Updated on October 27th, 2021 at 08:56 pm

Do not pass “GO.” Do not collect $200…Getting a Wisconsin DUI is not a game where you can roll the dice or use a “Get out of jail Free” card.  A person charged with drunk driving will have to face the consequences, but that does not mean that every Wisconsin DUI offender faces jail time.

General Wisconsin Jail Time Sentencing

Drivers charged with a first offense Wisconsin DUI will not serve jail time.  However, if a passenger under the age of 16 is in the vehicle during the time of the Wisconsin drunk driving arrest, the driver may face jail time of 5 days to 6 months.  A second offense Wisconsin DUI also means 5 days to 6 months jail sentence.  A driver with a Wisconsin DUI third offense will face 45 days to 1 year of jail time.  A Wisconsin DUI fourth offense, with no prior offenses occurring within the last five years, will face 60 days to one year of jail, while a fourth offense with a prior offense within the last five years will 6 months to 6 years.

Mitigating or Aggravating Factors Effect Wisconsin Jail Time

Each Wisconsin DUI offense has a range of jail time to serve.  Depending on factors of each case, a person who has mitigating factors, such as cooperation with the Wisconsin police officer, no prior Wisconsin DUIs within the last five years, lower Blood Alcohol Content (BAC), and no injury or accident, is likely to be charged at the lower end of the Wisconsin sentencing for jail time.  A Wisconsin driver with aggravating factors, such as multiple priors or a prior Wisconsin DUI within the last five years, uncooperative or aggressive behavior towards an arresting Wisconsin police officer, and injury or accident, is more likely to be sentenced at the higher end of Wisconsin sentencing for jail time.

Wisconsin DUI Huber Privileges

A Wisconsin drunk driving offender may have the option for work release, or Wisconsin Huber privileges, while serving jail time.  The program allows a Wisconsin DUI offender to continue employment and financially provide for their family, while serving their jail time sentence.   Wisconsin Huber Law requires a person to work at least three days a week with an employer providing health insurance, must have one full day in jail per week, and the time allotted out of jail per day is a regular eight hour day plus travel.  A person who works more than an eight hour day must request special permission.

Hire Wisconsin DUI Defense Attorney Nathan J. Dineen

When a Wisconsin driver has been charged with drunk driving, jail time is a common concern.  Contact Nathan J. Dineen of Vanden Heuvel & Dineen, S.C. at 1-877-384-6800 to determine jail time and learn about your options.  Attorney Dineen is a top-rated Appleton drunk driving defense Attorney in Wisconsin, and aggressively defends his clients for the best possible outcome.