can be doubled at a .17, tripled at a .20, and quadrupled at a .25 alcohol level.

Jail time: You will serve a jail term of 45 days to a year.

License revocation: Your license will be revoked for two to three years.

IID: You must have an ignition interlock device installed.

Restricted license: You can’t apply for an occupational license until 45 days after conviction.

Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. It is very likely that you will be required to attend classes or go to treatment.

In Wisconsin, a fourth offense OWI DUI is a felony. 

Fine: The fine for a fourth offense OWI DUI is from $600.00 up to $10,000.00 plus court costs, but this can be doubled at a .17, tripled at a .20, and quadrupled at a .25 alcohol level.

Jail time: There is a minimum jail sentence of 60 days and a maximum prison time of six years, with a maximum period of initial confinement of three years.

License revocation: Lifetime revocation if it is within 15 years of the third offense. Otherwise, your license will be revoked for two to three years.

IID: You must have an ignition interlock device installed in every vehicle that you own, even if you are not allowed to drive.

Restricted license: You can apply for a discretionary occupational license after ten years.

Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. It is very likely that you will be required to attend classes or go to treatment.

5th & 6th Offense 7th, 8th & 9th Offense

Fine: The fine for a fifth or sixth offense OWI DUI is from $600.00 up to $10,000.00 plus court costs, but this can be doubled at a .17, tripled at a .20, and quadrupled at a .25 alcohol level.

Jail time: There is a minimum jail sentence of 60 days and a maximum prison time of six years, with a maximum period of initial confinement of three years.

License revocation: Two years to a lifetime revocation.

IID: You must have an ignition interlock device installed in every vehicle that you own, even if you are not allowed to drive.

Restricted license: You can apply for a discretionary occupational license after ten years.

Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. It is very likely that you will be required to attend classes or go to treatment.

Fine: The fine for a seventh, eighth, or ninth sixth offense OWI DUI is up to $25,000.00 plus court costs.

Jail time: There is a minimum jail sentence of three years and a maximum prison time of 12.5 years.

License revocation: Two years to a lifetime revocation.

IID: You must have an ignition interlock device installed in every vehicle that you own, even if you are not allowed to drive.

Restricted license: You can apply for a discretionary occupational license after ten years.

Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. It is very likely that you will be required to attend classes or go to treatment.

Tenth and Subsequent Offenses

Fine: The fine for a tenth or subsequent offense OWI DUI is up to $50,000.00 plus court costs.

Jail time: There is a minimum jail sentence of four and a maximum prison time of 15 years.

License revocation: Two years to a lifetime revocation.

IID: You must have an ignition interlock device installed in every vehicle that you own, even if you are not allowed to drive.

Restricted license: You can apply for a discretionary occupational license after ten years.

Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. It is very likely that you will be required to attend classes or go to treatment.

View the full OWI penalty chart from Wisconsin's Department of Transportation.

If you are facing a Wisconsin OWI DUI charge, the consequences may be serious.

Contact Mishlove and Stuckert, LLC for a free initial consultation.

Mishlove and Stuckert, LLC, is one of the country's most respected DUI firms. Andrew Mishlove and Lauren Stuckert are Wisconsin's only true NCDD-American Bar Association accredited DUI defense specialists. Our lawyers have more than 50 years of experience in achieving dismissals and reducing charges for clients that have been charged with drunk driving, driving under the influence of drugs, and other OWI charges. We have experience helping clients that have been charged with their first offense, as well as those with a history of OWI convictions.

Contact us online or call us in Wisconsin at:

(414) 206-6912

Mishlove and Stuckert

Circumstances that Can Increase OWI Penalties in Wisconsin: Causing an Injury while Intoxicated

On January 1, 2017, the definition of “injury” was expanded so that almost anyone in an accident with a drunken driver may claim an injury, even if they were not technically hurt.

If you cause a minor injury and you submit to chemical testing, you face fines of up to $2,000.00 plus costs,  and you could spend up to a year in jail - even if you have no prior offenses. Your license will be revoked for up to two years and, if you have a BAC of .15 or higher, you will have an IID installed in your car.

If you have any prior offenses or you refuse the chemical test, you face up to $10,000.00 in fines and up to six years in prison with the other penalties.

Those accidents that cause great bodily harm to the victim come with fines of up to $25,000.00. This includes any injury that creates a strong risk of death or causes some permanent damage like disfigurement, extensive loss or impairment of some part of the body or organ, or any other serious injury. These DUI accidents are considered a Class F felony, for which you can serve up to 12.5 years in prison. Your license can be revoked for two or more years. If you have a BAC of .15 or more or this is a repeat offense, an IID will be installed in your vehicle for up to two years.

Homicide by Intoxicated Use of a Motor Vehicle

OWI DUI homicides are the most serious kind of OWI DUI that a person can face.  Not only has an innocent victim died, perhaps even someone you knew, but you will face up to $100,000.00 in fines and up to 25 years in prison. For a second or subsequent OWI DUI homicide, the possible prison term increases to 40 years. Your license will be revoked for five years and you can’t apply for a hardship license until 120 days have passed. Repeat OWI offenders can’t apply for 12 months.

Annette Norstom

Annette Norstom

September, 2019

Lauren Stuckert changed my life.  She turned around what would have been the most difficult situation I would have to endure.  I wish I could put into words the feeling of gratitude I feel that she became an advocate for those unfairly charged.  She demonstrates strength and intelligence with grace and flair in the courtroom. Juries truly listen to her.  She knows exactly what she is doing and I highly recommend her!  She knows the law.  Have faith, there is help,  please reach out to Lauren at Mishlove & Stuckert.
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Dylan Radder

Dylan Radder

January, 2019

I had the privilege of working with andrew mishlove and his group. I could not be happier with the results and the amount of extra work they did to make sure I understood everything that was happening during the process. I would recommend them to anyone who has made a mistake that results in needing legal representation.
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Contact Mishlove and Stuckert, LLC for Help with Your Case

If you have been charged with an OWI DUI case in Wisconsin, contact us for a free initial consultation.  Our goal is to win the case so you can move forward with your life. Contact us online or call us in Wisconsin at:

(414) 206-6912

"Because of the knowledge and expertise of Mr. Mishlove, my felony 5th D.U.I. was reduced to a misdemeanor 4th. In addition, he argued for the minimum sentence for a 4th offense and we won. I had a few factors working to my benefit in the case, but without Mr. Mishlove the outcome would not have been possible. I would highly recommend his service for a D.U.I./ O.W.I. case."

- Steven

How an Attorney                       Can Help Your Case

An OWI can have far-reaching effects that devastate your finances, your career, and much more. Our attorneys can identify flaws in the case against you in order to minimize your penalties, or, in some cases, have the charges dropped altogether.

Did the Officer Have Reasonable Suspicion and Probable Cause?

It is possible that your rights were violated when you were stopped, arrested, or charged with OWI. We will investigate whether or not the arresting officer had reasonable suspicion and probable cause to pull you over and charge you with OWI.

Were OWI DUI Tests Administered Properly?

We will evaluate the manner in which any field sobriety tests, breath tests or blood tests were performed. If the officer or laboratory analyst failed to follow proper procedures, the results of these tests can be impeached and possibly even excluded as evidence in your OWI case.
 

Were Lab Protocols Followed?

Lab technicians are required to follow certain procedures when taking and storing urine or blood in OWI cases. Failure to follow these protocols can result in faulty records or inaccurate results.

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak to one of our board-certified DUI defense specialists, request a consultation online or call us at (414) 332-3499.

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"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world. He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."

Ronald S.

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