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Wisconsin OWI Penalties Chart

Posted by Attorney Stangl on December 17, 2018

Wisconsin OWI Penalties Chart

Wisconsin's OWI laws can seem complex and confusing, especially to someone facing charges and looking for a clear and simple guide to the penalties they face and actions they can take to defend themselves.

This guide offers just that: a stripped down, simplified guide to OWI offenses and the potential penalties associated with them. If you've been charged with OWI or a related drunk driving offense in Wisconsin, contact an experienced OWI attorney today to get the help you need.

Note: If you are having issues viewing the chart below, such as on a smartphone, keep scrolling for the chart formatted as a simple bulleted list.

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Wisconsin OWI Basics

Under Wisconsin law, you may be considered to be operating while under the influence of an intoxicant if you are driving with a blood alcohol concentration (BAC) of 0.08 percent or more, or are impaired as a result of ingesting controlled substances. However, even if you have a BAC that is under 0.08 percent, you may still be considered to be under the influence if your driving is observed by police to be affected by drugs or alcohol.

 

Wisconsin OWI Penalties Chart

Wisconsin law prescribes penalties for OWI offenses which include, but are not limited to:

OWI Offenses

 Potential Penalties

First Offense OWI in Wisconsin

 

Significant monetary fines or forfeiture ranging from $150-$300, surcharges and driver's license revocation for up to 9 months.

Second Offense OWI in Wisconsin

 

Possible jail time (up to 6 months), significant monetary fines of Fine of $150 to $1,100, and up to 6 months confinement and surcharges, and mandatory driver’s license revocation for at least 12 months.

 

Third Offense OWI in Wisconsin

 

Possible felony charges. Fine or forfeiture ranging from $600-$4,000 and 45 days to 2 year confinement in jail/prison.

 

Fourth Offense OWI in Wisconsin

(within 15 years of the previous conviction or after the second OWI in combination with two other serious OWI-related offenses such as injury by intoxicated use of a vehicle or second-degree reckless homicide involving a vehicle)

Updated Dec. 1, 2018: Class H felony. Automatic $600-minimum fine and automatic 60-day jail sentence. Maximum penalties are consistent with a Class H felony (fine of up to $10,000 and/or up to six years in prison).

Fifth & Sixth Offense OWI in Wisconsin

 

Class G felony. Minimum, mandatory fine: Not be less than $600 and as much as $25,000. Minimum of 6 months in jail, maximum of 10 years in prison, plus other fees and surcharges, 2-3 years driver’s license revocation, 1-3 years required ignition interlock device in vehicle.


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First Offense OWI in Wisconsin

  • Significant monetary fines or forfeiture ranging from $150-$300, surcharges and driver's license revocation for up to 9 months.

Second Offense OWI in Wisconsin

  • Possible jail time (up to 6 months), significant monetary fines of Fine of $150 to $1,100, and up to 6 months confinement and surcharges, and mandatory driver’s license revocation for at least 12 months.

Third Offense OWI in Wisconsin

  • Fine or forfeiture ranging from $600-$2,000 and 45 days to 1 year confinement in jail/prison.

Fourth Offense OWI in Wisconsin

(within 15 years of the previous conviction or after the second OWI in combination with two other serious OWI-related offenses such as injury by intoxicated use of a vehicle or second-degree reckless homicide involving a vehicle)

  • Updated Dec. 1, 2018: Class H felony. Automatic $600-minimum fine and automatic 60-day jail sentence. Maximum penalties are consistent with a Class H felony (fine of up to $10,000 and/or up to six years in prison).

Fifth & Sixth Offense OWI in Wisconsin

  • Class G felony. Minimum, mandatory fine: Not be less than $600 and as much as $25,000. Minimum of 6 months in jail, maximum of 10 years in prison, plus other fees and surcharges, 2-3 years driver’s license revocation, 1-3 years required ignition interlock device in vehicle.

 

What to do if You've Been Arrested and Charged with OWI in Wisconsin

 If you are facing OWI, DWI, DUI, BAC or PAC charges in Wisconsin, you should contact a skilled criminal defense attorney to assist in your defense as soon as possible.

Attorney Patrick Stangl explains why you should never give up hope when fighting repeat DUI/OWI charges in Wisconsin:

 

Criminal Defense Lawyer Patrick J. Stangl has been aggressively fighting to protect the rights of drivers accused of OWI and other drunk driving charges for over 25 years. He remains committed to protecting the innocent against OWI charges in Madison, Hayward and across Wisconsin.

Two OWI Defense Success Stories

OWI Victory: Evidence Thrown Out

"I was charged with an OWI/PAC with a very high alcohol concentration. Frankly, I didn't think anything could be done to help my situation. I spoke to a friend of mine who recommended that I contact Pat Stangl. I ended up hiring Attorney Stangl and I cannot even believe the result he obtained for me. Attorney Stangl believed that he had an argument that the manner in which I was stopped was not legal because the only basis for the stop was my high mount brake light was not operating. Under the Wisconsin Administrative Code that is reason to stop a vehicle, however Attorney Stangl came up with a very unique legal argument and at the hearing to challenge the stop, through his experience and expertise, caught the County flat footed. Attorney Stangl was able to exploit the fact that the County failed to offer certain evidence regarding that third brake light. The matter was briefed by the parties and I must say Attorney Stangl is a brilliant legal strategist and an excellent writer. The court agreed with Attorney Stangl’s analysis and granted the motion and all the evidence against me was thrown out including the .22 blood test!"

Rich Hoops

OWI Victory: Charge Dropped

"Patrick is an amazing lawyer who was a life-line in a case that seemed hopeless. I was charged with a 3rd OWI while inside a bar because two eyewitnesses said I had been driving erratically. I did agree to a Breathalyzer even though I didn't drink until I got to the bar. I didn't agree to the blood draw because I just thought something wasn't right about the arrest, and because I have a language processing difficulty, I really didn't understand what was going on. I was then charged with a refusal. My mother had heard of Mr. Stangl through another client of his, and we decided to contact him. He met with us right away in person, assured us that he would do his best for me although no promises could be made. Throughout the court appearances, Mr. Stangl was always in contact not only by letter but also in person beforehand. If we called him, he got back to us quickly. I always felt confident with him especially since he was one of the few people who understood my disability whereas I felt that the arresting police and the DA did not. Patrick had several plea bargains offered to him for my consideration from losing my license forever to reckless driving. By investigating the reliability of the eyewitnesses, he was able to convince the DA to drop the OWI and charge me with inattentive driving, a misdemeanor. I still can't believe how lucky I am. With any other lawyer, I would be in jail now facing a big fine, ignition interlock and all sorts of other difficulties. This great result only happened because Patrick never dropped the ball. He knows the law inside and out, and he fought tooth and nail for me. I am forever grateful. If you need a lawyer, Patrick Stangl is the BEST!"

Andy G.

FREE 15-Minute Consultation

If you need help to fight drunk driving charges in Madison or elsewhere in the state, Attorney Pat Stangl is happy to offer you a FREE 15-minute consultation to discuss your case and explore options for your defense against OWI, DUI, DWI, PAC, BAC or other criminal charges. Click the link below to get started.

Get a Free OWI Defense Consultation

 

Topics: Drunk Driving Charges (OWI)

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