Wisconsin OWI Laws and Penalties (effective 07-01-10)

New Wisconsin DUI / OWI Laws and Penalties start July 1st, 2010. The new Wisconsin DUI laws increase penalties for First Offense DUI in Wisconsin as well as impact the penalties for repeat offenders. The law changes are included below.

OWI First Offense Penalties

▸ Fine of $150 – $300 plus $365 OWI Surcharge
▸ 6 – 9 month license revocation
▸ Eligible to apply for Occupational License immediately
▸ Alcohol Assessment Required
▸ Ignition Interlock Required if BAC is .15 or higher
▸ Citation
▸ Passenger under the age of 16:
▸ 5 days to 6 months jail
▸ Misdemeanor

OWI Second Offense Penalties

▸ Fine of $350 – $1,100 plus $365 OWI Surcharge
▸ 5 days to 6 months in jail
▸ Maximum Probation – 2 years
▸ 12 – 18 month license revocation
▸ Eligible to apply for Occupational License after 45 days
▸ If 2 or more offenses within 5 years you will be eligible to apply for Occupational license after 12 months
▸ Alcohol Assessment Required
▸ Ignition Interlock Required
▸ Misdemeanor
▸ Passenger under the age of 16 (2nd Offense in 10 years)
▸ 10 days to 1 year in jail
▸ Misdemeanor

OWI Third Offense Penalties

▸ Fine of $600 – $2,000 plus $365 OWI Surcharge
▸ 45 days – 1 year jail
▸ Maximum Probation – 2 years
▸ 2 – 3 years license revocation
▸ Eligible to apply for Occupational License after 45 days
▸ If 2 or more offenses within 5 years you will be eligible to apply for Occupational license after 12 months
▸ Alcohol Assessment Required
▸ Ignition Interlock Required
▸ Misdemeanor
▸ Passenger under the age of 16
▸ 90 days to 2 years in jail
▸ Class U Felony

OWI Fourth Offense Penalties

▸ With NO prior offenses in the last 5 years
▸ Fine of $600 – $2,000 plus $365 OWI Surcharge
▸ 60 days – 1 year in jail
▸ Maximum Probation – 3 years
▸ 2 – 3 year license revocation
▸ Eligible to apply for Occupational License after 45 days
▸ Alcohol Assessment Required
▸ Ignition Interlock Required
▸ Misdemeanor
▸ Passenger under the age of 16
▸ 120 days to 2 years in jail
▸ Class U Felony

▸ With Prior offenses in last 5 years
▸ Fine of $600 – $10,000 plus $365 OWI Surcharge
▸ 6 months to 6 years in jail
▸ Maximum Probation – 3 years
▸ 2 – 3 years license revocation
▸ Eligible to apply for Occupational License after 45 days (2 or more offenses in last 5 years you are eligible to apply for Occupational License after 12 months)
▸ Alcohol Assessment Required
▸ Ignition Interlock Requires
▸ Class H Felony
▸ Passenger under the age of 16
▸ 1 year minimum jail time
▸ Enhanced Class H Felony

OWI Fifth or Sixth Offense Penalties

▸ Fine of $600 – $10,000 plus $365 OWI Surcharge
▸ 6 months to 3 years imprisonment
▸ Up to 3 years Extended Supervision
▸ Maximum Probation – 3 years
▸ 2 – 3 year license revocation
▸ Eligible to apply for Occupational License after 45 days (2 or more offenses in last 5 years you are eligible to apply for Occupational License after 12 months)
▸ Alcohol Assessment Required
▸ Ignition Interlock Required
▸ Class H Felony
▸ Passenger under the age of 16
▸ 1 to 6 years imprisonment
▸ Up to 6 years Extended Supervision
▸ Enhanced Class H Felony
▸ Maximum Probation – 6 years

OWI Seventh, Eighth or Ninth Offense Penalties
▸ Fine up to $25,000 plus $365 OWI Surcharge
▸ 3 to 5 years imprisonment
▸ Up to 5 years Extended Supervision
▸ 2 – 3 years license revocation
▸ Eligible to apply for Occupational License after 45 days (2 or more offenses in last 5 years you are eligible to apply for Occupational License after 12 months)
▸ Alcohol Assessment Required
▸ Ignition Interlock Required
▸ Class G Felony
▸ Passenger under the age of 16
▸ 6 to 10 years imprisonment
▸ Up to 10 years of Extended Supervision
▸ Enhanced Class G Felony

OWI Tenth Offense Penalties

▸ Fine up to $25,000 plus $365 OWI Surcharge
▸ 4 to 7.5 years imprisonment
▸ Up to 5 years Extended Supervision
▸ 2 – 3 years license revocation
▸ Eligible to apply for Occupational License after 45 days (2 or more offenses in last 5 years you are eligible to apply for Occupational License after 12 months)
▸ Alcohol Assessment Required
▸ Ignition Interlock Required
▸ Class F Felony
▸ Passenger under the age if 16
▸ 8 to 15 years imprisonment
▸ Up to 10 years Extended Supervision
▸ Enhanced Class F Felony

Top Rated Wisconsin DUI Defense Attorney Nathan J. Dineen practices 100% DUI Defense throughout the entire state of Wisconsin. He is a certified field sobriety test instructor and drug recognition evaluator. He is available 24/7. Free Consultation, Call 1-877-384-6800.