Wisconsin OWI Laws & Penalties
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⚠️ Wisconsin is the ONLY state where a first OWI is a NON-CRIMINAL civil forfeiture (no jail, no criminal record) — the single most important WI fact. Lifetime lookback. Refusal counts as a prior offense.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0%, enhanced at 0.15%).
- Lookback period: lifetime. Lifetime lookback — every prior OWI counts forever and cannot be expunged. Refusals count as priors. (A first-offense-only exception: the 10-year count matters for whether a 2nd is criminal, but priors never wash out.)
- Primary statute: Wis. Stat. § 346.63 (offense); § 346.65 (penalties)
0.15+ triggers mandatory IID even on a first offense; 0.17+/0.20+/0.25+ escalate fines and minimums on repeats. Under-21 = absolute sobriety (0.00). Commercial 0.04.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | CIVIL forfeiture (non-criminal) — unique to Wisconsin | none – none (no jail — civil) | $150–$300 ($150–300 forfeiture plus a large OWI surcharge (~$435) and assessments) | 6–9 month revocation – 9 months; hardship: occupational license after 15–30 days | Not required |
| Second offense | misdemeanor (criminal) | 5 days – 6 months; mandatory min 5 days | $350–$1,100 (plus OWI surcharge/assessments) | 12–18 month revocation – 18 months; hardship: occupational license; IID 1 year mandatory | Required |
| Third offense | misdemeanor (criminal) | 45 days – 1 year; mandatory min 45 days | $600–$2,000 | 2–3 year revocation – 3 years; hardship: IID 1–3 years mandatory | Required |
| Fourth+ offense | FELONY (4th and subsequent) | 60 days (Class H felony, up to 6 years) – 6 years (4th); higher classes for 5th–10th; mandatory min 60 days | $0–$25,000 (felony fine range) | 2–3 year revocation; IID – years; hardship: IID mandatory | Required |
First offense
- Classification: CIVIL forfeiture (non-criminal) — unique to Wisconsin
- Jail: none – none (no jail — civil)
- Fine: $150–$300 ($150–300 forfeiture plus a large OWI surcharge (~$435) and assessments)
- License suspension: 6–9 month revocation – 9 months; hardship: occupational license after 15–30 days
- Alternative disposition: Not applicable — it's already civil. Alcohol assessment (IDP) mandatory.
- Interlock: IID mandatory 1 year if BAC 0.15+ (or on refusal); otherwise not required on a bare first offense.
- The ONLY US state treating a first OWI as non-criminal (unless a minor passenger or injury is involved, which criminalizes it).
Second offense
- Classification: misdemeanor (criminal)
- Jail: 5 days – 6 months; mandatory min 5 days
- Fine: $350–$1,100 (plus OWI surcharge/assessments)
- License suspension: 12–18 month revocation – 18 months; hardship: occupational license; IID 1 year mandatory
Third offense
- Classification: misdemeanor (criminal)
- Jail: 45 days – 1 year; mandatory min 45 days
- Fine: $600–$2,000
- License suspension: 2–3 year revocation – 3 years; hardship: IID 1–3 years mandatory
Fourth+ offense
- Classification: FELONY (4th and subsequent)
- Jail: 60 days (Class H felony, up to 6 years) – 6 years (4th); higher classes for 5th–10th; mandatory min 60 days
- Fine: $0–$25,000 (felony fine range)
- License suspension: 2–3 year revocation; IID – years; hardship: IID mandatory
- Wisconsin made the 4th offense a felony regardless of timing (2018). 5th/6th = Class G; 7th–9th = Class F; 10th+ = Class E.
Refusing a chemical test (implied consent)
Refusal: 1-year revocation first (2 years second, 3 years third) AND the refusal COUNTS AS A PRIOR OFFENSE for future OWI enhancement — a distinctive WI rule. Refusal admissible.
Statute: Wis. Stat. § 343.305
Ignition interlock
IID mandatory for all repeat offenders and for any first offense at 0.15+ or with a refusal (1 year+); occupational licenses require IID where applicable.
Statute: Wis. Stat. § 343.301
Frequently asked questions
What is the penalty for a first OWI in Wisconsin?
A first OWI in Wisconsin is a CIVIL forfeiture (non-criminal) — unique to Wisconsin. Jail: none – none (no jail — civil). Fine: $150–$300 ($150–300 forfeiture plus a large OWI surcharge (~$435) and assessments). License suspension: 6–9 month revocation – 9 months; hardship: occupational license after 15–30 days.
What is the legal BAC limit in Wisconsin?
0.08% for most drivers, 0.04% for commercial drivers, and 0% for drivers under 21.
How long does Wisconsin look back at prior OWI offenses?
lifetime. Lifetime lookback — every prior OWI counts forever and cannot be expunged. Refusals count as priors. (A first-offense-only exception: the 10-year count matters for whether a 2nd is criminal, but priors never wash out.)