DUI Law in Wisconsin
Driving through the scenic roads of Wisconsin might feel like second nature, but one mistake—a wrong turn or a single drink too many—can bring flashing red and blue lights into your rearview mirror.
This guide breaks down Wisconsin’s DUI/OWI penalties and provides practical steps to help you navigate the legal process after being charged in Wisconsin.
Possible Consequences of a Wisconsin DUI Conviction
In Wisconsin, OWI penalties vary depending on several factors, including your BAC at the time of arrest, prior convictions, and whether there were aggravating factors such as injuries or property damage. Wisconsin’s legal BAC limit is 0.08% for adults, while commercial drivers are held to a stricter standard of 0.04%, and drivers under 21 are subject to a zero-tolerance policy.
Paying Fines
Fines for OWI convictions in Wisconsin can range significantly based on the severity of the offense. For a first offense, fines typically range from $150 to $300, while a second offense carries fines of $350 to $1,100. For third and subsequent offenses, fines can exceed $2,000.
These fines don’t account for additional costs, such as court fees, alcohol program expenses, and potential restitution if your actions caused property damage or injuries.
Jail Time
Jail time is a potential consequence for OWI convictions in Wisconsin, particularly for repeat offenders. A first offense does not usually involve jail time unless there are aggravating factors. A second offense carries a mandatory jail sentence of 5 days to 6 months, while a third offense can result in 30 days to 1 year. For four offenses or more, penalties increase significantly and may include up to 3 years in prison.
Judges may consider alternatives like community service or treatment programs for first-time offenders, but this is at the court’s discretion.
Probation
Probation is often included in Wisconsin OWI sentencing, especially for those who avoid jail time. Probation terms typically require offenders to complete alcohol education programs, abstain from alcohol or drug use, and regularly report to a probation officer. Probation periods generally last 6 months to 2 years, depending on the offense.
Failing to comply with probation conditions can lead to stricter penalties, including jail time or extended probation. In Wisconsin, probation services are typically managed by the local court or corrections department.
Drug and Alcohol Education Program
Participation in a state-approved alcohol education or treatment program is mandatory for OWI offenders in Wisconsin. The Intoxicated Driver Program (IDP) is a common requirement, which includes an assessment and may involve follow-up counseling or treatment. Costs for these programs typically range from $250 to $500, depending on the level of intervention required.
For repeat offenders, the court may order participation in more intensive treatment programs or rehabilitation centers.
Suspension or Loss of License
License suspension is a typical penalty for OWI convictions in Wisconsin. For a first offense, you may face a suspension of 6 to 9 months, while a second offense can result in a suspension of 12 to 18 months. For third offenses, the suspension period increases to 2 to 3 years.
To reinstate your license, you’ll need to pay reinstatement fees, complete required programs, and, in most cases, install an ignition interlock device (IID). An IID ensures you are sober by requiring a breath test before your vehicle starts.
What Should You Do When Charged With a DUI in Wisconsin?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With Wisconsin DUI Law
The first step after being charged with an OWI is to consult a qualified attorney. An experienced lawyer can review your case, identify potential defenses, and work to minimize the consequences you face.
Step 2: Learn About Your State’s DUI Laws
Wisconsin’s OWI laws are complex, but understanding how they apply to your situation is critical. Your attorney can help you navigate the legal process and explain the potential outcomes based on the specifics of your case.
Step 3: Request a DMV Hearing
In Wisconsin, you have a limited amount of time to request a hearing with the Department of Transportation to contest the automatic suspension of your license. Missing this deadline can result in an immediate suspension. Contact your local DMV office to submit your request.
A DUI offense in Wisconsin will trigger an automatic driver’s license suspension of 6-12 months. The suspension begins 30 days after the offense, and you will be issued a temporary driving permit for the interim. Within 10 days of the offense, you can request an administrative review hearing with the Wisconsin Department of Transportation.
Step 4: Prepare for Court Appearance
Your attorney will help you gather evidence, review the arrest process for potential errors, and build a defense tailored to your case. Whether negotiating for reduced charges or preparing for trial, a strong defense is critical to achieving the best outcome.
Step 5: Receive Sentencing or Exoneration
If convicted, it’s crucial to comply with all court-ordered obligations, including paying fines, attending programs, and adhering to probation terms. Completing these requirements promptly helps you avoid additional penalties and demonstrates accountability.
Work with an Experienced Local DUI Lawyer in Wisconsin
Should you ever find yourself charged with a DUI, you need to work with an experienced Wisconsin lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you in Wisconsin today. We can even help you connect with legal help across Wisconsin state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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