Wisconsin’s OWI (DUI) Laws and the Penalties for a Conviction

Driving under the influence of alcohol or drugs (DUI)—which is called "operating under the influence" (OWI) in Wisconsin—is a criminal offense. An OWI conviction can result in serious consequences, including jail and a license suspension. The types and severity of the penalties depend mostly on the number of prior convictions the driver has.

Wisconsin's OWI Laws

Wisconsin prohibits a person from operating a vehicle while intoxicated (OWI) by drugs or alcohol. This prohibition includes any person who drives or operates a vehicle:

• with a prohibited blood alcohol concentration (BAC) (generally .08% or more)
• while "under the influence" of any substance that renders the person incapable of safely driving, or
• with any detectable amount of restricted controlled substances (such as methamphetamine) in the blood.

(Wis. Stat. § 346.63 (2025).)

What Is a Prohibited BAC?

A prohibited BAC is any BAC of .08% for most people, but it's .02% for a person with three or more prior OWI convictions or license suspensions for refusing a chemical test. Wisconsin also makes it illegal for a person driving a commercial vehicle to have a BAC of .04% or more. And drivers younger than 21 have lower limits. (See "Underage OWIs" below.) (Wis. Stat. §§ 340.01, 346.63 (2025).)

An OWI based on a specific amount of alcohol or substance in a person's body is called a per se DUI (OWI in Wisconsin). The amount of alcohol necessary to reach this BAC level can differ depending on the person's gender, body size, and the type of alcohol. With per se DUIs, it doesn't matter if the person actually appears impaired. The prosecution needs to show only that the person had a specific BAC or drug concentration.

What Does "Operate" Mean?

In Wisconsin, a person doesn't need to drive a vehicle to be convicted of OWI. The OWI statute defines operate as the "physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion." For example, sleeping in a vehicle with the engine running is sufficient to prove operation in a Wisconsin OWI case. (Wis. Stat. § 346.63 (2025); County of Milwaukee v. Proegler, 291 N.W.2d 608 (Wis. App. 1980).)

Penalties for a First OWI

Generally, an OWI is considered a first offense if the driver has no prior convictions within the past 10 years. A first OWI is a misdemeanor and carries:

• no jail time, unless the driver had a minor passenger (explained below)
• fines of $150 to $300, and
• license revocation of six to nine months.

A court also may order probation as a condition of its sentence. (Wis. Stat. §§ 343.30, 346.65 (2025).)

If the driver had a BAC of .15% or greater or refused alcohol testing in violation of the state's implied consent law, the judge will also order that the driver use an ignition interlock device (IID) for at least one year. (Wis. Stat. § 343.301 (2025).)

Penalties for a Second OWI

Generally, an OWI is considered a second offense if the driver has only 1 prior conviction within the past 10 years. A second OWI is a misdemeanor and carries:

• 5 days to 6 months in jail
• fines of $350 to $1,100, and
• license revocation of 12 to 18 months.

A court also may order probation as a condition of its sentence. (Wis. Stat. §§ 343.30, 346.65 (2025).)

For a second-offense DUI, the judge can order 30 days of community service instead of jail time. For all second offenders, the judge will also order that the driver use an IID for at least one year. (Wis. Stat. §§ 343.301, 346.65 (2025).)

Penalties for a Third OWI

Generally, an OWI is considered a third offense if the driver has two prior convictions that occurred within his or her lifetime. A third OWI is a misdemeanor and carries:

• 45 days to 1 year in jail
• fines of $600 to $2,000, and
• license revocation of 2 to 3 years.

A court also may order probation as a condition of its sentence. (Wis. Stat. §§ 343.30, 346.65 (2025).)

For a third offense, the judge will also order that the driver use an IID for at least one year. (Wis. Stat. § 343.301 (2025).)

Felony OWI Penalties

An OWI can be elevated to a felony under certain circumstances. Some of the most common are discussed below.

Fourth or Subsequent OWI

A fourth OWI is a class H felony and carries at least $600 in fines and a minimum of 60 days in jail. A fifth or sixth OWI is a class G felony and carries at least $600 in fines and a minimum of 18 months in jail. (Wis. Stat. § 346.65 (2025).)

Felony OWI Charges for Injuries and Deaths

When an OWI offender causes serious injuries to another person, it's known as "injury by intoxicated use of a vehicle." Convicted motorists are looking at class F felony charges and up to 12 years and 6 months in jail. (Wis. Stat. §§ 939.50, 940.25 (2025).)

Causing the death of another person while operating a vehicle under the influence is called "homicide by intoxicated use of a vehicle." A conviction is generally a class D felony and normally carries at least 5 years and up to 25 years in prison. (Wis. Stat. §§ 939.50, 940.09 (2025).)

Substance Abuse Treatment and Ignition Interlock

Some OWI penalties punish offenders for their choice to drive while intoxicated. But other penalties are more focused on preventing future OWIs and helping the offender avoid getting into legal trouble again.

Substance Abuse Treatment for OWIs

Every person convicted of an OWI in Wisconsin is required to submit to a drug and alcohol evaluation. This evaluation will be used to create a driver safety plan that outlines the treatment, OWI education, and sobriety testing required for the offender. (Wis. Stat. § 343.30 (2025).)

Hardship Licenses and Ignition Interlock

Any driver whose license is revoked for an OWI conviction can request a hardship or occupational license. Judges are permitted to issue one of these restricted licenses, which can be used only for travel related to work, school, or treatment purposes. (Wis. Stat. § 343.10 (2025).)

The use of an IID will be required for at least one year after the driver obtains either a hardship license or a reinstated driver's license. (Wis. Stat. § 343.301 (2025).)

Penalty Enhancements for Child Passengers and High BACs

If a driver has a high BAC or child passengers, the penalties for an OWI will increase.

For any OWI conviction that involved a passenger younger than 16 years old, the fine, jail time, and license revocation period will be doubled. A sentence for a first OWI will also include 5 days to 6 months in jail, and the fine will be $350 to $1,100. (Wis. Stat. § 346.65 (2025).)

A driver with a BAC of .17 to .199% will face doubled fines. The fine is tripled for a driver with a BAC of .20% to .249% and quadrupled for a driver with a BAC of .25% or greater. (Wis. Stat. § 346.65 (2025).)

Implied Consent and Refusal

Under Wisconsin's implied consent law, drivers are deemed to have consented to a chemical test of blood, breath, or urine. (Wis. Stat. § 343.305 (2025).)

A driver who refuses to comply with a lawful request to take a chemical test will face the following penalties:

• one-year license suspension for a first offense
• two-year license suspension for a second offense, and
• three-year license suspension for a third offense.

(Wis. Stat. § 343.305 (2025).)

Underage OWIs

Drivers who are younger than 21 years old can also be convicted of an underage OWI. Underage motorists caught driving with a BAC greater than .0% but less than .08% face a three-month license suspension and a $200 fine. (Wis. Stat. §§ 343.30, 346.63, 346.65 (2025).)

Plea Bargaining in OWI Cases

While a prosecutor is unlikely to outright dismiss an OWI charge—unless the court throws out evidence that's critical to prove the charge—Wisconsin law doesn't prohibit reducing an OWI charge to a lesser offense. Drivers arrested for OWI should consider speaking with an attorney about the possibility of pleading to a different charge with fewer penalties.