Wisconsin DUI Penalties: A Complete Guide (2025)

Driving under the influence (DUI), also known as operating while intoxicated (OWI) in Wisconsin, can result in severe consequences. In the case of a fourth offense, the severity escalates, and the driver's license could be permanently revoked. 

It is essential to note that the repercussions of an OWI conviction can vary significantly from one county to another. Therefore, it is crucial to have legal representation to clarify your options with clarity and precision. 

At Stangl Law, our experienced OWI attorneys have a deep understanding of Wisconsin's complex drunk and intoxicated driving laws. We specialize in crafting a robust defense strategy tailored to your unique situation, ensuring you are well-informed and prepared to navigate the legal landscape.

Wisconsin's OWI laws can seem complex and confusing, especially to someone facing charges and looking for a clear and simple guide to the penalties they face and actions they can take to defend themselves.

This guide offers just that: a stripped-down, simplified guide to common OWI offenses and the potential penalties associated with them. If you've been charged with OWI or a related drunk driving offense in Wisconsin, contact an experienced OWI attorney today to get the help you need.

Before reviewing penalties, here are key points to keep in mind:

• Fines and license revocation periods may increase based on BAC levels, prior convictions, or other aggravating factors.
• Ignition Interlock Devices (IID) are required for most repeat offenders and those with a BAC of 0.15% or higher on a first offense.
• Occupational Licenses may be available, but waiting periods vary

The Penalties for DUI/OWI in Wisconsin

Below, I've summarized the penalties for DUI/OWI in Wisconsin for first through tenth offenses.

1st Offense DUI/OWI in Wisconsin

• Fine: $150 to $300, plus court costs. The total can amount to $811.50.
• Jail Time: None, unless a minor was in the vehicle or someone was injured.
• License Revocation: Six to nine months.
• IID: Required for BAC of .15 or higher.
• Restricted License: Immediate eligibility for an occupational license.
• Alcohol Assessment: Mandatory, may lead to required classes or treatment.

2nd Offense DUI/OWI in Wisconsin

• Fine: $350 to $1,100, plus substantial court costs.
• Jail Time: Mandatory five days to six months.
• License Revocation: 12 to 18 months.
• IID: Mandatory.
• Restricted License: Eligible after 45 days post-conviction.
• Alcohol Assessment: Mandatory.

3rd Offense DUI/OWI in Wisconsin

• Fine: $600 to $2,000, can increase based on BAC level.
• Jail Time: 45 days to one year.
• License Revocation: Two to three years.
• IID: Mandatory.
• Restricted License: Eligible after 45 days post-conviction.
• Alcohol Assessment: Mandatory.

4th Offense DUI/OWI in Wisconsin (Felony)

• Fine: $600 to $10,000, can increase based on BAC level.
• Jail Time: 60 days to six years.
• License Revocation: Lifetime if within 15 years of the third offense, otherwise two to three years.
• IID: Mandatory for all owned vehicles.
• Restricted License: Possible after ten years.
• Alcohol Assessment: Mandatory.

5th & 6th Offense DUI/OWI in Wisconsin (Felony)

• Fine: $600 to $10,000, can increase based on BAC level.
• Jail Time: 60 days to six years.
• License Revocation: Two years to lifetime.
• IID: Mandatory for all owned vehicles.
• Restricted License: Possible after ten years.
• Alcohol Assessment: Mandatory.

7th, 8th & 9th Offense DUI/OWI in Wisconsin (Felony)

• Fine: Up to $25,000.
• Jail Time: Minimum of three years to a maximum of 12.5 years.
• License Revocation: Two years to lifetime.
• IID: Mandatory for all owned vehicles.
• Restricted License: Possible after ten years.
• Alcohol Assessment: Mandatory.

10th and Subsequent Offenses (Felony)

• Fine: Up to $50,000.
• Jail Time: Minimum of four to a maximum of 15 years.
• License Revocation: Two years to lifetime.
• IID: Mandatory for all owned vehicles.
• Restricted License: Possible after ten years.
• Alcohol Assessment: Mandatory.

OWI/DUI for Minors and Underage Drinking Laws

Wisconsin enforces zero tolerance for drivers under 21.

Key Underage OWI Penalties:

• BAC Limit: 0.02% (instead of 0.08%).
• Penalties include:
  • License suspension for three months or more.
  • Hefty fines and potential alcohol education programs.

Underage Alcohol Citations (Not Driving-Related):

• Fake ID violations can lead to license suspension.
• Underage possession of alcohol can impact driving privileges.

The Basics of DUI/OWI in Wisconsin

Before diving into penalties, it’s important to understand how Wisconsin classifies OWI-related offenses.

Under Wisconsin law, you may be considered to be operating while under the influence of an intoxicant if you are driving 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 you have a BAC that is under 0.08 percent, you may still be considered to be under the influence if your driving is observed by police to be affected by drugs or alcohol.

Wisconsin’s Implied Consent Law and Test Refusal Penalties

Wisconsin enforces an implied consent law, meaning that by driving on public roads, you automatically consent to a breath, blood, or urine test if law enforcement suspects impairment.

Penalties for Refusing a Chemical Test:

• First refusal: 1-year license revocation, mandatory ignition interlock device (IID), 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.

A refusal to submit to testing can result in additional penalties even if you are not ultimately convicted of OWI.

Wisconsin's OWI penalties are stringent, escalating in severity with each subsequent offense.

Here’s a streamlined overview for better clarity and understanding.

Fines

Fines for OWI offenses begin at $150 to $300 and escalate with added court costs. A first offense, for instance, can total $811.50, while multiple offenses can lead to fines in the tens of thousands. Offenders are also liable for costs associated with court-mandated measures like installing an Ignition Interlock Device (IID).

License Suspension

First offenses can result in a nine-month license suspension. The suspension period extends to 18 months for a second offense and up to three years for a third. Fourth and subsequent offenses, depending on the timing of previous offenses, can result in either a three-year suspension or lifetime revocation.

Jail Time

First-time offenders typically avoid jail unless a minor under 16 is in the vehicle or if an injury is involved. Second offenses require a minimum of five days to six months in jail. Third offenses increase the minimum to 45 days, with a one-year maximum. A fourth offense, categorized as a felony, can lead to up to six years in prison and lifetime driver’s license revocation if it occurs within 15 years of the third offense. Seventh and subsequent offenses entail extended prison sentences.

Occupational License

If your driver’s license is revoked due to an OWI, you may apply for an occupational license to drive under restricted conditions. First-time offenders can instantly seek an occupational license for restricted driving, typically for work-related commuting. Repeat offenders face a 45-day waiting period, while fourth-time offenders can potentially obtain this license after ten years. 

How to Apply for an Occupational License:

• First Offense: No waiting period.
• Second Offense: 45-day waiting period.
• Third Offense: 90-day waiting period.
• Fourth Offense or More: Possible after 10 years, subject to judicial discretion.

Restricted License Conditions:

• Only allows travel for work, school, or essential household duties.
• Daily driving hours are limited.

IID Requirement

An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle that prevents operation if alcohol is detected. An IID is mandatory for first offenders with a BAC of .15 or higher and for all repeat offenders. The device, installed in every vehicle owned or operated by the offender, prevents the car from starting if it detects alcohol in the driver’s breath.

Who Needs an IID?

• First-time offenders with a BAC of 0.15% or higher.
• All repeat OWI offenders.
• Drivers who refuse a chemical test.

Costs of an IID:

• Installation Fee: $100–$200
• Monthly Maintenance: $70–$10

Criminal Record

An OWI conviction in Wisconsin is permanent. While a first offense isn’t criminal (except in cases of injury or a minor in the vehicle), all subsequent offenses are, with the fourth being a felony. If maintaining a clean record is a priority, seeking professional legal consultation is advisable.

The Long-Term Impact of an OWI Conviction

An OWI conviction doesn’t just carry legal penalties—it affects multiple aspects of life.

Impact on Insurance (SR-22 Requirement):

• Expect insurance premiums to increase by 80% or more.
• High-risk insurance (SR-22) may be required.

Employment Consequences:

• Jobs requiring driving may be lost immediately.
• Professional licenses (nursing, law, CDL) may be at risk.

Permanent Criminal Record:

• A first offense is a civil violation but stays on record permanently.
• A fourth offense or higher is a felony.

Understanding Notices of Intent in Wisconsin

Administrative Hearing and License Suspension

In Wisconsin, exceeding the legal blood alcohol content limit (.08 for the first three offenses and .02 for the fourth and subsequent offenses) during a breath or blood test can trigger a Notice of Intent to Suspend Operating Privileges from the police. This notice acts as a temporary 30-day license. It's imperative to request an administrative hearing within 10 days of receiving this notice; failure to do so can result in license suspension before your OWI court date. If you find yourself in this situation, reaching out to us promptly is crucial!

License Revocation

A Notice of Intent to Revoke Operating Privileges is issued if the police interpret your actions as a refusal to provide a breath or blood sample - note that even requesting an attorney might be considered a refusal. This notice also carries a strict 10-day window to request a hearing, failing which your license will be automatically revoked. Immediate legal assistance is essential if you receive such a notice.

The Critical 10-Day Window

Both the Notice of Intent to Suspend and the Notice of Intent to Revoke contain a crucial detail often overlooked: a mandatory response within 10 days. This time-sensitive requirement is often hidden in the fine print, yet its implications are significant. Ignoring or missing this deadline means automatic license loss.

The 10-day limit to respond to either notice is non-negotiable. Immediate action is not just recommended but essential to preserve your driving privileges. If you receive either notice, contact us without delay to navigate the legal intricacies and safeguard your rights.

What to do if You've Been Arrested and Charged with OWI 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 never give up hope when fighting repeat DUI/OWI charges in Wisconsin:

Criminal Defense Lawyer Patrick J. Stangl has been aggressively fighting to protect the rights of drivers accused of OWI and other drunk driving charges for over 30 years. He remains committed to protecting the innocent against OWI charges in Madison, Hayward and across Wisconsin.

Two OWI Defense Success Stories

OWI Victory: Three Consecutive OWI/PAC 5th/6th Victories in One Month

Attorney Stangl of Stangl Law Offices, S.C. achieved three (3) back-to-back OWI 5th/6th victories within a one-month period in May-June 2023, thereby saving his clients from mandatory prison sentences. In State v. Shirikian, 2023 WI App. 13, the Court of Appeals held that the sentencing language for a 5th/6th OWI/PAC offense requires the sentencing court to impose a mandatory prison sentence upon conviction. Even if the sentencing court wanted to impose a non-prison sentence, they do not have the discretion or authority to do so under the current penalty structure for the offense and this decision.

In the first case, Attorney Stangl successfully argued that one of his client’s prior convictions could not be counted because he was not properly advised of his right to counsel in a previous case and that the record did not demonstrate a free and voluntary waiver of his 6th amendment right to counsel. After investigating and researching the issue, Attorney Stangl brought a motion challenging the uncounseled conviction, and after an evidentiary hearing, the trial court agreed that the prior conviction could not be counted, thereby reducing the 5th/6th offense to non-mandatory prison charges.

Approximately 2 weeks later, in a different case, Attorney Stangl previously argued to the court that the arresting officer did not have a sufficient legal reason or probable cause to arrest his client on a 5th/6th OWI/PAC. After the evidentiary hearing and briefing by the parties, the court issued a very thorough and analytical oral decision granting the defendant’s Motion to Dismiss, and the case against his client was dismissed.

Within two weeks after the 2nd consecutive OWI/PAC 5th/6th victory, Attorney Stangl secured his 3rd consecutive OWI/PAC 5th/6th victory within (1) one month with the dismissal by the State of charges during a preliminary hearing. At the preliminary hearing, it was clear that the arresting officer testified falsely about the alleged events, including his client’s performance on the field sobriety test (FSTs), when, in fact, his client never submitted to the FSTs. Once the State realized the major problem with the officer’s perjured testimony, it moved for immediate dismissal of all the charges. His client will not be recharged.

OWI Victory: Charge Dropped

"Patrick is an amazing lawyer who was a lifeline in a case that seemed hopeless. I was charged with a 3rd OWI while inside a bar because two eyewitnesses said I had been driving erratically. I did agree to a Breathalyzer even though I didn't drink until I got to the bar. I didn't agree to the blood draw because I just thought something wasn't right about the arrest, and because I have a language processing difficulty, I really didn't understand what was going on. I was then charged with a refusal. My mother had heard of Mr. Stangl through another client of his, and we decided to contact him. He met with us right away in person and assured us that he would do his best for me, although no promises could be made. Throughout the court appearances, Mr. Stangl was always in contact not only by letter but also in person beforehand. If we called him, he would get back to us quickly. I always felt confident with him, especially since he was one of the few people who understood my disability, whereas I felt that the arresting police and the DA did not. Patrick had several plea bargains offered to him for my consideration, from losing my license forever to reckless driving. By investigating the reliability of the eyewitnesses, he was able to convince the DA to drop the OWI and charge me with inattentive driving, a misdemeanor. I still can't believe how lucky I am. With any other lawyer, I would be in jail now, facing a big fine, ignition interlock and all sorts of other difficulties. This great result only happened because Patrick never dropped the ball. He knows the law inside and out, and he fought tooth and nail for me. I am forever grateful. If you need a lawyer, Patrick Stangl is the BEST!"

Andy G.

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.