DUI Laws in Wisconsin (OWI)
Wisconsin uses the term "OWI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is Lifetime (all prior OWI convictions count regardless of when they occurred. 4th offense (lifetime lookback — all prior convictions count regardless of when they occurred). Below are the full details of Wisconsin's DUI laws and penalties.
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Overview
Wisconsin is unique among all 50 states because it is the only state where a first offense OWI (Operating While Intoxicated) is a civil traffic forfeiture rather than a criminal offense — meaning no criminal record, no jail time, and a maximum fine of approximately $300 plus surcharges for a standard first offense. However, this leniency disappears rapidly: a second offense is a criminal misdemeanor with mandatory jail time, and a fourth offense is a felony. Wisconsin uses a lifetime lookback period, meaning all prior OWI convictions count regardless of when they occurred. The state also has among the highest per-capita rates of drunk driving in the nation, which has prompted ongoing legislative efforts to tighten penalties.
Official term: OWI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.00% (absolute zero tolerance for under 21; 0.02% triggers administrative action) |
| Enhanced Penalty | 0.15% (PAC — Prohibited Alcohol Concentration for prior offenders); 0.17% or higher triggers IID for first offense |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Civil Traffic Forfeiture (NOT a criminal offense); becomes a misdemeanor if a passenger under 16 is present | None (civil forfeiture — no jail); if passenger under 16: up to 6 months jail | $150 to $300 plus $365 OWI surcharge (total approximately $811 with all surcharges) | 6 to 9 months | Required if BAC ≥ 0.15% or if court orders; otherwise optional for restricted license |
| 2nd Offense | Misdemeanor (criminal offense) | 5 days to 6 months (mandatory minimum 5 days; mandatory minimum 10 days if BAC ≥ 0.17%) | $350 to $1,100 plus surcharges | 12 to 18 months | Required for 1 to 2 years (mandatory for all second offenses) |
| 3rd Offense | Misdemeanor (criminal offense) | 45 days to 1 year (mandatory minimum 45 days; mandatory minimum 60 days if BAC ≥ 0.17%) | $600 to $2,000 plus surcharges | 2 to 3 years | Required for 1 to 3 years (mandatory for all third offenses) |
| Felony | Class H Felony (4th offense); Class G Felony (5th/6th); Class F Felony (7th/8th/9th); Class E Felony (10th+) | Class H: up to 6 years; Class G: up to 10 years; Class F: up to 12.5 years; Class E: up to 15 years | Up to $10,000 (Class H); up to $25,000 (Class G and higher) | 2 to 3 years (4th/5th); longer for subsequent offenses; permanent revocation possible | Required for 1 to 4+ years following license reinstatement |
Felony threshold: 4th offense (lifetime lookback — all prior convictions count regardless of when they occurred). Lookback period: Lifetime (all prior OWI convictions count regardless of when they occurred — Wisconsin has no lookback limit).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Not typically ordered for first offense | Not applicable (civil forfeiture); if with minor passenger, up to 1 year | Mandatory alcohol assessment (AODA — Alcohol and Other Drug Abuse) and compliance with recommended education/treatment |
| 2nd Offense | May be ordered as condition of probation (up to 30 days community service in lieu of jail at court discretion) | Up to 1 year supervised probation | Mandatory AODA assessment and completion of recommended treatment program; driver safety plan required |
| 3rd Offense | May be ordered; up to 30 days in lieu of additional jail at court discretion | Up to 1 year supervised probation | Mandatory AODA assessment and intensive outpatient or inpatient substance abuse treatment |
| Felony | As ordered by the court | Extended supervision up to several years following any prison term | Court-ordered intensive substance abuse treatment program; may require residential/inpatient treatment |
Implied Consent Law
Wisconsin's implied consent law (Wis. Stat. § 343.305) requires any person operating a motor vehicle to submit to chemical testing (breath, blood, or urine) when requested by a law enforcement officer who has probable cause to believe the person is operating while intoxicated. Wisconsin law allows blood draws without consent under warrant and in certain emergency situations.
Refusal penalties: First refusal: 1-year license revocation. Second refusal (or refusal with prior OWI): 2-year revocation. Third or subsequent refusal: 3-year revocation. Refusal triggers a separate administrative hearing. The refusal is admissible as evidence at trial and creates an irrebuttable presumption for certain administrative purposes. An IID may be required for reinstatement after refusal.
Aggravating Factors
| Factor | Impact |
|---|---|
| Passenger under 16 in the vehicle | First offense elevated from civil forfeiture to criminal misdemeanor with up to 6 months jail; enhanced penalties for all subsequent offenses |
| BAC of 0.17% or higher (with prior conviction — PAC) | Enhanced mandatory minimum jail time; mandatory IID even for first offense |
| Causing injury while OWI (Injury by Intoxicated Use of Vehicle) | Class F felony — up to 12.5 years in prison and $25,000 fine |
| Causing death while OWI (Homicide by Intoxicated Use of Vehicle) | Class D felony — up to 25 years in prison and $100,000 fine |
| Operating on a revoked license (OWI-related) | Separate criminal charge; mandatory additional penalties and extended revocation |
| Multiple prior OWI convictions | Felony classification escalates with each additional conviction: Class H (4th) through Class E (10th+) |
DUI with Injury
Classification: Injury by Intoxicated Use of Vehicle — Class F Felony; Homicide by Intoxicated Use — Class D Felony
Injury by Intoxicated Use of Vehicle (Wis. Stat. § 940.25): Class F felony, up to 12.5 years in prison, up to $25,000 fine, license revocation, and mandatory restitution. Homicide by Intoxicated Use of Vehicle (Wis. Stat. § 940.09): Class D felony, up to 25 years in prison, up to $100,000 fine, license revocation, and mandatory restitution. If the offender has a prior OWI-related conviction, the homicide charge is elevated to a Class C felony (up to 40 years).
Underage DUI
Drivers under 21 with any detectable BAC face Absolute Sobriety law consequences: first violation — 3-month license suspension. Second violation — 6-month suspension. If BAC is 0.08% or higher, the underage driver faces standard OWI charges. Wisconsin's zero tolerance for underage drinking and driving means any detectable level triggers action. All underage offenders must complete an AODA assessment.
Diversion Programs
Wisconsin does not currently offer a formal DUI diversion program. Wisconsin does not have a statewide formal OWI diversion or pretrial intervention program. Since a first OWI is already a civil forfeiture (not criminal), there is no need for diversion at that level. For second and subsequent offenses, prosecution typically proceeds through standard criminal channels. Some counties operate OWI treatment courts (similar to drug courts) that provide intensive supervision and treatment as an alternative to incarceration for repeat offenders, but these are not diversion programs — a conviction still results.
How Long a DUI Stays on Your Record
A first OWI (civil forfeiture) appears on your Wisconsin driving record permanently but does NOT create a criminal record. Second and subsequent OWI convictions are criminal and remain on your criminal record permanently. Wisconsin uses a lifetime lookback — every prior OWI conviction counts for enhancement purposes regardless of when it occurred. There is currently no mechanism to expunge OWI convictions in Wisconsin.
Key Statutes
- Wis. Stat. § 346.63
- Operating under influence of intoxicant or other drug — primary OWI statute
- Wis. Stat. § 346.65
- Penalty for OWI violations — sentencing provisions for first through subsequent offenses
- Wis. Stat. § 343.305
- Implied consent — chemical testing requirements and refusal penalties
- Wis. Stat. § 343.301
- Ignition interlock device requirements for OWI offenders
- Wis. Stat. § 940.09
- Homicide by intoxicated use of vehicle or firearm
- Wis. Stat. § 940.25
- Injury by intoxicated use of vehicle
Frequently Asked Questions
Is a first OWI a criminal offense in Wisconsin?
When does an OWI become a felony in Wisconsin?
How long does an OWI stay on your record in Wisconsin?
What is the mandatory minimum for a second OWI in Wisconsin?
What happens if you refuse a breathalyzer in Wisconsin?
What is Wisconsin's PAC law?
How much does an OWI cost in Wisconsin?
Can you get an occupational license after an OWI in Wisconsin?
Related Guide
DUI license recovery in Wisconsin→Step-by-step guide to getting your license back after a DUI in Wisconsin — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Wisconsin DMV — OWI Information
Wisconsin DOT — OWI penalties, license revocation, occupational licenses, and IID requirements.
- Wisconsin OWI Statutes — Official Code
Full text of Wisconsin Statute § 346.63 — Operating Under the Influence.
- Wisconsin State Law Library — OWI Resources
Comprehensive OWI legal resources from the Wisconsin State Law Library.
- Wisconsin AODA Assessment Providers
Wisconsin DHS — find approved AODA assessment and treatment providers in your area.
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