Wisconsin OWI Laws 2026: Complete Guide to Operating While Intoxicated

Wisconsin uses the term OWI (Operating While Intoxicated) instead of DUI or DWI. Wisconsin is unique as the only state where a first-offense OWI is a civil forfeiture rather than a criminal offense. However, penalties are still severe, including license revocation, fines, ignition interlock requirements, and a permanent record. This comprehensive guide covers Wisconsin OWI laws, penalties, license consequences, and defense options.

What Is OWI in Wisconsin?

Under Wisconsin Statute § 346.63(1), it is illegal to operate a motor vehicle while:

• Under the influence of an intoxicant, controlled substance, or other drug to a degree that renders the person incapable of safely driving
• Having a prohibited alcohol concentration (PAC) of 0.08% or more blood alcohol content (BAC)
• Having a detectable amount of a restricted controlled substance in the blood

Key Terms

BAC Limits in Wisconsin

• Adults (21+): 0.08% BAC
• Minors (under 21): 0.02% BAC (Wis. Stat. § 346.63(2m)) - Absolute Sobriety Law
• Commercial drivers: 0.04% BAC when operating commercial vehicle

First-Offense OWI: Wisconsin's Unique Approach

Wisconsin is the only state in the U.S. where a first-offense OWI is not a criminal charge.

Civil Forfeiture vs. Criminal Offense

First Offense OWI:

• Classified as civil forfeiture (similar to a traffic ticket)
• Not a criminal conviction
• No jail time for standard first offense
• No right to court-appointed attorney (since it's civil)
• Case heard in municipal or county court (not criminal court)

However, the penalties are still severe:

• Fine: $150-$300 plus surcharges (total typically $800-$1,200)
• License revocation: 6-9 months
• Ignition interlock device (IID) required
• Alcohol assessment and treatment
• Permanent record (cannot be expunged)
• Insurance rate increases
• Counts as prior offense for future OWI charges (lifetime)

Important: Even though it's civil, a first OWI stays on your record forever and counts as a prior for penalty enhancement if you're charged again.

When First OWI Becomes Criminal

A first OWI becomes a criminal offense if there are aggravating factors:

• Minor passenger under age 16 in vehicle (criminal charge, additional penalties)
• BAC of 0.15% or higher (enhances penalties, still civil but IID required longer)
• OWI causing injury (criminal misdemeanor or felony)
• Refusal to submit to chemical test (civil, but longer revocation)

Wisconsin OWI Penalties by Offense

First Offense OWI (Civil Forfeiture)

Standard First Offense (BAC 0.08%-0.14%):

• Fine: $150-$300 plus surcharges (total $800-$1,200)
• License revocation: 6 months
• Ignition interlock: 12 months (required for license reinstatement)
• Alcohol assessment: Mandatory
• Treatment: As ordered by assessment
• Jail: None (unless aggravating factors)

First Offense with BAC 0.15% or Higher:

• Fine: $150-$300 plus surcharges
• License revocation: 6-9 months
• Ignition interlock: 12-18 months
• All other penalties same as standard first offense

First Offense with Minor Under 16 in Vehicle (Criminal):

• Fine: Up to $500
• Jail: Up to 6 months
• License revocation: 12-18 months
• Ignition interlock: 12-18 months
• Criminal misdemeanor conviction

Second Offense OWI (Criminal Misdemeanor)

Wis. Stat. § 346.65(2)(am)2:

• Fine: $350-$1,100 plus surcharges (total $1,500-$2,500)
• Jail: 5 days to 6 months (5-day minimum mandatory)
• License revocation: 12-18 months
• Ignition interlock: 12-18 months
• Alcohol assessment and treatment: Mandatory
• Criminal record: Class H misdemeanor

Third Offense OWI (Criminal Misdemeanor)

Wis. Stat. § 346.65(2)(am)3:

• Fine: $600-$2,000 plus surcharges
• Jail: 45 days to 1 year (45-day minimum mandatory, but at least 14 days must be served in jail - rest can be home detention)
• License revocation: 2-3 years
• Ignition interlock: 2-3 years
• Alcohol assessment and treatment: Mandatory
• Criminal record: Class G misdemeanor

Fourth, Fifth, Sixth Offense OWI (Criminal Felony)

Wis. Stat. § 346.65(2)(f) and (g):

Fourth Offense OWI (Felony):

• Fine: Up to $10,000
• Prison: 6 months to 6 years
• License revocation: 2-3 years
• Ignition interlock: 2-3 years
• Criminal record: Class H felony

Fifth or Sixth Offense OWI (Felony):

• Fine: Up to $10,000
• Prison: 18 months to 10 years
• License revocation: 2-3 years
• Ignition interlock: 2-3 years
• Criminal record: Class G felony

Seventh, Eighth, or Ninth Offense OWI (Felony):

• Fine: Up to $25,000
• Prison: 3 years to 12.5 years
• License revocation: 2-3 years
• Ignition interlock: 2-3 years
• Criminal record: Class F felony

Tenth or More Offense OWI (Felony):

• Fine: Up to $25,000
• Prison: 4 years to 15 years
• License revocation: 2-3 years
• Ignition interlock: 2-3 years
• Criminal record: Class E felony

License Revocation and Suspension

Administrative License Revocation

Wisconsin has administrative license revocation - your license is revoked immediately upon arrest if you:

• Test at 0.08% BAC or higher (0.02% if under 21, 0.04% if CDL), OR
• Refuse to submit to chemical testing

This is separate from any criminal or civil court proceedings.

Revocation Periods

Occupational License

You may be eligible for an occupational license (restricted license) allowing driving for:

• Work or business
• School or education
• Medical appointments for you or family
• Alcohol/drug treatment
• Court-ordered requirements

Eligibility timing:

• First offense: Immediately eligible after arrest
• Second offense: After 45 days of revocation
• Third offense: After 45 days of revocation
• Fourth+ offense: After 45 days of revocation

Requirements:

• File petition with court showing need
• Install ignition interlock device (IID) on all vehicles operated
• SR-22 insurance (high-risk insurance certificate)
• Pay occupational license fee

Administrative Hearing

You have 10 days from arrest to request an administrative hearing to contest license revocation.

At the hearing, you can challenge:

• Whether officer had reasonable suspicion to stop
• Whether officer had probable cause to arrest
• Whether you were properly informed of implied consent law
• Whether test was properly administered
• Accuracy of test results

Important: This hearing is separate from your criminal case. Winning the administrative hearing does not dismiss OWI charges, and losing does not mean you will be convicted.

Ignition Interlock Device (IID)

Wisconsin law requires installation of an ignition interlock device (IID) for most OWI convictions.

What Is an IID?

A breathalyzer device connected to your vehicle's ignition. You must blow into it to start the vehicle, and periodically while driving (rolling retests).

When IID Is Required

• First offense: IID required for 12 months (18 months if BAC 0.15%+)
• Second offense: IID required for 12-18 months
• Third+ offense: IID required for 2-3 years
• Occupational license: IID required on all vehicles you operate

IID Costs

• Installation: $100-$150
• Monthly rental/calibration: $75-$100
• Removal: $50-$100
• Total for 12 months: Approximately $1,000-$1,500

Financial assistance may be available for low-income individuals.

IID Rules

• Must be installed by state-approved provider
• Required on ALL vehicles you own or regularly operate
• Cannot operate any vehicle without IID
• Monthly calibration required (device records all attempts and driving)
• Violations (failed tests, tampering, circumvention) reported to DMV and extend IID period

Implied Consent and Chemical Testing

Wisconsin has an implied consent law (Wis. Stat. § 343.305).

What Implied Consent Means

By operating a vehicle in Wisconsin, you automatically consent to:

• Preliminary breath screening (roadside breathalyzer) if lawfully arrested
• Chemical testing (breath, blood, or urine) if arrested for OWI

Can You Refuse?

You can refuse, but consequences are severe:

• Immediate license revocation: 1 year (first refusal), 2 years (second), 3 years (third+)
• Refusal can be used as evidence against you in OWI trial
• Refusing doesn't prevent OWI charges - you can still be charged and convicted based on other evidence (officer observations, field sobriety tests, erratic driving)
• Enhanced penalties: Refusal results in longer license revocation than if you had tested and failed

Forced Blood Draw

If you refuse, police can obtain a search warrant and take blood by force if:

• OWI causing injury or death
• Multiple prior OWI convictions
• Minor passenger in vehicle

Types of Tests

• Preliminary breath screening (PBT): Roadside test used to establish probable cause (results not admissible at trial)
• Evidentiary breath test: More accurate breath test at police station (results admissible)
• Blood test: Most accurate; can detect drugs as well as alcohol
• Urine test: Rarely used (least accurate)

OWI Arrest Process

Step 1: Traffic Stop

Officer must have reasonable suspicion to stop your vehicle:

• Traffic violation (speeding, swerving, failure to signal)
• Equipment violation (broken taillight)
• Erratic driving behavior

Step 2: Investigation

If officer suspects intoxication, they will:

• Ask questions (where you're going, have you been drinking, etc.)
• Observe signs of intoxication (slurred speech, bloodshot eyes, odor of alcohol)
• Request field sobriety tests (you can refuse these - they are voluntary)
• Administer preliminary breath test (PBT) - roadside breathalyzer

Step 3: Arrest

If officer has probable cause, you will be arrested and transported to police station or jail.

Step 4: Chemical Testing

You will be asked to submit to breath or blood test. Officer must read implied consent warnings explaining consequences of refusal.

Step 5: Release or Booking

• First offense: Typically released within hours after processing
• Second+ offense: May be held until bond hearing (usually within 24-48 hours)

Step 6: Citations and Notices

You will receive:

• OWI citation
• Notice of Intent to Revoke license (administrative revocation)
• Information about requesting administrative hearing (10-day deadline)
• Court date (for second+ offenses)

Common OWI Defenses

Even if you failed a breath or blood test, there may be valid defenses:

1. Illegal Stop

• Officer lacked reasonable suspicion to stop vehicle
• Stop was pretextual (officer made up reason to stop)
• If stop was illegal, all evidence suppressed

2. Lack of Probable Cause to Arrest

• Officer lacked sufficient evidence to arrest
• Field sobriety tests improperly administered or unreliable

3. Improper Chemical Testing

• Breath test machine not properly calibrated
• Officer not properly trained to administer test
• Testing procedures not followed (20-minute observation period violated)
• Blood sample chain of custody broken
• Medical conditions affecting test results (GERD, diabetes)

4. Rising BAC Defense

• Your BAC was below legal limit while driving, but rose above limit by time of test (due to alcohol absorption timing)

5. Not Operating the Vehicle

• You were not actually "operating" the vehicle
• Another person was driving
• Vehicle was parked with engine off

6. Implied Consent Violations

• Officer failed to properly read implied consent warnings
• Refusal was not clear and unequivocal
• You were not given opportunity to speak with attorney before deciding

7. Medical Conditions

• Medical conditions mimicking intoxication (neurological conditions, injuries)
• Prescription medications causing false positive

OWI Costs and Consequences

Direct Costs (First Offense)

Indirect Costs

• Insurance increases: Expect 40-100% increase in auto insurance premiums for 3-5 years (can add $3,000-$10,000+ over time)
• Lost wages: Time off work for court, treatment, jail (if applicable)
• Employment consequences: Some jobs (especially those requiring driving) may terminate employment
• Professional licenses: Some professions (commercial drivers, nurses, teachers) face license consequences
• Travel restrictions: Canada and some countries may deny entry with OWI conviction

Frequently Asked Questions

What is OWI in Wisconsin?

OWI stands for Operating While Intoxicated. Wisconsin uses OWI instead of DUI or DWI. It means operating a motor vehicle while under the influence of alcohol, controlled substances, or other drugs to a degree that renders the person incapable of safely driving. The legal BAC limit is 0.08% for adults.

Is a first OWI in Wisconsin a criminal offense?

No. Wisconsin is the only state where a first-offense OWI is a civil forfeiture (like a traffic ticket), not a criminal offense. However, a second or subsequent OWI is a criminal misdemeanor or felony. Despite being civil, first OWI penalties are severe and the conviction is permanent.

How long does an OWI stay on your record in Wisconsin?

An OWI conviction remains on your Wisconsin driving record permanently and cannot be expunged. OWI offenses count as prior offenses for penalty enhancement purposes for your entire lifetime (lifetime lookback period).

Can you refuse a breathalyzer in Wisconsin?

You can refuse, but Wisconsin has implied consent law. Refusal results in immediate license revocation (1 year for first refusal, 2-3 years for subsequent refusals) and can be used as evidence against you in court. Refusing does not prevent OWI charges. For serious cases, police may obtain a warrant and take blood by force.

Do you need a lawyer for a first-time OWI in Wisconsin?

Although a first OWI is civil (not criminal), consulting an attorney is highly recommended. A conviction means permanent record, license revocation, fines, alcohol assessment, ignition interlock device, and insurance consequences. An attorney can potentially get charges reduced or dismissed by challenging the stop, probable cause, or test accuracy.

What is the lookback period for OWI in Wisconsin?

Wisconsin has a lifetime lookback period. All prior OWI convictions count toward penalty enhancement regardless of how long ago they occurred. This is stricter than most states which have 5- or 10-year lookback periods.

Can you get an OWI expunged in Wisconsin?

No. Wisconsin does not allow expungement of OWI convictions. They remain on your record permanently, even first-offense civil forfeitures. This differs from some other non-violent offenses which may be expunged under certain circumstances.