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Third OWI/DUI Penalties in Wisconsin

If convicted of a third offense OWI, you will immediately start serving jail time.

If you are arrested for OWI and have two prior alcohol-related driving convictions on your record, then you will be charged with a third offense OWI.

Wisconsin made a number of changes to its OWI laws in July 2010; adjustments to third offense OWI cases were the prime target of that legislation. Not only was the minimum jail sentence raised, but all third offense-and-higher convictions require you to start serving your jail sentence immediately following the sentencing hearing.

Jail Sentence: You face a minimum 45-day and maximum one-year jail sentence.

License Revocation and Penalty upon Conviction: You are subject to a minimum 24-month and maximum 36-month driver’s license revocation. That revocation will be extended by the amount of days in jail to which you are sentenced. If convicted, you will have to wait 45 days before obtaining your occupational license. If you are convicted of a Refusal as well, that waiting period will be longer.

Ignition Interlock Device (IID) Penalty

You face a minimum 12-month and maximum 36-month Ignition Interlock Device order if convicted of OWI third offense.

OWI Assessment Requirement

If convicted you will be required to complete the Alcohol and Other Drug Assessment at the appropriate and recommended alcohol or drug counseling facility.


At the third offense level, fines begin to increase based on a person’s blood alcohol concentration level.

Normally the offense is subject to a minimum fine of $600.00 and maximum fine of $2,000.00, plus various court costs. If your BAC was .17 or higher, those numbers are doubled ($1,200.00 – $4,000.00). If your blood alcohol concentration was between .20 and .249, the minimum and maximum fines are tripled ($1,800.00 – $6,000.00). If your blood alcohol concentration was .25 or higher, those amounts are quadrupled ($2,400.00 – $8,000.00).

What Happens on a Third Offense OWI with a Minor Passenger Under 16?

If at the time of the incident you have a minor passenger under the age of 16 in the vehicle, the penalties can be doubled and you will be charged with a Felony.

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