What are OWI penalties in Wisconsin?

Wisconsin OWI law, Wis. Stat. § 346.63 et seq., is famously the only state in the U.S. where a first OWI is not a criminal offense.

1. BAC Limits — .08% for drivers 21+ on first three offenses, .02% on fourth+ offense (lifetime lookback), .04% for commercial drivers, any amount for drivers under 21 ('Not-A-Drop' law).

2. First Offense (Civil) — Civil forfeiture (NOT a crime): $150-$300 fine plus surcharges (typically $700-$1,000 total), 6-9 month license revocation, mandatory alcohol/drug assessment, ignition interlock for 1 year if BAC .15+ or refusal, no jail. Does not appear on criminal record.

3. Second Offense within 10 years — Misdemeanor crime: 5 days to 6 months jail, $350-$1,100 fine, 12-18 month license revocation, mandatory IID for 1 year, alcohol assessment.

4. Third Offense (Lifetime Lookback for 3rd+) — Misdemeanor: 45 days to 1 year jail, $600-$2,000 fine, 2-3 year revocation, IID for 1-3 years.

5. Fourth Offense — Class H felony: 60 days to 6 years prison, $600-$10,000 fine, 2-3 year revocation, IID for life.

6. Fifth or Sixth Offense — Class G felony: 6 months to 10 years prison, up to $25,000 fine, lifetime IID.

7. Seventh, Eighth, or Ninth Offense — Class F felony: 3-12.5 years prison.

8. Tenth or Subsequent Offense — Class E felony: 4-15 years prison.

9. OWI Causing Injury (§ 940.25) — Class F felony: up to 12.5 years prison.

10. Homicide by Intoxicated Use (§ 940.09) — Class D felony: up to 25 years prison (Class C if prior OWI).

11. Implied Consent (§ 343.305) — Refusing chemical test triggers a 1-year license revocation (2 years for second refusal in 10 years, 3 years for third) — even if first OWI civil ticket is dismissed.

12. Aggravating Factors — Child under 16 in vehicle doubles all penalties and elevates the offense one level. BAC .15+ on first offense triggers mandatory IID.

This is legal information, not legal advice.