Latest Article

Drunk Driving Fatalities Higher at Night

Understanding the dangers of drunk driving at night.

Wisconsin DUI Information

Drivers arrested in the State of Wisconsin for operating while intoxicated (OWI) will face severe OWI penalties including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

Wisconsin OWI defined

It is illegal in the State of Wisconsin for a person to drive or operate a motor vehicle while: (a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant which renders him or her incapable of safely driving 346.63(1)(a); or (b) Under the influence of an intoxicant, a controlled substance or any other drug to a degree which renders him or her incapable of safely driving; or 346.63(2)(a)2. (c) The person has a prohibited alcohol concentration; or (d) The person has a detectable amount of a restricted controlled substance in his or her blood.

Wisconsin Look Back or wash-out period: 10 years

If a driver’s second or third driving infraction occurs during the look back period the OWI penalties can be substantially increased.

Criminal OWI Penalties in Wisconsin

First OWI offense
(Misdemeanor)

  • Fines of $150 to $300 plus substantial court costs
  • No jail time required unless arrested with minor in the car
  • Drivers license revocation from six to nine months
  • Potential installation of an ignition interlock device
  • Alcohol assessment required
  • Points added to driver’s license

Second OWI offense
(Within 10 years)

  • Fines up to $1,100 plus substantial court costs
  • Five days up to six months in jail
  • Drivers license revocation for up to 18 months
  • Potential installation of an ignition interlock device
  • Alcohol assessment required
  • Points added to driver’s license

Third OWI offense
(Within 10 years)

  • Fines up to $2,000 plus substantial court costs
  • Fines can be double, tripled or quadrupled if your BAC is high
  • Forty-five days up to one year in jail
  • Drivers license revocation for two to three years
  • Mandatory installation of an ignition interlock device
  • Alcohol assessment required
  • Points added to driver’s license

4th OWI offense
(Within 10 years)

  • Fines up to $10,000 plus substantial court costs
  • Fines can be double, tripled or quadrupled if your BAC is high
  • One year in jail if the last OWI was more than five years ago
  • Up to six years in jail if the last OWI was less than five years ago
  • Drivers license revocation for three years
  • Mandatory installation of an ignition interlock device
  • Alcohol assessment required
  • Points added to driver’s license

Administrative Penalties in Wisconsin

Drivers in Wisconsin have given their implied consent to submit to a chemical test if they have been arrested for OWI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Wisconsin Department of Transportation (DOT) and are imposed regardless of whether the driver is ultimately convicted of OWI.

Drivers who refuse the chemical test will face the following administrative penalties:

-1st offense: Driver's license revoked up to one year and you must install an ignition interlock device.
-2nd offense: Driver’s license revoked for two years and you must install an ignition interlock device.
-3rd offense: Driver's license revoked up to three years and you must install an ignition interlock device.

To challenge an administrative suspension, drivers must request an administrative hearing by contacting the Wisconsin Department of Transportation. If you do not request a hearing within 10 days from the notice date (stated on the Notice of Intent to Revoke form) your license will be automatically suspended.

 

(Read more: - state laws )



Related Pages