Wisconsin DUI & OWI Laws
In Wisconsin, a drunk driving arrest is classified by a BAC (blood alcohol concentration) of .08% or greater and is referred to as a DUI (driving under the influence) or a OWI (operating while impaired). These arrests are taken very seriously in the state of Wisconsin and violators will suffer harsh fines, penalties and punishments.
Legal limit in Wisconsin:
- Standard, non-commercial drivers: .08% BAC
- Commercial drivers: .04% BAC
- Drivers under 21: .02% BAC
Penalties, Fines, & Suspension
| Wisconsin DUI & OWI Penalties, Fines, & Suspension | |||
|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense |
| Sentence | N/A | 5 days to 6 months | 30 days to 1 year |
| Fine | $150 to $300 | $300 to $1,100 | $600 to $2,000 |
| Driver’s License Suspension | 6 to 9 months | 12 to 18 months | 2 to 3 years |
Chemical Test Refusal
Wisconsin is an implied consent state meaning if you are arrested for a DUI with probable cause, you must agree to take a chemical test. In Wisconsin you may also be required to take a chemical test if you are in a vehicle that you have the ability to operate while intoxicated, even if you are not driving (OWI). If you refuse these tests you will be subject to a license revocation as well as be required to install an ignition interlock device in your vehicle.
1st offense: License revocation for 1 year
2nd offense: License revocation for 2 years
3rd offense: License revocation for 3 years
Ignition Interlock
An ignition interlock device (IID) will be required in various drinking a driving cases in Wisconsin including all repeat DUI cases as well as cases where a person’s BAC is .15% or above or drivers who refuse a chemical test. If you have been convicted of a DUI in a circumstance where a IID is required, you must install the device to the ignition to your car to be able to drive.
Criminal Record
A DUI will remain on a person’s record for 10 years in the state of Wisconsin. The court could and most likely will use this against you if a second offense occurs during this time period.
Under 21
Wisconsin is considered a zero-tolerance state when it comes to underage drinking and driving. If a minor is pulled over with a BAC above .0%, the driver could be subject to a DUI. Penalties include possible imprisonment for any amount of time as determined by the court, a fine ranging from $300 to $1,500 and a license suspension for 6 to 9 months. These punishments will increase with each conviction.
DWI with a Child Passenger
If a person is convicted of a OWI with a minor passenger under the age of 16 in the vehicle, the driver will be charged with a misdemeanor as well as a $350 to $1,100 fine and a sentence of 5 days to 6 months. These penalties will increase if the minor is injured.
More on WI DUI Laws:
State of Wisconsin Department of Transportation: Drunk Driving: http://wisconsindot.gov/Pages/safety/education/drunk-drv/default.aspx
Center for Disease Control: Wisconsin Drunk Driving Fact Sheet: http://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_wi.pdf