Understanding OWI Penalties in Wisconsin: What You Need to Know
If you have been charged with or convicted of an OWI, Operating While Intoxicated, in Wisconsin, it is normal to feel overwhelmed, scared, or confused. The process can seem complicated, the penalties strict, and the legal language intimidating. You are not alone. Thousands of people face this every year.
This guide is designed to give you clear, accurate information about the penalties for OWI in Wisconsin. We will break down fines, jail time, license consequences, ignition interlock requirements, and special circumstances like having a minor in the vehicle or prior convictions. Knowing your obligations is the first step toward taking control of the situation.
First Offense OWI
A first offense in Wisconsin is a civil violation, not a criminal charge, unless there is a minor in the vehicle or someone is injured. Penalties are serious but focus on fines, license suspension, and compliance requirements.
Key Points:
- No jail time unless a minor under 16 is in the vehicle
- License revocation for 6 to 9 months
- Ignition interlock required if BAC is 0.15 or higher
- Occupational license can be applied for immediately
Penalties – First Offense OWI
$150 – $300
(plus $435 OWI surcharge)
None
Revocation: 6-9 month
If BAC ≥ 0.15: IID or 24/7 sobriety program for 1 year
Fine: $350-$1,100
Jail: 5 days – 6 months
Rev./IID Max. Length: 12-18 months + confinement length
Summary
Most first offenders will have fines, a license suspension, and possibly an ignition interlock requirement. Staying compliant can make the process smoother, and you may still be able to drive for work or school with an occupational license.
Second Offense OWI
Penalties depend on whether your prior OWI was within the last 10 years.
Second Offense – No Prior in 10 Years
-
Same fines and revocation length as a first offense
-
No mandatory jail time unless minor in vehicle
-
IID or 24/7 sobriety program for 1 year
Penalties – Second Offense, No Prior in 10 Years
$150 – $300
(plus $435 OWI surcharge)
None
Revocation: 6-9 month
If BAC ≥ 0.15: IID or 24/7 sobriety program for 1 year
Fine: $700-$2,200
Jail: 10 days – 12 months
Rev./IID Max. Length: 2-3 years + confinement length
Penalties depend on whether your prior OWI was within the last 10 years.
Second Offense – No Prior in 10 Years
-
Same fines and revocation length as a first offense
-
No mandatory jail time unless minor in vehicle
-
IID or 24/7 sobriety program for 1 year
Penalties – Second Offense, No Prior in 10 Years
$150 – $300
(plus $435 OWI surcharge)
None
Revocation: 6-9 month
If BAC ≥ 0.15: IID or 24/7 sobriety program for 1 year
Fine: $700-$2,200
Jail: 10 days – 12 months
Rev./IID Max. Length: 2-3 years + confinement length
Summary
Most first offenders will have fines, a license suspension, and possibly an ignition interlock requirement. Staying compliant can make the process smoother, and you may still be able to drive for work or school with an occupational license.
Third Offense OWI
This is treated as a serious repeat offense with mandatory jail time and longer revocation periods.
Penalties – Third Offense
$600 – $2,000
(plus $435 OWI surcharge)
45 days-1 year
Revocation: 2-3 years + confinement length
IID or 24/7 sobriety program: 1-3 years + confinement length
Fine: $1,200-$4,000
Jail: 90 days – 2 years
Rev./IID Max. Length: 4-6 years + confinement length
Summary
Third offenses often bring much longer confinement and extended IID requirements. Court supervision is strict, and compliance is non-negotiable.
Fourth and Subsequent Offenses
At this stage, OWIs are felonies with very serious consequences. Penalties vary by the number of offenses and can include multi-year prison sentences.
You can view the complete fourth through tenth offense breakdown in the Wisconsin DOT Penalty Chart.
Chemical Test Refusal
Refusing a chemical test has separate penalties from an OWI conviction.
First Offense Refusal
-
1 year license revocation
-
IID or 24/7 program for 1 year
-
Can apply for occupational license after 30 days
Second and Third+ Offense Refusals
-
Revocation periods range from 1–3 years
-
Longer wait for occupational license (up to 120 days)
-
Absolute sobriety requirement applies
Special Circumstances that Affect OWI Penalties
-
Drivers under 21 – Any measurable alcohol is a violation
-
Minor in vehicle – Penalties often double
-
Out-of-state convictions – Wisconsin counts many prior offenses from other states
-
Lifetime revocation – Multiple qualifying convictions can lead to permanent license loss
Moving Forward After an OWI in Wisconsin
An OWI charge or conviction is serious, but you can get through it. Knowing your exact penalties and staying compliant with court orders is the fastest way to move forward.
Tools like ignition interlocks, GPS tethers, and alcohol monitoring are not just penalties, they are ways to prove your responsibility and earn back full driving privileges.
SOURCE: DOT-Transportation Safety and Technical Services Bureau; DOT-Office of General Counsel
