Arrested for OWI
in Wisconsin?
A OWI arrest in Wisconsin is serious — but it doesn't have to define your future. Understanding the law is your first step. Get a free evaluation and connect with an experienced Wisconsin OWI attorney who can fight for you.
- BAC limit: 0.08% (0.00% if under 21)
- 10 years lookback period for prior offenses
- You have 10 days to request a license hearing
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Wisconsin OWI Penalties by Offense
Wisconsin uses a 10 years lookback period — prior convictions within that window escalate your penalties significantly.
First Offense
- JailNone (1st offense is civil)
- Fine$150 to $300
- License Suspension6 to 9 months
- Ignition InterlockNo
Second Offense
- ClassificationMisdemeanor
- PenaltiesNot less than 5 days or more than 6 months and not less than $350
- Lookback Window10 years
Third Offense & Beyond
- ClassificationMisdemeanor (Felony if 4th+)
- PenaltiesNot less than 45 days or more than 1 year and not less than $600
Aggravated OWI (BAC ≥ 0.15%): Higher BAC levels trigger enhanced penalties in Wisconsin. If your BAC was significantly above the legal limit, you may face mandatory minimums, additional fines, or elevated charges. An experienced Wisconsin OWI attorney can evaluate the specific circumstances of your case.
What Happens to Your License
Wisconsin operates a two-track system — your license faces consequences from both the court and the DMV independently. You must act fast on both fronts.
- 10-Day Rule: You have just 10 days from your arrest to request an administrative hearing to contest your license revocation. Miss this window and your license is automatically revoked.
- 1st Offense Suspension: 6 to 9 months
- Refusal Consequences: Refusing a chemical test triggers an automatic license revocation of 1 year under Wisconsin's implied consent law — separate from any criminal penalties.
- Ignition Interlock: Mandatory ignition interlock device required.
Wisconsin OWI Defense Strategies
Even if you failed a breath test, that doesn't mean your case is lost. Experienced Wisconsin OWI attorneys challenge charges on multiple grounds:
Special Wisconsin OWI Circumstances
Under 21
Wisconsin applies a strict zero-tolerance policy — any detectable alcohol for drivers under 21. Revocation 6 months (15 days mandatory), or 12 months if driver was transporting a minor under 16. A OWI on a young driver's record can affect college applications, employment, and insurance for years.
Commercial Drivers
CDL holders in Wisconsin are held to a stricter 0.04% BAC standard while operating a commercial vehicle. A OWI conviction can result in a 1-year CDL disqualification for a first offense — and a lifetime ban for a second offense. Even an off-duty OWI in your personal vehicle can threaten your commercial license and livelihood.
Drug OWI
Wisconsin law prohibits driving under the influence of any drug — including prescription medications and marijuana — not just alcohol. You do not need to be above a BAC limit for drug owi charges; impairment alone is sufficient. The same criminal penalties apply, and drug owi cases often involve more complex evidence that an experienced attorney can challenge.
Don't Face Wisconsin's OWI System Alone
The 10-day deadline to protect your license is already counting down. Get your free evaluation now and find out exactly where you stand.
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Legal Disclaimer: The information on this page is for general educational purposes only and reflects laws as reported by the NHTSA Digest of Impaired Driving Laws. OWI laws in Wisconsin change frequently. This is not legal advice. Always consult a licensed Wisconsin OWI attorney for guidance specific to your situation.