Wisconsin OWI Laws and Penalties
Explained
Dealing with a OWI (Operating While Intoxicated) charge in Wisconsin demands comprehensive knowledge of the state's OWI laws and penalties to effectively navigate your legal situation.
Wisconsin OWI laws are strict, with serious consequences for those convicted, including financial penalties, license suspension, and potential jail time. This resource provides thorough coverage of OWI penalties in Wisconsin to help you stay informed and prepared.
An Overview of Wisconsin OWI Laws
Wisconsin OWI laws are managed by Wisconsin Statute § 346.63, which makes it unlawful to operate or maintain actual physical control of a motor vehicle while under the influence of alcohol or controlled substances. The state enforces severe penalties for OWI violations, with consequences that escalate substantially for repeat violators.
According to Wisconsin law, OWI (Operating While Intoxicated) of alcoholic beverages, chemical substances, or controlled substances is one offense, established by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of 0.08 or above.
Wisconsin operates under an "implied consent" law, meaning that by driving on Wisconsin roads, you automatically consent to chemical testing if lawfully arrested for OWI. Refusing to submit to testing results in automatic license suspension and can be used as evidence against you in court.
An Overview of Wisconsin OWI Penalties
Under Wisconsin law (Wisconsin Statute § 346.63), OWI penalties can include substantial fines, potential jail time, license suspension, and the installation of an ignition interlock device, with the severity depending on your history and specific circumstances.
These consequences can have a lasting impact on your driving privileges, employment opportunities, and financial well-being. Whether you're seeking general information or facing OWI charges, it's crucial to understand Wisconsin's strict laws and the escalating penalties that accompany each offense.
Specific Penalties for a OWI in Wisconsin
Wisconsin OWI Fine Schedule
In Wisconsin, OWI fines increase with each conviction. The penalties become more severe if your blood alcohol level is 0.15 or above or if a child was in the vehicle during the arrest. These circumstances are considered particularly hazardous.
The state uses monetary penalties to emphasize the gravity of impaired driving. Repeat offenders face substantially increased fines as a way to discourage patterns of risky behavior and protect public safety.
First Conviction
Second Conviction
Third Conviction
Fourth+ Conviction
Wisconsin Imprisonment Terms
Wisconsin imposes harsher jail sentences for each OWI conviction. A first offense may result in up to 6 months of jail time, but higher blood alcohol levels or aggravating factors can increase that penalty.
Repeat offenses lead to mandatory minimum jail stays that increase significantly. The law also requires certain jail time to be served in consecutive days to ensure the offender cannot easily circumvent the sentence.
First Conviction
- Up to 6 months imprisonment
- Enhanced penalties for high BAC
Second Conviction
- 5 days to 6 months imprisonment
- Enhanced penalties for repeat offense
Third Conviction
- Felony: 45 days to 1 year imprisonment
- Felony charges possible
Fourth+ Conviction
- Felony: 6 months to 6 years imprisonment
- Habitual offender classification possible
Wisconsin Vehicle Impoundment/Immobilization
Wisconsin law may require the offender's vehicle to be impounded after certain OWI convictions. The duration depends on the specific circumstances and prior offenses.
This penalty serves as a deterrent by limiting the offender's immediate ability to drive again. Vehicle impoundment periods increase with repeat offenses, providing additional consequences beyond fines and jail time.
Unless the family has no other transportation:
Wisconsin Driver License Revocation Periods
Losing your driver's license in Wisconsin after an OWI is standard, and the duration depends on the specifics of the offense. First offenses typically result in a suspension that lasts 6-9 months, but that time increases significantly for repeat offenses.
Multiple offenses lead to much longer suspensions. After multiple convictions, the state can suspend your license for extended periods. In some cases, you may apply for limited driving privileges after serving a minimum period, but this requires meeting strict conditions.
First Offense
- • 6 to 9 months suspension
- • Enhanced: Test refusal: 1 year suspension
Second Offense
- • 12 to 18 months suspension
- • Enhanced: Test refusal: 2 years suspension
Third Offense
- • 2 to 3 years suspension
- • Enhanced: Test refusal: 3 years suspension
Fourth+ Offense
- • 2 to 3 years suspension
- • Enhanced: Test refusal: 3 years suspension
Serious OWI Offenses in Wisconsin
Wisconsin treats OWI-related fatalities as serious felonies. OWI causing death can carry severe prison sentences and substantial fines. If the driver flees the scene, the charge becomes even more serious.
Vehicular homicide follows a similar pattern. These cases demonstrate how Wisconsin distinguishes common OWI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.
OWI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Wisconsin Ignition Interlock Law and Device Guidelines
Wisconsin law mandates ignition interlock devices for certain OWI convictions. The requirements vary based on the offense level and blood alcohol content at the time of arrest. First-time offenders with high BAC levels may be required to install an ignition interlock device.
Repeat offenders face mandatory ignition interlock requirements that increase with each conviction - from 12 months for a second offense up to 3 years for multiple convictions. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.
All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.
For complete statutory language and the most current information, please refer to:
Wisconsin Statute § 346.63Wisconsin Department of Transportation
About Low Cost Interlock
Low Cost Interlock is a premiere provider of ignition interlock devices in Wisconsin. Our ignition interlock services are designed to make the ignition interlock program easy and convenient for you, ensuring that you complete your interlock obligations without hassle. Our system has been tested to ensure reliability in an affordable, easy-to-use design.
