Wisconsin OWI/DUI Laws in 2025: A Complete Guide

Wisconsin's driving under the influence laws (DUI) (or OWI for "operating while intoxicated" as it's more commonly referred to in Wisconsin) can be complicated and confusing, especially under the stress of a recent charge.

To make these laws simple and straightforward, we've summarized the DUI laws in Wisconsin below in plain language, current to 2025, along with the potential penalties associated with common offenses.

If you or a loved one has been charged a DUI/OWI-related charge in Wisconsin, it's critical to contact an experienced attorney as soon as possible to explain the specific circumstances of your situation and get expert help.

Wisconsin's OWI/DUI Laws

Wisconsin law classifies impaired driving offenses under multiple terms, including:

• OWI (Operating While Intoxicated): The official term in Wisconsin for driving under the influence of alcohol or drugs.
• DUI (Driving Under the Influence): Used interchangeably with OWI, though OWI is the official legal term in Wisconsin.
• PAC (Prohibited Alcohol Concentration): A separate but related charge for exceeding the legal BAC limit, even if no impairment is observed.
• DWI (Driving While Impaired): Another term commonly used in other states but generally falls under OWI in Wisconsin.

Related Offenses

In addition to standard OWI charges, several aggravated offenses carry more severe penalties:

• OWI Causing Injury: If an impaired driver causes injury to another person, penalties include jail time, higher fines, and longer license revocation periods.
• OWI Causing Great Bodily Harm: A more severe felony charge with prison time if the injury is classified as “great bodily harm.”
• Homicide by Intoxicated Use of a Vehicle: The most serious OWI-related offense, carrying up to 25 years in prison.
• OWI with a Minor in the Vehicle: If a driver is caught with a passenger under 16, penalties increase significantly—even for a first offense.

Under Wisconsin law, you may be considered to be operating while under the influence of an intoxicant if you are operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more or are impaired as a result of ingesting controlled substances.

However, even if your BAC is under 0.08 percent, you may still be considered to be under the influence if police observe your driving and judge it to be affected by drugs or alcohol.

Receiving a DUI charge can be an intimidating, stressful experience with serious consequences. Both first-time offenders and repeat offenders face mandatory fines and penalties if convicted and put their employment prospects, housing, and personal credit in jeopardy.

Additionally, a host of related offenses may also be implicated if you are charged with an OWI in Wisconsin.

Wisconsin OWI/DUI Penalties (Updated for 2025)

See below for a simple list of Wisconsin DUI laws. Note: a number of factors, such as the presence of a minor under 16 in the car, can affect the severity of penalties. View the DMV's complete chart for more information. Potential penalties include but are not limited to:

• First Offense DUI in Wisconsin: Monetary fines or forfeiture ranging from $150–$300, surcharges, and driver's license revocation for up to 9 months. Read more.
• Second Offense DUI in Wisconsin: Possible jail time (up to 6 months), significant monetary fines of $150–$1,100, surcharges, and driver’s license revocation for at least 12 months. Read more.
• Third Offense DUI in Wisconsin: Fine or forfeiture ranging from $600–$2,000 and 45-day minimum confinement. Read more.
• Fourth Offense DUI in Wisconsin: Class H felony. Minimum $600 and 60-day jail sentence. Maximum penalties are consistent with a Class H felony (fine of up to $10,000 and/or up to six years in prison). Updated Dec. 1, 2018
  
• Fifth & Sixth Offense DUI in Wisconsin: Class G felony. Minimum, mandatory fine: Not be less than $600 and as much as $25,000. Maximum of 10 years in prison, surcharges, 2–3 years driver’s license revocation.

Ignition Interlock Device (IID) Requirements

An ignition interlock device (IID) is a breathalyzer installed in a vehicle that prevents operation if alcohol is detected. Wisconsin requires IIDs for:

• Any repeat OWI offenders.
• First-time offenders with a BAC of 0.15% or higher.
• Drivers who refused chemical testing.

Costs and Duration

• Installation costs range from $100 to $200.
• Monthly maintenance fees range from $70 to $100.
• IID use is required for at least 1 year in most cases.

Wisconsin’s Implied Consent Law and Refusal Penalties

Wisconsin has an implied consent law, which means that by driving on public roads, you automatically consent to a chemical test (breath, blood, or urine) if law enforcement suspects you are impaired.

Penalties for Refusing a Chemical Test

Refusing to submit to a test results in an automatic administrative penalty, even if you are not ultimately convicted of OWI:

• First refusal: 1-year license revocation, mandatory ignition interlock device (IID), and alcohol assessment.
• Second refusal: 2-year license revocation, IID requirement, and harsher penalties.
• Third refusal or more: 3-year license revocation, IID requirement, and additional penalties.

License Suspension and Occupational License Information

If convicted of OWI, your driver’s license will be revoked for a set period. However, you may apply for an occupational license to drive under restricted conditions.

How to Apply for an Occupational License

• You must wait a specific period before applying:
  • First offense: No waiting period.
  • Second offense: 45-day waiting period.
  • Third offense or more: 90-day waiting period.
• You must prove that driving is necessary for work, school, or essential household duties.
• A restricted schedule and route will be applied.

Defenses to OWI/DUI Charges

There are several legal defenses to an OWI charge, including:

• Challenging the Traffic Stop: Was there probable cause to pull you over?
• Field Sobriety Test Issues: Were they administered properly?
• Breathalyzer Errors: Device calibration and improper administration can invalidate results.
• Medical Conditions: Some conditions, like diabetes or acid reflux, can lead to false BAC readings.

First-Time Offender Considerations

First-time OWI offenders may have options to reduce charges or avoid jail time. Contact me as soon as possible to begin discussing your options. Some counties offer:

• Alcohol treatment programs as an alternative to harsher penalties.
• Deferred prosecution agreements that may allow charges to be dropped after completion.

Commercial Driver’s License (CDL) and OWI

Drivers with a commercial driver's license (CDL) face stricter OWI laws:

• BAC limit: 0.04% (instead of 0.08%).
• First OWI offense: CDL disqualification for at least 1 year.
• Second OWI offense: Lifetime CDL revocation.

Impact of an OWI on Insurance and Employment

An OWI conviction can significantly impact car insurance rates, requiring SR-22 insurance (high-risk coverage).

• Premiums may increase by 80% or more.
• Employers may terminate employment, especially in jobs requiring driving.
• Professional licenses (nurses, lawyers, commercial drivers) may be affected.

OWI/DUI for Minors and Underage Drinking Laws

Wisconsin has a zero-tolerance policy for drivers under 21.

• BAC limit: 0.02%.
• Penalties include: Fines, license suspension, and potential criminal charges.

Out-of-State Drivers and Wisconsin OWI Laws

If you are from another state and are charged with OWI in Wisconsin:

• Wisconsin reports OWI convictions to your home state.
• Your home state may apply additional penalties.

Next Steps if You've Been Charged with DUI or Operating While Intoxicated in Wisconsin

If you are facing OWI, DWI, DUI, BAC, or PAC charges in Wisconsin, you should contact a skilled criminal defense attorney to assist in your defense as soon as possible.

Attorney Patrick Stangl explains why you should always seek qualified, experienced legal help when faced with DUI/OWI charges in Wisconsin:

Attorney Pat Stangl's Approach to DUI/OWI Defense

Attorney Stangl’s philosophy regarding OWI defense is that unless the State offers a plea agreement significantly better than the risk of losing in a trial, there is no reason to plead guilty. Because Attorney Stangl believes that—unlike many other charges in State Court—victims of drunk driving [OWI, DUI, DWI, BAC, PAC] charges have little incentive to plead guilty, he prepares all drunk driving cases for trial.

This approach differs greatly from the vast majority of criminal defense attorneys who assume they cannot win your case and plead guilty. If you’re facing criminal or traffic charges in Wisconsin, schedule a free consultation with us from the Contact Us page right away.

Receiving an OWI, DUI, DWI, PAC, BAC DWI/DUI charge is a serious matter. Attorney Stangl uses a wide range of strategies to defend your OWI case, including: review the case for defects, moving for the suppression of evidence, compelling discovery of such things as calibration and maintenance records for the breath machine, having blood samples independently analyzed, negotiating for a lesser charge or reduced sentence, obtaining expert witnesses for trial, contesting the administrative license suspension, winning trials and refusal hearings, and much more.

FREE 10-Minute Consultation

If you need help to fight drunk driving charges in Madison or elsewhere in the state, Attorney Pat Stangl is happy to offer you a FREE 10-minute consultation to discuss your case and explore options for your defense against OWI, DUI, DWI, PAC, BAC or other criminal charges. Click the link below to get started.