Wisconsin OWI Laws: Guide to Drunk Driving Charges and Penalties

Getting Started

If you’re charged with an OWI in Wisconsin, it’s essential to understand the legal and administrative processes involved. You face both administrative penalties from the Wisconsin Department of Transportation (WisDOT) and criminal charges through the court system. Understanding Wisconsin OWI laws is crucial for navigating the state’s legal process and working toward license reinstatement.

Definitions to Know

Wisconsin Department of Transportation (WisDOT)

The Wisconsin Department of Transportation handles the administrative aspects of OWI cases, including license suspensions, revocations, and reinstatement requirements. WisDOT oversees the ignition interlock device program and SR-22 insurance filing requirements. They also administer restricted license applications for those eligible to drive during a suspension period.

Steps to Take After OWI Arrest in Wisconsin

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes, potentially reducing penalties or identifying defense options.

2. License Suspension

   Your driving privileges will be automatically suspended if you fail a chemical test or refuse to take one. The suspension begins 30 days after the notice of suspension is issued.

3. Request an Administrative Hearing

   If disputing a suspension, you must request a hearing with the Wisconsin Division of Motor Vehicles (DMV) within 10 business days of your arrest.

4. Apply for an Occupational License

   If eligible, you may apply for limited driving privileges through an occupational license, which typically restricts driving to essential purposes like work, school, or treatment.

5. Install an Ignition Interlock Device

   Required for all repeat OWI offenses and first-time offenses with a BAC of 0.15% or higher.
   Explore IIDs

6. File an SR-22 Form

   Proof of insurance-related financial responsibility through an SR-22 may be required for license reinstatement following an OWI conviction. Your insurance provider must file this form directly with the DMV.

7. Complete Substance Abuse Assessment

   All drivers convicted of OWI must undergo an alcohol and drug assessment and comply with treatment recommendations.

8. Pay Fines and Fees

   You’ll need to pay court fines depending on offense number, plus license reinstatement fees and other costs.

9. Complete OWI Education Program

   Mandatory alcohol education courses will likely be required as determined by your assessment.

10. Attend Court Proceedings

    Your criminal case will proceed independently from administrative actions and may involve multiple court appearances.

11. Comply with Probation

    Probation terms may include regular check-ins, sobriety monitoring, and abstaining from alcohol or drugs.

    Learn about discrete, personal sobriety monitoring tools.

12. Avoid Further Violations

    Additional OWI offenses or violating the terms of your restricted license can result in extended suspensions, mandatory jail time, and significantly increased penalties.

DUI Laws in Wisconsin

What Are the Legal Driving Alcohol Limits in Wisconsin?

In Wisconsin, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).

Felony vs Misdemeanor OWI Charges

In Wisconsin, OWI offenses can be classified as either misdemeanors or felonies depending on several factors:

Refusing a Chemical Test Under Michigan OWI Law

Wisconsin has an implied consent law. This law means you automatically give your permission to be chemically tested when operating a vehicle on public roads. Refusing to submit to a blood, breath, or urine test when lawfully requested by a law enforcement officer carries serious penalties separate from any OWI charge.

DUI Penalties & Consequences

Penalties for OWIs in Wisconsin become progressively severe with each conviction and may be enhanced by high BAC levels or having child passengers in the vehicle.

Penalties for OWI Offenses in Wisconsin

Aggravating Factors That Increase Wisconsin OWI Penalties

In Wisconsin, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:

• High BAC Level: BAC of 0.15% or higher results in increased penalties and mandatory IID installation.
• Child Passengers: Having a passenger under 16 years old adds mandatory jail time and increased fines, even for first offenses.
• Causing Injury or Death: For first OWI causing injury, the penalty is a misdemeanor of 30 days to 1 year. For a first OWI causing death, the penalty is a felony with a fine of up to $100,000 and prison for up to 25 years.
• Test Refusal: Refusing a chemical test adds additional penalties and longer license revocation periods.
• Open Container: Having open intoxicants in the vehicle results in additional fines.
• Multiple Convictions: Wisconsin counts all previous OWI convictions regardless of how long ago they occurred.

Driving Without a Valid License

Driving with a suspended or revoked license in Wisconsin is a serious offense, especially when the suspension is OWI-related. Penalties include additional fines of up to $2,500, extended suspension periods, and potential jail time of up to one year.

Driving with a revoked license due to OWI may result in vehicle impoundment. Additionally, if caught driving without the required ignition interlock when ordered, you may face further penalties and license sanctions.

License Suspension

Who Determines if You Can Continue Driving After an OWI

The Wisconsin Department of Transportation and the court system both play roles in determining driving privileges following an OWI.

Administrative Suspension (WisDOT):

• Occurs automatically when you fail a chemical test (0.08% BAC or higher)
• Takes effect 30 days after notice is issued
• Separate from any court-ordered suspension
• Immediately eligible to apply for an occupational license

Court-Ordered Suspension/Revocation:

• Determined at sentencing if convicted of OWI
• Length depends on offense number and BAC level
• May run concurrently with administrative suspension
• More severe restrictions for repeat offenses

How Long Will Your License Be Suspended?

Getting your license suspended in Wisconsin means you are no longer allowed to drive a vehicle unless you obtain an occupational license during your suspension period. Here’s how long your regular license may be suspended for an OWI in Wisconsin:

Steps to Reinstate Your License

To regain full driving privileges after an OWI-related suspension in Wisconsin, you must:

1. Serve the full suspension or revocation period.
2. Pay reinstatement fees.
3. Provide proof of financial responsibility via SR-22 form for three years if required.
4. Complete required alcohol assessment and any ordered treatment programs.
5. Install an IID if mandated (required for repeat offenses and first-time offenses with BAC of 0.15% or higher).
6. Pass any required knowledge or road tests (typically for longer revocations).

How to Apply for Occupational License

Follow these steps to obtain an occupational license in Wisconsin:

1. Install an ignition interlock device on any vehicles you operate, if required.
2. File an SR-22 insurance certificate if required.
3. Complete Application MV3027 specifying exact routes and times needed for driving.
4. Provide documentation of need (employment verification, school enrollment, or treatment requirements).
5. Pay the application fee.
6. Bring your application to a DMV service center.
7. Restriction typically allows up to 12 hours of driving per day, 60 hours per week.

Wisconsin Ignition Interlock Device (IID) Requirements

Wisconsin requires ignition interlock devices for all repeat OWI offenses and first-time offenses with a BAC of 0.15% or higher. The IID must be installed in every vehicle titled or registered to you at your own expense.

Key requirements include:

• Must be installed for a minimum of one year for first offenses and 1-3 years for subsequent offenses
• Only IIDs from vendors approved by WisDOT can be used
• Operation without a required IID is a criminal offense with additional penalties
• Regular calibration and maintenance required
• Device will record any violations (attempted starts after drinking or tampering)

Selecting the right ignition interlock provider can make a world of difference.

Find the Right Interlock Provider

SR-22 Insurance Requirements

Following an OWI conviction in Wisconsin, you may be required to maintain SR-22 insurance (certificate of financial responsibility) for a minimum of three years. This special insurance filing verifies you have the minimum liability coverage required by law and must be maintained continuously throughout the mandated period.

Key points about SR-22 in Wisconsin when applicable:

• Must be filed by your insurance company directly with the DMV
• Typically increases insurance rates substantially at next renewal
• Any lapse or cancellation will be reported immediately to WisDOT
• Cancellation results in automatic license suspension until a new SR-22 is filed
• Must maintain SR-22 coverage for three continuous years
• $25 filing fee plus increased premium costs
• Minimum required liability coverage: $25,000 for death to one person, $50,000 for personal injury, $10,000 for property damage

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Intoxicated Driver Program

If convicted of OWI in Wisconsin, you must complete an alcohol and drug assessment at a state-approved facility. Based on the assessment results, you may be required to complete education or treatment programs.

The assessment process includes:

• Interview with a certified counselor
• Review of your driving and criminal history
• Evaluation of your alcohol and drug use patterns
• Determination of appropriate intervention level
• Recommendations for education, counseling, or treatment

Program requirements increase with each subsequent offense and may include:

• Group counseling sessions
• Individual therapy
• Intensive outpatient treatment
• Inpatient rehabilitation for severe cases
• Regular attendance at support groups
• Ongoing sobriety monitoring

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About OWIs in Wisconsin

Sources

1. Wisconsin Legislative Reference Bureau. (n.d.). Wisconsin OWI laws. https://docs.legis.wisconsin.gov/misc/lrb/lrb_reports/lrb_reports_2_8.pdf
2. Wisconsin Department of Transportation. (n.d.). Drunk driving (OWI) law. https://wisconsindot.gov/Pages/safety/education/drunk-drv/ddlaw.aspx
3. FindLaw. (n.d.). What are the Wisconsin OWI laws? https://www.findlaw.com/state/wisconsin-law/what-are-the-wisconsin-owi-laws.html
4. National College for DUI Defense. (n.d.). Wisconsin DUI/OWI laws. https://www.ncdd.com/wisconsin-dui-owi-laws
5. Wisconsin Law Library. (n.d.). Drunk driving. https://wilawlibrary.gov/topics/justice/crimlaw/drunk.php
6. Wisconsin Department of Transportation. (n.d.). Ignition interlock device. https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/IID.aspx
7. Wisconsin Department of Transportation. (n.d.). Proof of insurance. https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/proof-of-insurance.aspx
8. Wisconsin Department of Health Services. (n.d.). IDP directory. https://www.dhs.wisconsin.gov/idp/directory.htm