In Wisconsin, law enforcement use the term OWI (operating a vehicle while intoxicated) which is the same as a DUI (driving under the influence) in other states.
How much do you have to drink (BAC*) for a OWI/DUI in Wisconsin?
|
Under 21 |
.02% |
|
21 or older |
.08% |
|
Commercial |
.04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Wisconsin?
Wisconsin has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Wisconsin’s implied consent law.
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
1 year license revocation |
2 year license revocation (offenses must be within 10 years of each other) |
3 year license revocation (offenses must be within 10 years of each other) |
What is the minimum jail time?
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Minimum Jail |
No minimum jail term required |
5 days jail |
30 days jail |
Lookback Period: 10 years (Period of time that prior OWI/DUIs are relevant for sentencing
Can you plead to a lesser offense than OWI/DUI in Wisconsin?
A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Wisconsin, but it's possible a lawyer may be able to create a plea bargain for you.
First Wisconsin OWI Offense
1st Drunk Driving Conviction
- Fine – From $150 to $300
- License Suspension – From 6 to 9 Months
- Occupational License Possible
- SR22 Insurance Required
- Alcohol Assessment
More Information: First Offense OWI/DUI in Wisconsin
Second Wisconsin OWI Offense
2nd Drunk Driving Conviction
- Jail – From 5 Days to 6 Months
- Fine – From $300 to $1,100
- License Suspension – From 12 Months to 18 Months
- Occupational License – After 60 Days
- Occupational License – After 12 Months (If within 5 Years of 1st.)
- SR22 Insurance Required (For Occupational License)
- Vehicle May Be Immobilized or,
- Ignition Interlock Device Required
- Alcohol Assessment
More Information: Second Offense OWI/DUI in Wisconsin
Important Note from the Editor
While we strive to keep this information up to date and accurate, it's important to understand that it's based on your states legislature. Your local courts, judges, district attorneys office and even local law enforcement will have a huge impact on how the law is actually applied in any given case. No amount of legal information can replace the advice of a local attorney familiar with DUI cases in your area.
Third Wisconsin OWI Offense
3rd Drunk Driving Conviction
- Jail – From 30 Days to 1 Year
- Fine – From $600 to $2,000
- License Suspension – From 2 Years to 3 Years
- Occupational License – After 90 Days
- Occupational License – After 12 Months (If 2 Offenses within a 5 Year Period)
- SR22 Insurance Required (For Occupational License)
- Ignition Interlock Device or,
- Vehicle May Be Immobilized or,
- Vehicle May Be Seized
- Alcohol Assessment
More Information: Third Offense OWI/DUI in Wisconsin
Fourth Wisconsin OWI Offense
4th Drunk Driving Conviction
- Jail – From 60 Days to 1 Year
- Fine – From $600 to $2,000
- License Suspension – From 2 Years to 3 Years
- Occupational License – After 90 Days
- Occupational License – After 12 Months (If 2 Offenses within a 5 Year Period)
- SR22 Insurance Required (For Occupational License)
- Ignition Interlock Device or,
- Vehicle May Be Immobilized or,
- Vehicle May Be Seized
- Alcohol Assessment
Fifth or Sixth Wisconsin OWI Offense
5th or 6th Drunk Driving Conviction
- Jail – From 6 Months to 6 Years
- Fine – From $600 to $10,000
- License Suspension – From 2 Years to 3 Years
- Occupational License – After 90 Days
- Occupational License – After 12 Months (If 2 Offenses within a 5 Year Period)
- SR22 Insurance Required (For Occupational License)
- Ignition Interlock Device or,
- Vehicle May Be Immobilized or,
- Vehicle May Be Seized
- Alcohol Assessment
New Wisconsin Drunk Driving Laws
In 2010, Wisconsin enhanced penalties for those who refuse to submit to chemical testing when requested. This effectively makes Wisconsin an Implied Consent state.
2008 Changes to the Wisconsin OWI Law
1. Wisconsin Senate Bill 116 - Repeat Drunken Driving Offenders
Summary: Relates to repeat drunken driving offenders and providing a penalty, relates to a driver improvement surcharge. Please CLICK HERE to Read Bill.
2. Wisconsin Senate Bill 369 - DUI Occupational Driver Licenses
Summary: Relates to occupational licenses for certain offenders upon a subsequent violation within a specified time related to operating a vehicle while intoxicated, provides that the court may allow designated titled vehicles to remain free of an ignition interlock device to prevent a hardship to another person who may use that vehicle, provides that an offender may apply for an occupational license to allow the person to travel to employment and to school. Please CLICK HERE to read the Bill.
3. Wisconsin Assembly Bill 593 - Motor Vehicle Occupational Licenses
Summary: Relates to the issuance of motor vehicle occupational licenses after certain operating privilege suspensions related to drugs or alcohol. Please CLICK HERE to Read the Bill.
Drinking and Driving Laws in Wisconsin
Wisconsin Drunk Driving and Wet Reckless Laws - Nolo.com
The State of Wisconsin prohibits the operation of a motor vehicle by a driver that has a .08 percent or above blood alcohol concentration (BAC).The .08 BAC limit is the standard measurement used throughout the United States for the "impaired" driver. The State of Wisconsin has lower BAC limits for drivers of commercial vehicles (.04) and a Zero Tolerance for drivers under the age of 21 (or .02 BAC). Wisconsin's DUI law also prohibits the operation of a motor vehicle by drivers under the influence of controlled substances such as marijuana, cocaine, meth, inhalants and other intoxicants.
The first time you are arrested for drunk driving in the State of Wisconsin you will be fined up to $300 and your drivers license will be suspended for 6 months or more. If there was a driver under the age of 16 in the vehicle at the time of your arrest all penalties received will be doubled. You may be ordered by the court to pay an additional driver improvement surcharge of $355 in addition to your original fine.
The second time you are convicted of a DUI in Wisconsin you will be fined from $350-$1,100. You will also be sent to Jail for a minimum of 5 days or up to 6 months. Your drivers license will also be suspended for 1 year or more. If there was a driver under the age of 16 in the vehicle at the time of your arrest all penalties received will be doubled. You may be ordered by the court to pay an additional driver improvement surcharge of $355 in addition to your original fine. After your second conviction, all vehicles that have your name on the title or registration may be subject to immobilization or Ignition Interlock Device.
If you are arrested and convicted of drunk driving a 3rd time in the State of Wisconsin you will be fined from $600-$2,000. Your drivers license will also be suspended for 1 year or more. You will be sent to jail for a minimum of 30 days or up to 1 year. If there was a driver under the age of 16 in the vehicle at the time of your arrest all penalties received will be doubled. You may be ordered by the court to pay an additional driver improvement surcharge of $355 in addition to your original fine. After your second conviction, all vehicles that have your name on the title or registration may be subject to immobilization or Ignition Interlock Device.
How many drinks does it take to reach the legal limit in Wisconsin?
This question is often asked by drivers that want to know how many drinks they can have before they are considered legally impaired. Each individual has unique physical characteristics such as body weight, sex, body-fat percentage and others that contribute to a BAC score. There are charts and calculators that can be used as a reference, however these tools do not factor in all of the variables that apply to a blood alcohol concentration level.
The best answer is not to drink and drive . The State of Wisconsin has strict laws for drunk driving, and when you drink and drive in Wisconsin, you risk your freedom, finances and your future.
Drunk Driving Laws in Wisconsin
State of Wisconsin BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Wisconsin
The State of Wisconsin has an implied consent law that requires all drivers on the roadways of the State to submit to a chemical test of their blood breath or urine if an officer of the law believes that the driver of a motor vehicle is under the influence of drugs, alcohol or both. If you refuse to submit to such a test you will lose your drivers license for up to 1 year on your first refusal. The penalties and fines associated with refusing to submit to a field sobriety test are equal or greater than being convicted of a drunk driving offense.
More on Drunk Driving Laws, Penalties and Fines in Wisconsin
