Wisconsin DUI (OWI) Laws
If you are arrested for operating while intoxicated (OWI) in Wisconsin, you will most likely lose your driving privileges for a specified period of time and may even serve time in jail. In any event, it will cost you plenty of money in fines, court fees, attorney fees, and other hidden costs. Understanding the law will help you prepare for your court procedures, but sometimes professional legal help is crucial.
Below are details about Wisconsin's OWI laws and penalties, with links to additional resources.
Wisconsin OWI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent
|"Per Se" BAC Limit||0.08 Percent|
|Zero Tolerance (Underage) BAC Limit||0.02 Percent|
|Enhanced Penalty (Aggravated) BAC Limit||0.15 Percent|
|Implied Consent to Submit to BAC Test?||Yes|
Wisconsin OWI Laws: Select Penalties
|Minimum License Suspension or Revocation (1st, 2nd, 3rd offense)||6 months / 1 year / 2 years|
|Mandatory Alcohol Education, Assessment and Treatment||Both|
|Vehicle Confiscation Possible?||No|
|Ignition Interlock Device Possible?||Yes|
Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information.
Ignition Interlock Devices
Ignition interlock devices (IIDs) require the driver to submit a valid breath sample by blowing into a tube attached to the device before it will allow the car to start. Wisconsin OWI law makes IIDs mandatory for the following types of defendants:
- Repeat OWI offenders
- First-time OWI offenders with a BAC of 0.15 percent or higher
- Drivers who refuse to provide a breath or blood sample after a traffic stop
Wisconsin DUI Resources
- OWI Statute: Operating while under the Influence (Wis. Stat. 346.63).
- OWI Penalties - Overview of drunk driving laws in Wisconsin (Wisconsin Department of Transportation).
- Underage Alcohol Offenses - List of the offenses and penalties for underage OWI and other underage alcohol offenses (Wisconsin Department of Transportation)
- Commercial Driver License OWI Penalties - Summary of the regulations and penalties for OWI applicable to commercial drivers (Wisconsin Department of Transportation)
- Alcohol and Drug Assessment - Details on the required drug or alcohol assessment following any OWI conviction (Wisconsin Department of Transportation).
- Drunk Driving Arrests and Convictions - Statistics for OWI arrests and convictions in Wisconsin (Wisconsin Department of Transportation).
- Drunk Driving - General overview of impaired driving and OWI laws in Wisconsin (Wisconsin Department of Transportation)
- Frequently Asked Questions About IIDs - Summary of how ignition interlock devices work and how they are used under Wisconsin OWI laws (Wisconsin Department of Transportation).
- What are the Wisconsin OWI Laws? - Additional information about Wisconsin's impaired driving laws (FindLaw).
Charged with an OWI? Get Help From a Wisconsin Attorney
Even if you acknowledge that you were in fact driving under the influence of alcohol or other substances, it's always in your best interests to come to court prepared. And if there were errors in your breath test or the police violated protocol, the charges against you probably won't stick. An experienced Wisconsin OWI attorney can help you level the playing field and get the best possible outcome.