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Drinking & Driving Laws
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Wisconsin Drunk Driving Laws

DUI Laws in Wisconsin

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Wisconsin Drunk Driving Fines & Penalties

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

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 2 Offenses within a 5 Year Period)
SR22 Insurance Required (For Occupational License)

Vehicle May Be Immobilized or,
Ignition Interlock Device Required
Alcohol Assessment

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

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

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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.

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Drinking and Driving Laws in Wisconsin

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

Other State of Wisconsin Information on this Website

Wisconsin Teen Driving Laws and Insurance Requirements