Wisconsin DUI Laws
In Wisconsin it is illegal to drive under the influence of alcohol or drugs; the offense is called operating while intoxicated, or OWI (which is called DUI or DWI in other states). Wisconsin has an implied consent law, which means if a police officer has probable cause to believe you are OWI, you must submit to a test to measure your blood alcohol content (BAC). If you fail or refuse the test you will be charged with OWI. Your license will be suspended by the Wisconsin Department of Transportation (DOT) unless you request a hearing within 10 days. It is a good idea to contact an attorney as soon as possible after an OWI arrest to make sure you understand your options.
A person can be convicted of OWI based upon evidence of impairment and/or with an unlawful BAC (.08 percent for persons over 21 and even less for persons under 21, commercial drivers, and persons charged with a fourth or subsequent offense). Following a first OWI conviction, the court may order a license revocation of six to nine months (separate from the DOT hearing), mandatory assessment under the AODA (Alcohol and Other Drug Abuse) program, education and treatment (called a driver safety plan), and payment of a fine. OWI penalties will become more severe with aggravating factors such as prior convictions or an accident causing injury or death. If this is your first OWI offense and your BAC was between .08 and .99, you may be able to get the record expunged after 10 years. OWI laws are complex and constantly changing — only an OWI attorney can tell you what laws are likely to apply to your case.
A good OWI defense requires expertise and knowledge in a number of areas, including cross-examination of witnesses, procedural and constitutional issues, and the science behind BAC and field sobriety testing. A trained OWI attorney will examine the police report, BAC lab records, breath analyzer maintenance records and operator training records for errors, inconsistencies and/or violations of your rights that can affect the outcome of your case. If you have been charged with OWI, it is strongly recommended you seek representation to ensure the best possible outcome.
Wisconsin DUI/DWI (OWI) Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Wisconsin BAC laws may differ from those of other states, as follows.
| Wisconsin BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense | 6 months license suspension |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1 year license suspension |
| Subsequent Offenses | 2 or 3 years license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 6 to 9 months (may have occupational license) |
| Prison Term and Community Service | No jail (Minor in Car- 5 days to 6 months in jail); maybe community service |
| Fines, Fees, and Surcharges | Approx. $150 to $300 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol assessment |
| Second DUI/DWI Offense (within 10 years of 1st offense) | |
| License Suspension | 12 to 18 months (may have conditional license) |
| Prison Term and Community Service | 5 days to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $350 to $1,100 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol assessment |
| Third DUI/DWI Offense | |
| License Suspension | 2 to 3 years (may have conditional license) |
| Prison Term and Community Service | 45 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $600 to $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol assessment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Wisconsin Department of Transportation