This varies according to the laws of the state and the customs of the local jurisdiction. In Wisconsin, a conviction for a first offense is a civil violation and involves a forfeiture, revocation, mandatory AODA Assessment and perhaps attendance at a Victim Impact Panel.

For a second offense, the penalties upon conviction range from a minimum mandatory penalty of five (5) days and up to six (6) months in jail. Punishments include a fine range from a minimum $350.00 to $1,100.00 plus costs and administrative surcharges as well as a mandatory AODA Assessment. Ignition interlock devices can also be ordered. The greater the number of prior convictions, the greater the jail and/or prison term that can be imposed.

In Wisconsin, for purposes of evaluating prior convictions, a ten-year window is used; however, this window will not extend before January 1, 1989 for second offenses. For purposes of evaluating prior convictions for a third or greater offense, the prosecution can go back throughout a lifetime.

If convicted of an OWI offense, in Wisconsin that conviction now remains on your driving record abstract for life.

Most states including Wisconsin increase the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or similar offense, usually within ten years for a second offense or lifetime for a third or greater offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include:

• Possession of drug paraphernalia
• A child under the age of 16 was in the car at the time
• The blood-alcohol concentration was over 20%.
• The defendant refused to submit to a chemical test
• There was property damage or bodily injury

In Wisconsin, the existence of significant personal injury or bodily harm caused by drunk driving elevates the offense to a serious felony. A death in Wisconsin while intoxicated can result in vehicular homicide charges.