Arrested On Suspicion Of Drunk Driving In Wisconsin?

In Wisconsin, even a first offense OWI (operating while intoxicated) carries stiff consequences. As the number of offenses goes up, so do the penalties. Our Milwaukee OWI lawyers bring knowledge and dedication to your defense ― striving to help you avoid the consequences of an alcohol-related conviction.

At Buting, Williams & Stilling, S.C., in Brookfield and Glendale, Wisconsin, we defend people throughout the state who have been arrested for or charged with drunk driving. If you have been charged with drunk driving and are concerned about the consequences, call us at (262) 821-0999 or contact us online to schedule your free consultation with a Waukesha County OWI defense attorney.

OWI Penalties And Laws In Waukesha County, Wisconsin

The following are the penalties for Operating While Intoxicated, Operating With Prohibited Alcohol Content or Operating With Restricted Controlled Substance offenses in Wisconsin:

  • First-offense: forfeiture of $150 to $300 (plus costs approx. $500), 6 to 9 month driver's license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver's record and mandatory ignition interlock installed for 12 months on all vehicles titled in your name if a chemical test was refused or the breath/blood alcohol content was greater than .15. This is a civil offense in Wisconsin.
  • First offense with minor passenger in vehicle: mandatory 5 days to 6 months jail, fine of $150 to $300 (plus costs approx. $500), 6 to 9 month driver's license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver's record and mandatory ignition interlock installed for 12 months if a chemical test was refused or the breath/blood alcohol content was greater than .15. This is a misdemeanor offense in Wisconsin.
  • First offense with minor injury to a passenger: 30 days to 1 year jail, $300 to $2,000 fine, plus costs (approx. $500), 1 to 2 year driver's license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver's record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • First or subsequent offense with serious injury to a passenger: up to 12 ½ years prison , up to $25,000 fine, plus costs (approx. $500), 2 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Second-offense ( prior committed within ten years of current offense): mandatory 5 days to 6 months jail, $350 to $1,100 fine, plus costs (approx. $500), 12 to 18 month driver's license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver's record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • Second-offense with minor injury to a passenger (prior committed within ten years of current offense): 30 days to 1 year jail, $300 to $2,000 fine, plus costs (approx. $500), 1 to 2 year driver's license revocation, mandatory alcohol assessment followed by education or treatment, six points added to your driver's record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • Third-offense (2 priors committed within lifetime): mandatory 30 days to 1 year jail, $600 to $2,000 fine, plus costs (approx. $500), 2 to 3 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • Third or subsequent offense with minor injury to a passenger (priors committed within lifetime): up to 6 years prison , up to $10,000 fine, plus costs (approx. $500), 2 to 3 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Fourth-offense (three priors committed within lifetime, no priors committed within last 5 years): mandatory 60 days to 1 year jail, $600 to $2,000 fine, plus costs (approx. $500), 2 to 3 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a misdemeanor offense in Wisconsin.
  • Fourth-offense (three priors committed within lifetime, one committed within last 5 years): mandatory 6 months to 6 years jail/prison , $600 to $10,000 fine, plus costs (approx. $500), 2 to 3 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Fifth or Sixth- offense (priors committed within lifetime): mandatory 6 months to 6 years jail/prison , $600 to $10,000 fine, plus costs (approx. $500), 2 to 3 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Seventh, Eighth or Ninth (priors committed within lifetime): 3 to 10 years prison , up to $25,000 fine, plus costs (approx. $500), 2 to 3 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Tenth or greater (priors committed within lifetime): 4 to 12 ½ years prison , up to $25,000 fine, plus costs (approx. $500), 2 to 3 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • Any offense where a death occurs: up to 25 years prison, up to $100,000 fine, plus costs (approx. $500), 2 year driver's license revocation, mandatory alcohol assessment followed by treatment, six points added to your driver's record and mandatory ignition interlock. This is a felony offense in Wisconsin.
  • First offense Chemical Test Refusal: 1 year revocation, a mandatory alcohol assessment followed by education treatment and mandatory ignition interlock. This is a civil offense in Wisconsin.
  • Second offense Chemical Test Refusal: 2 year revocation, a mandatory alcohol assessment followed by education treatment and mandatory ignition interlock. This is a civil offense in Wisconsin.
  • Third or greater offense Chemical Test Refusal: 3 year revocation, a mandatory alcohol assessment followed by education treatment, and mandatory ignition interlock. This is a civil offense in Wisconsin.

NOTE:

  • Occupational licenses are available during most revocations when there have been no previous suspensions or revocations during the preceding 12 months.
  • Unless undue hardship would ensue, whenever Ignition Interlock is mandated every vehicle titled in the offender's name must be equipped with an IID device and the offender's privilege to operate is restricted to vehicles equipped with an IID.
  • Prohibited Blood/Breath alcohol levels are .08 for first, second and third offenses, .02 for fourth and subsequent offenses and for all commercial motor vehicle offenses.
  • Forfeitures and fines double, triple and quadruple at blood/breath alcohol levels exceeding .17, .20 and .25 respectively.
  • Repeat offenders may also face penalties that include vehicle forfeiture and installation of an ignition interlock device.

Contact A Waukesha County OWI Defense Attorney

If you or a family member has been arrested for drunk driving, contact Buting, Williams & Stilling, S.C. to schedule a free initial consultation with an OWI defense attorney.