What Are the Penalties for OWI in Wisconsin?

What Are the Penalties for OWI in Wisconsin?
DUI Penalties in WIsconsin - Jasti Zehawi & Johnson LLC DUI Penalties - Jasti, Zehawi & Johnson, LLC

In Wisconsin, the term for what most states call Driving Under the Influence (DUI) is “Operating While Intoxicated,” or OWI. This is a serious crime under Wisconsin law, and even a first-time offense can lead to a lengthy driver’s license suspension. If you face an OWI charge in Wisconsin, you’ll find all the information you need about the potential penalties below.

Wisconsin’s OWI Laws: An Overview

Under Wisconson’s OWI law, it is a crime to operate a vehicle if the driver:

  • Is under the influence of any controlled or intoxicating substance, including alcohol, to the point where they can’t safely control the vehicle
  • Has a detectable amount of a restricted, controlled substance in their blood
  • Has a prohibited blood-alcohol concentration (BAC) level. The prohibited BAC level is 0.08 percent for drivers over 21, 0.04 percent for commercial drivers, and anything above 0 percent for drivers under 21.

Penalties for OWI in Wisconsin

The penalties for OWI in Wisconsin vary significantly depending on the driver’s age, whether they had a minor under 16 in the car, any prior OWI offenses, and other factors. Here’s a breakdown of the possible penalties a driver could face for an OWI conviction:

First-time OWI for Drivers Over 21

  • License Revocation: 6-9 months.
  • Fine: $150-$300, plus a $435 OWI surcharge.
  • Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for one year with a BAC of 0.15 percent or more.

2nd OWI for Drivers Over 21

No Injuries/Deaths and No Prior OWI Within 10 Years

  • License Revocation: 6-9 months.
  • Fine: $150-$300, plus a $435 OWI surcharge.
  • Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for one year

2nd OWI for Drivers Over 21 With Prior and Injuries

With Injuries or Deaths, or a Prior OWI Within 10 Years

  • Jail Time: 5 days to 6 months
  • License Revocation: 12-18 months plus the jail sentence
  • Fine: $350-$1,100, plus a $435 OWI surcharge
  • Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for one year to 18 months plus the jail sentence

3rd OWI for Drivers Over 21

  • Jail Time: 45 days to one year
  • License Revocation: 2-3 years plus the jail sentence
  • Fine: $600-$2,000, plus a $435 OWI surcharge
  • Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for 1-3 years plus the jail sentence

OWI with Injuries

With No Prior OWI

  • Jail Time: 30 days to one year
  • License Revocation: 1-2 years plus the jail sentence
  • Fine: $300-$2,000, plus a $435 OWI surcharge
  • Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for 1-2 years plus the jail sentence

OWI with a Homicide

  • Prison Time: Up to 25 years
  • License Revocation: Five years plus the prison sentence
  • Fine: Up to $100,000
  • Mandatory Ignition Interlock Device or participation in a 24/7 sobriety program for 1-5 years plus the jail sentence for a BAC of 0.15 percent or higher, or if it’s not the offender’s first OWI offense

Contact a Wisconsin OWI Defense Lawyer Now

Given the harsh potential penalties for an OWI in Wisconsin, it’s vital to work with an experienced OWI defense attorney. The team at Jasti Zehawi & Johnson LLC can explain the penalties you might face, develop a robust defense strategy, and guide you through the legal process. Call us today or complete our contact form for a free consultation.

What Are the Penalties for OWI in Wisconsin?
Table of Contents