DWI/DUI/OWI - Drunk Driving Laws And Attorneys In Wisconsin
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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WISCONSIN DRIVING UNDER THE INFLUENCE (OWI) LAW
It is illegal in Wisconsin for a driver over the age of 21 to operate a motor
vehicle with a Blood/Breath Alcohol Concentration (BAC) of 0.08 or
greater, .04% or higher for commercial motor vehicle operators; While
under the influence of an intoxicant; With a detectable amount of a
restricted controlled substance in his or her blood; or
While under the influence of a controlled substance or any other drug.
For drivers with three or more prior Operating While Intoxicated (OWI)
convictions, the limit is lower: they cannot operate a motor vehicle if their
BAC is greater than 0.02
Drivers under 21 years of age are required by law to maintain "absolute
sobriety," and, for them, driving with any amount of alcohol in their
system is illegal.
Note: A driver is "under the influence" when his or her ability to operate a
motor vehicle is impaired. A person's ability to operate a motor vehicle is
impaired if he or she is less able to safely control the vehicle because of
the consumption of alcohol or controlled substances.
This means that if a police officer pulls you over and determines that you
are impaired by alcohol and/or any other drug, you could be arrested
and prosecuted, regardless of your BAC.
Penalties And Fines For A DUI Conviction In Wisconsin
First OWI Offense
a) Fine or Forfeiture: $150 - $300 plus $365 surcharge
b) Jail: No
c) Suspension Or Revocation: 6 - 9 month revocation
d) Occupational License: Immediately
e) Alcohol Assessment: yes
f) Demerit Points: 6
Second OWI Offense
a) Fine or Forfeiture: $350 - $1,100 plus $365 OWI surcharge
b) Jail: 5 days to 6 months, Winnebago County: 5 - 7 days
c) Suspension Or Revocation: 12 - 18 months, vehicle immobilized or
equipped with IID
d) Occupational License: After 6 months or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Third OWI Offense
a) Fine or Forfeiture: $600 to $2,000 plus $365 surcharge
b) Jail: 30 days to 1 year, Winnebago County: 10 days to 1 year
c) Suspension Or Revocation: 2 to 3 year revocation, vehicle
immobilized or equipped with IID or may be seized
d) Occupational License: After 90 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Fourth OWI Offense
a) Fine or Forfeiture: $600 to $2,000 plus $365 OWI surcharge
b) Jail: 60 days to 1 year
c) Suspension Or Revocation: 2 to 3 year revocation, vehicle
immobilized or equipped with IID or may be seized
d) Occupational License: After 90 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Fifth Or Sixth OWI Offense
a) Fine or Forfeiture: $600 to $10,000 plus $365 OWI surcharge
b) Jail: 6 months to 6 years
c) Suspension Or Revocation: 2 to 3 year revocation, vehicle
immobilized or equipped with IID or may be seized
d) Occupational License: After 90 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Causing Injury While OWI
a) Fine or Forfeiture: $300 to $2,000 plus $365 OWI surcharge
b) Jail: 30 days to 1 year, Winnebago County: 15 days to 1 year
c) Suspension Or Revocation: 1 to 2 year revocation
d) Occupational License: After 60 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Causing Great Bodily Harm While OWI
a) Fine or Forfeiture: Up to $25,000 plus $365 OWI surcharge
b) Jail: Up to 12.5 years
c) Suspension Or Revocation: 2 year revocation
d) Occupational License: After 120 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Homicide While OWI
a) Fine or Forfeiture: Up to $100,000 plus $365 OWI surcharge
b) Jail: Up to 25 years or if one or more prior OWI-related offense, up to
40 years
c) Suspension Or Revocation: 5 year revocation
d) Occupational License: After 120 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
First Chemical Test Refusal: 1 year revocation and driving privileges
available after 30 days
Second Chemical Test Refusal: 2 year revocation and driving privileges
available after 90 days or after 12 months if 2 or more offenses within 5
years, vehicle immobilized or equipped with IID
Third Or More Chemical Test Refusal: 3 year revocation and driving
privileges available after 90 days or after 12 months if 2 or more
offenses within 5 years, vehicle may be seized or equipped with IID
Administrative Suspension For Prohibited Alcohol Concentration: 6
month suspension of license
Notes: Fines, forfeitures, jail and revocation/suspension penalties are
doubled for a person convicted of OWI if a person under 16 years of age
was in the vehicle at the time of the offense.
Generally, second offenses are counted within a 10-year period. Third
and subsequent are counted within an individual’s lifetime dating back
to 1/1/89.
If offense is committed while operating a commercial motor vehicle,
then penalties will include a 1 year CDL disqualification (3 year
disqualification if transporting hazardous materials, or lifetime
disqualification for 2nd offense since July 1, 1987. Any measurable
amount of alcohol ( below .04% ) will result in at least a 24 hour out of
service order.
Winnebago County jail sentences are reduced only if the person
successfully completes probation including alcohol and other drug
treatment. 2005 Act 389.
Driving With A suspended License In Wisconsin
A first offense of driving after revocation can be either a criminal or civil
offense, depending on the reason the operating privilege is revoked.
Second and subsequent charges of driving after revocation are criminal
charges. Penalties for convictions of criminal charges can include jail
time. Driving while suspended is a civil charge. Penalties for convictions
of civil charges do not include jail time.
It is illegal in Wisconsin for a driver over the age of 21 to operate a motor
vehicle with a Blood/Breath Alcohol Concentration (BAC) of 0.08 or
greater, .04% or higher for commercial motor vehicle operators; While
under the influence of an intoxicant; With a detectable amount of a
restricted controlled substance in his or her blood; or
While under the influence of a controlled substance or any other drug.
For drivers with three or more prior Operating While Intoxicated (OWI)
convictions, the limit is lower: they cannot operate a motor vehicle if their
BAC is greater than 0.02
Drivers under 21 years of age are required by law to maintain "absolute
sobriety," and, for them, driving with any amount of alcohol in their
system is illegal.
Note: A driver is "under the influence" when his or her ability to operate a
motor vehicle is impaired. A person's ability to operate a motor vehicle is
impaired if he or she is less able to safely control the vehicle because of
the consumption of alcohol or controlled substances.
This means that if a police officer pulls you over and determines that you
are impaired by alcohol and/or any other drug, you could be arrested
and prosecuted, regardless of your BAC.
Penalties And Fines For A DUI Conviction In Wisconsin
First OWI Offense
a) Fine or Forfeiture: $150 - $300 plus $365 surcharge
b) Jail: No
c) Suspension Or Revocation: 6 - 9 month revocation
d) Occupational License: Immediately
e) Alcohol Assessment: yes
f) Demerit Points: 6
Second OWI Offense
a) Fine or Forfeiture: $350 - $1,100 plus $365 OWI surcharge
b) Jail: 5 days to 6 months, Winnebago County: 5 - 7 days
c) Suspension Or Revocation: 12 - 18 months, vehicle immobilized or
equipped with IID
d) Occupational License: After 6 months or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Third OWI Offense
a) Fine or Forfeiture: $600 to $2,000 plus $365 surcharge
b) Jail: 30 days to 1 year, Winnebago County: 10 days to 1 year
c) Suspension Or Revocation: 2 to 3 year revocation, vehicle
immobilized or equipped with IID or may be seized
d) Occupational License: After 90 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Fourth OWI Offense
a) Fine or Forfeiture: $600 to $2,000 plus $365 OWI surcharge
b) Jail: 60 days to 1 year
c) Suspension Or Revocation: 2 to 3 year revocation, vehicle
immobilized or equipped with IID or may be seized
d) Occupational License: After 90 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Fifth Or Sixth OWI Offense
a) Fine or Forfeiture: $600 to $10,000 plus $365 OWI surcharge
b) Jail: 6 months to 6 years
c) Suspension Or Revocation: 2 to 3 year revocation, vehicle
immobilized or equipped with IID or may be seized
d) Occupational License: After 90 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Causing Injury While OWI
a) Fine or Forfeiture: $300 to $2,000 plus $365 OWI surcharge
b) Jail: 30 days to 1 year, Winnebago County: 15 days to 1 year
c) Suspension Or Revocation: 1 to 2 year revocation
d) Occupational License: After 60 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Causing Great Bodily Harm While OWI
a) Fine or Forfeiture: Up to $25,000 plus $365 OWI surcharge
b) Jail: Up to 12.5 years
c) Suspension Or Revocation: 2 year revocation
d) Occupational License: After 120 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
Homicide While OWI
a) Fine or Forfeiture: Up to $100,000 plus $365 OWI surcharge
b) Jail: Up to 25 years or if one or more prior OWI-related offense, up to
40 years
c) Suspension Or Revocation: 5 year revocation
d) Occupational License: After 120 days or 12 months if 2 or more
offenses in 5 years
e) Alcohol Assessment: yes
f) Demerit Points: 6
First Chemical Test Refusal: 1 year revocation and driving privileges
available after 30 days
Second Chemical Test Refusal: 2 year revocation and driving privileges
available after 90 days or after 12 months if 2 or more offenses within 5
years, vehicle immobilized or equipped with IID
Third Or More Chemical Test Refusal: 3 year revocation and driving
privileges available after 90 days or after 12 months if 2 or more
offenses within 5 years, vehicle may be seized or equipped with IID
Administrative Suspension For Prohibited Alcohol Concentration: 6
month suspension of license
Notes: Fines, forfeitures, jail and revocation/suspension penalties are
doubled for a person convicted of OWI if a person under 16 years of age
was in the vehicle at the time of the offense.
Generally, second offenses are counted within a 10-year period. Third
and subsequent are counted within an individual’s lifetime dating back
to 1/1/89.
If offense is committed while operating a commercial motor vehicle,
then penalties will include a 1 year CDL disqualification (3 year
disqualification if transporting hazardous materials, or lifetime
disqualification for 2nd offense since July 1, 1987. Any measurable
amount of alcohol ( below .04% ) will result in at least a 24 hour out of
service order.
Winnebago County jail sentences are reduced only if the person
successfully completes probation including alcohol and other drug
treatment. 2005 Act 389.
Driving With A suspended License In Wisconsin
A first offense of driving after revocation can be either a criminal or civil
offense, depending on the reason the operating privilege is revoked.
Second and subsequent charges of driving after revocation are criminal
charges. Penalties for convictions of criminal charges can include jail
time. Driving while suspended is a civil charge. Penalties for convictions
of civil charges do not include jail time.
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