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.