Wisconsin DUI/OWI Defense Lawyers

According to the Wisconsin Department of Transportation, almost 28,000 people were arrested for Operating While Intoxicated (OWI) in 2019. Almost 300 of those arrests were people under the age of 18. As of the end of 2019, almost 500,000 Wisconsin drivers had one OWI conviction. 

Drivers over the age of 21 can be charged with OWI, sometimes referred to as DUI, in any of the following circumstances:

• They have a blood/breath alcohol concentration (BAC) of 0.08 or greater.
• They are under the influence of an intoxicant.
• They have a detectable amount of a restricted controlled substance in their blood.
• They are under the influence of a controlled substance or any other drug.​

Drivers with three or more OWI convictions will be considered driving drunk and arrested for OWI if their BAC is greater than 0.02.

Drivers can be charged with Prohibited Alcohol Concentration (PAC) in the Badger State. This charge means your BAC was over the allowable limit but not necessarily that your ability to drive was compromised. OWI and PAC have the same legal consequences. You can be charged with either or both offenses. 

Consequences of the First OWI/PAC Offense

First-time offenders will be fined between $150 and $300, plus a $435 OWI surcharge. Their driver’s license will be revoked for 6 to 9 months. If their BAC is 0.15 or higher, they will either have to install an ignition interlock device (IID) on their vehicle or participate in a 24/7 sobriety program for 1 year. 

Penalties for Second and Subsequent OWI Convictions

As OWIs stack up on someone’s record, they can result in more severe repercussions. The penalties intensify if the second violation occurs within 10 years of the first. 

A $435 OWI surcharge is added to all OWI convictions. All sentences are increased if a minor under the age of 16 is in the vehicle at the time of the violation.

• Second OWI Conviction: If more than 10 years have passed since the first conviction, the fine and license revocation are the same as the first. The fine goes up to $350-$1,100 if the second violation occurs within 10 years of the first. The driver’s license will be revoked for 12 to 18 months, and jail is possible. The jail term will be 5 days to 6 months. 
• Third OWI Conviction: The fine will run between $600 and $2,000. A jail sentence of 45 days to 1 year can be imposed. Revocation of the license is 2-3 years plus the time of confinement. The 24/7 sobriety program will be mandated for 1 to 3 years plus the length of incarceration. An interlock ignition device can also be required when driving is allowed. 
• Fourth OWI Conviction: Fines are getting steep at this point, ranging from $600 to $10,000. A fourth OWI is a Class H felony with prison time between 60 days and 6 years. A fourth offense means a lifetime license revocation. Once again, an IID or 24/7 sobriety program will be ordered. 
• Fifth and Sixth OWI Conviction: This is a Class G felony carrying the possibility of up to 10 years in prison. Fines range between $600 and $25,000. The license will be revoked for up to 3 years plus the time sentenced to prison. The IID and 24/7 sobriety program applied here, too. 

OWI penalties continue to escalate up to Class E felony on the tenth (or more) offense. Those convicted are subject to fines up to $50,000 and up to 15 years in prison. 

Consequences skyrocket if someone is injured by an OWI driver. If someone is killed, the drunk driver can be sentenced to 25 years in prison if they had no prior OWI convictions, up to 40 years if they have prior convictions.