Second Offense OWI/DUI in Wisconsin

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A second DUI offense in Wisconsin or OWI (driving under the influence or operating while intoxicated) or “PAC” (prohibited alcohol concentration) carries strict penalties, fines, jail time and suspension or revocation of your driver’s license. Note: Driving with a suspended or revoked license is considered a crime in Wisconsin.  A second DUI in Wisconsin with a blood alcohol level under .08 is considered a misdemeanor. (A fourth OWI/DUI offense within 10 years is considered a felony in Wisconsin and the state will seize your car.)

Administrative Penalties

A second DUI/OWI conviction in Wisconsin will result in a 12 to 18 month license revocation.

Criminal Penalties

A person convicted of a second DUI/OWE may face:

  • Fines ranging from $350.00 to $1,100, plus court costs. There is also a surge fine of $355.00. Penalty guidelines vary by county.
  • Probation
  • Minimum five days to maximum six months jail time
  • Mandatory attendance of an alcohol treatment program
  • Installation of an ignition interlock device (IID) for 12 to 18 months

Factors affecting sentence. The Wisconsin courts look at the following when determining fines, penalties and jail time:

  • The person’s driving record for the last 10 years
  • Whether or not a child under 16 was in the vehicle
  • If a car accident was involved or whether someone was seriously injured or killed
  • If a person has been convicted two or more times within a 10 year period, the court may revoke that person’s driving privileges for not less than one year and not more than 18 months. The court can extend the revocation by the total number of days the person is sentenced to jail or prison.

Plea Options

Plea options in Wisconsin include pleading guilty or no contest to a lesser reduced charge such as reckless driving not involving intoxication or pleading guilty to traffic infractions such as speeding or illegal lane changes.

Updated by: , Attorney

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