What happens if I get an OWI in Wisconsin?

Wisconsin is the only U.S. state that treats a first-offense OWI as a non-criminal civil forfeiture rather than a misdemeanor — but the financial and license consequences are still substantial.

1. Per Se BAC Standard

Wis. Stat. § 346.63(1)(b) sets adult per se OWI at 0.08% BAC; § 346.63(5) sets the "high-tier" enhancement at 0.17%-0.199%, 0.20%-0.249%, and 0.25%+. Commercial limit is 0.04% under § 346.63(7); under-21 "Not a Drop" zero tolerance is 0.00% under § 346.63(2m).

2. Implied Consent

Wis. Stat. § 343.305 requires submission to chemical testing. First refusal triggers a 1-year license revocation plus IID requirement; first refusal is treated identically to OWI for revocation purposes. The refusal hearing must be requested within 10 days.

3. First-Offense Penalties

First OWI under § 346.63(1) is a civil forfeiture (non-criminal): $150-$300 fine plus $400-$500 in surcharges and assessments (~$800 total), 6-9 month license revocation, IID required if BAC 0.15%+, mandatory Alcohol and Other Drug Assessment (AODA), and Driver Safety Plan compliance.

4. Enhancements

Second OWI in lifetime is criminal Class B misdemeanor with 5-day mandatory jail; third OWI is Class H felony with 45-day mandatory; fourth OWI is Class H felony with 60-day mandatory; tenth OWI is Class E felony. OWI causing injury (§ 940.25) is Class F felony; homicide by intoxicated use (§ 940.09) is Class D or C felony. Child passenger under 16 under § 346.65(2)(f) doubles penalties.

5. Administrative License Suspension (ALS)

The arresting officer issues a Notice of Intent to Suspend; the 30-day administrative suspension takes effect automatically for BAC 0.08%+. You may request a review hearing within 10 days of the notice.

6. Court Process

First OWI: civil municipal/circuit court forfeiture case — no right to court-appointed counsel because non-criminal, no jail risk. Second+ OWI: criminal arraignment, preliminary hearing (felony), plea/trial in circuit court.

7. Long-Term Consequences

SR-22 high-risk insurance for 3 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), first OWI cannot be expunged because it is a civil forfeiture (no criminal record to expunge, but appears on driving record), criminal OWI convictions permanent.

This is legal information, not legal advice.