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 common 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.

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:

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First Offense OWI in Wisconsin

• Significant monetary fines or forfeiture ranging from $150–$300, surcharges, IID installation or 24/7 sobriety program, 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 $150– $1,100, surcharges, IID installation or 24/7 sobriety program, and driver’s license revocation for at least 6 months.

Third Offense OWI in Wisconsin

• Fine or forfeiture ranging from $600–$2,000, IID installation or 24/7 sobriety program, license revocation for at least 2 years, and up to 1 year of confinement.

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: Updated Dec. 1, 2018: Class H felony. Maximum penalties are consistent with a Class H felony (fine of up to $10,000 and/or up to 6 years in prison).

Fifth & Sixth Offense OWI in Wisconsin

• Class G felony. Minimum, mandatory fine: $600, plus other fees and surcharges. May be fined as much as $25,000. 6 months–1 year of confinement unless the court rules otherwise, IID installation or 24/7 sobriety program

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 30 years. He remains committed to protecting the innocent against OWI charges in Madison, Hayward and across Wisconsin.

Two OWI Defense Success Stories

OWI Victory: Three Consecutive OWI/PAC 5th/6th Victories in One Month

Attorney Stangl of Stangl Law Offices, S.C. achieved three (3) back-to-back OWI 5th/6th victories within a one-month period in May-June 2023 thereby saving his clients from mandatory prison sentences. In State v. Shirikian, 2023 WI App. 13 the Court of Appeals held that the sentencing language for a 5th/6th OWI/PAC offense requires the sentencing court to impose a mandatory prison sentence upon conviction. Even if the sentencing court wanted to impose a non-prison sentence, they do not have the discretion or authority to do so under the current penalty structure for the offense and this decision.

In the first case Attorney Stangl successfully argued that one of his client’s prior convictions could not be counted because he was not properly advised of his right to counsel in a previous case and that the record did not demonstrate a free and voluntary waiver of his 6th amendment right to counsel. After investigating and researching the issue, Attorney Stangl brought a motion challenging the uncounseled conviction and after an evidentiary hearing the trial court agreed that the prior conviction could not be counted, thereby reducing the 5th/6th offense to non-mandatory prison charges.

Approximately 2 weeks later, in a different case, Attorney Stangl previously argued to the court that the arresting officer did not have a sufficient legal reason or probable cause to arrest his client on a 5th/6th OWI/PAC. After the evidentiary hearing and briefing by the parties the court issued a very thorough and analytical oral decision granting the defendant’s Motion to Dismiss and the case against his client was dismissed.

Within two weeks after the 2nd consecutive OWI/PAC 5th/6th victory Attorney Stangl secured his 3rd consecutive OWI/PAC 5th/6th victory within (1) one month with the dismissal by the State of charges during a preliminary hearing. At the preliminary hearing it was clear that the arresting officer testified falsely about the alleged events including his client’s performance on the field sobriety test (FST’s) when in fact his client never submitted to the FST’s. Once the State realized the major problem with the officer’s perjured testimony it moved for immediate dismissal of all the charges. His client will not be re-charged.

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 10-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 10-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.