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Wisconsin OWI Penalties

The penalties for a drunk driving conviction in Wisconsin contain six main components: 

  1. A "hard" revocation period where the Defendant is ineligible for an occupational license; 

  2. A revocation period where if otherwise eligible a Defendant may obtain an occupational license; 

  3. A fine/forfeiture; 

  4. Installation of an Ignition Interlock Device (IID)

  5. For non-1st Offense convictions a period of confinement to the county jail or prison; 

  6. Alcohol & Other Drugs Assessment (AODA) and Driver Safety Plan. 

Of course, there are many potential collateral consequences to a drunk driving conviction including but not limited to:

  1. Public embarrassment & loss of reputation

  2. Increased insurance premiums

  3. Loss off professional license

  4. Loss of employment

  5. Adverse consequences in custody and placement proceedings.

First Offense Drunk Driving:

  • Non-Criminal Civil Violation

  • 6 to 9 Month Driver's License Revocation

  • Forfeiture: $150 to $300 plus court costs

  • If BAC is at or above .15 installation of IID for 1 year

  • Immediate Eligibility for Occupational License

  • AODA

2nd Offense Drunk Driving

Prior OWI outside 10 years

  • Non-Criminal Civil Violation

  • 6 to 9 Month Driver's License Revocation

  • Forfeiture: $150 to $300 plus court costs

  • 1 year IID Order

  • Immediate Eligibility for Occupational License

  • AODA

2nd Offense Drunk Driving:

Prior OWI within 10 years

  • Criminal Misdemeanor

  • Forfeiture: $350 to $1,100 plus court costs

  • 5 days to 6 months confinement

  • 12 to 18 Month Driver's License Revocation plus confinement length

  • 12 to 18 Month IID Order

  • 45 day waiting period for Occupational License

  • AODA

3rd Offense Drunk Driving:

  • Criminal Misdemeanor

  • Forfeiture: $600 to $2,000 plus court costs

  • 45 days to 12 months confinement

  • 2 to 3 Year Driver's License Revocation plus confinement length

  • 1 to 3 Year IID Order

  • 45 day waiting period for Occupational License

  • AODA

4th Offense Drunk Driving

  • Class H Felony

  • Forfeiture: $600 to $10,000 plus court costs

  • 60 days to 6 years confinement

  • Permanent Driver's License Revocation 

  • 10 year waiting period for Occupational License

  • AODA

5th and subsequent OWIs or OWIs that Cause Injury are serious offenses. For additional information regarding this category of offense contact Atty. Skarie.