License Revocation: 1 year | Occupational Permit: 30-day wait | IID: Mandatory
Wisconsin OWI Penalties
Wisconsin OWI penalties can be harsh. A fourth drunk driving offense could result in a lifetime driver’s license revocation.
Penalties for an OWI conviction can vary from county to county. You need lawyers who can explain your options clearly.
The OWI attorneys at Mishlove and Stuckert can explain Wisconsin's drunk and intoxicated driving laws and strategize a strong defense.
An Introduction to Wisconsin OWI Penalties
Each OWI offense involves a substantial number
of penalties, such as:
Fines
Fines start at $150 to $300, plus substantial court costs. For example, a $150.00 fine plus court costs will be $811.50 for a first offense and can increase to tens of thousands of dollars with multiple offenses. A seventh offense, for example, can carry a fine of up to $25,000. All offenders are responsible for paying for court-mandated measures such as an ignition interlock device (IID) and other court expenses.Installation of an IID Device
For a first offense case with a chemical test of .15 and above, and for all other cases, an ignition interlock device (IID) must be installed in your vehicle. This applies to every vehicle that you own and every vehicle that you drive. The court may allow a vehicle to be exempt from the IID, but then you may not drive it. An IID requires you to blow into the breath-test component before you can start the vehicle. If the device detects alcohol in your breath, the car won’t start. Driver's License Suspension
A driver's license can be suspended for up to nine months following a first offense. A second offense can result in an 18-month revocation. A third offense carries up to a three-year revocation. Fourth and subsequent offenses carry up to a three-year revocation or a lifetime revocation if committed within 15 years of the prior offense.Occupational License Limits
A first-time offender can immediately apply for an occupational/hardship license that permits restricted driving, usually to and from a job. Repeat offenders must wait 45 days before they can apply. For a fourth offense, the law provides for a possible, but not automatic, occupational permit after no sooner than 10 years.Jail Time
In Wisconsin, first-time offenders usually do not face jail time unless they had a passenger under the age of 16 in the vehicle or injured someone. A second offense will carry a minimum sentence of five days and a maximum of six months. A third offense carries a minimum sentence of 45 days and a maximum sentence of one year in jail. A fourth offense is a felony with the potential for up to six years in prison and a lifetime driver’s license revocation if committed within 15 years of the third offense. Seventh and subsequent offenses carry mandatory long prison sentences.A Criminal Record
If you are convicted of OWI/DUI in Wisconsin it will always be on your record. A first-offense OWI/DUI in Wisconsin is not a criminal offense, although it is in every other state and in Canada. If someone was injured or if there was a minor child under 16 in the vehicle, it will be a criminal offense. All second or subsequent offenses are criminal. A fourth offense is a felony. If your record is important to you, then you should request a free initial consultation with us to determine how we can fight your case. Understanding Notices of Intent
License Suspension
In Wisconsin, if you have a breath test or a blood test over the legal limit (.08% for first, second, and third offenses; and .02% for fourth and subsequent offenses), the police may issue a Notice of Intent to Suspend Operating Privileges. The notice serves as a temporary, 30-day license. Once you receive this notice, you must request an administrative hearing within 10 days. If you fail to request a hearing, you may lose your license before your OWI court date has arrived. So, if you had a breath test or a blood test come back over the legal limit, it is critically important to contact us right away!
License Revocation
If the police believe that you have failed to consent or refused to give a breath or a blood sample (and even asking for an attorney might constitute a refusal) they will issue a Notice of Intent to Revoke Operating Privileges. This document also has a 10-day time limit to demand a hearing or you will automatically lose your license. If you have a Notice of Intent to Revoke, then contact us immediately for legal help.
Beware of the 10-Day Time Limit
Buried in the fine print of a Notice of Intent to Suspend and a Notice of Intent to Revoke is a 10-day time limit to respond.
You will lose your license if you fail to respond before the deadline.
How We Can Fight License Revocation
DUI defense attorney Andrew Mishlove sits down to discuss important deadlines that those charged with impaired driving in Wisconsin should know about, namely the 10-day time limit to request an administrative hearing to keep your license. It's especially important to contact an attorney if you earn a living by driving. Our team at Mishlove and Stuckert can contact the Department of Transportation immediately and fight the suspension of your driving privileges.
Facing a Wisconsin OWI/DUI charge?
the consequences may be serious
Contact Mishlove and Stuckert, LLC for a free initial consultation
Andrew Mishlove and Lauren Stuckert are Wisconsin's only true NCDD-American Bar Association accredited DUI defense specialists.
Our lawyers have more than 50 years of experience in achieving dismissals and reducing charges for clients who have been charged with drunk driving, driving under the influence of drugs, and other OWI charges. We have experience helping clients who have been charged with their first offense, as well as those with a history of OWI convictions.
We have offices in Milwaukee, Oshkosh, Waukesha, and West Bend. Give our Wisconsin law firm a call or contact us online to discuss your case.
(414) 332-3499
“Why not go with the best?”
"Taking into consideration the embarrassing nature of being charged with a DUI and then not being able to focus on the importance of selecting an attorney to represent you... What an uncomfortable situation! I was referred to Atty Mishlove by a friend who is an attorney in another state. His words were 'why not go with the best?' 'you deserve the best representation possible.'" Cynthia
A Closer Look at OWI Penalties
| 1st Offense | 2nd Offense |
|---|---|
|
Fine: If this is the first time you’re facing OWI charges in Wisconsin, you will face a fine of $150 to $300, plus substantial court costs. For example, $150.00 plus court costs is actually $811.50. Jail time: Unless there was a minor passenger or someone was hurt, there is no jail time. License revocation: Your driver’s license will be revoked for six to nine months. IID: If you have a blood alcohol content of .15 or higher, you will have to have your vehicle equipped with an ignition interlock device, at your expense. Restricted license: You are immediately eligible for an occupational license. Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. You will likely be required to attend classes or go to treatment. |
Fine: For a second offense, the fine can be from $350.00 to $1,100, plus substantial court costs. Jail time: There is a minimum mandatory jail sentence of five days and a maximum jail sentence of six months. License revocation: There is a driver’s license revocation of 12-18 months. IID: Mandatory ignition interlock device. Restricted license: You can’t apply for an occupational license until 45 days after conviction. Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. You will likely be required to attend classes or go to treatment. |
| 3rd Offense | 4th Offense |
|---|---|
|
Fine: For a third offense, the fine is from $600.00 up to $2,000, but this can be doubled at a .17, tripled at a .20, and quadrupled at a .25 alcohol level. Jail time: You will serve a jail term of 45 days to a year. License revocation: Your license will be revoked for two to three years. IID: You must have an ignition interlock device installed. Restricted license: You can’t apply for an occupational license until 45 days after conviction. Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. You will likely be required to attend classes or go to treatment. |
In Wisconsin, a fourth offense OWI/DUI is a felony. Fine: The fine for a fourth offense OWI/DUI is from $600.00 up to $10,000.00 plus court costs, but this can be doubled at a .17, tripled at a .20, and quadrupled at a .25 alcohol level. Jail time: There is a minimum jail sentence of 60 days and a maximum prison time of six years, with a maximum period of initial confinement of three years. License revocation: Lifetime revocation if it is within 15 years of the third offense. Otherwise, your license will be revoked for two to three years. IID: You must have an IID installed in every vehicle you own, even if you are not allowed to drive. Restricted license: You can apply for a discretionary occupational license after 10 years. Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. You will likely be required to attend classes or go to treatment. |
| 5th & 6th Offense | 7th, 8th & 9th Offense |
|---|---|
|
Fine: The fine for a fifth or sixth offense OWI/DUI is from $600.00 up to $10,000.00 plus court costs, but this can be doubled at a .17, tripled at a .20, and quadrupled at a .25 alcohol level. Jail time: There is a minimum jail sentence of 60 days and a maximum prison time of six years, with a maximum period of initial confinement of three years. License revocation: Two years to a lifetime revocation. IID: You must have an IID installed in every vehicle you own, even if you are not allowed to drive. Restricted license: You can apply for a discretionary occupational license after 10 years. Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. You will likely be required to attend classes or go to treatment. |
Fine: The fine for a seventh, eighth, or ninth sixth offense OWI/DUI is up to $25,000.00 plus court costs. Jail time: There is a minimum jail sentence of three years and a maximum prison time of 12.5 years. License revocation: Two years to a lifetime revocation. IID: You must have an ignition interlock device installed in every vehicle you own, even if you are not allowed to drive. Restricted license: You can apply for a discretionary occupational license after 10 years. Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. You will likely be required to attend classes or go to treatment. |
| Tenth and Subsequent Offenses | |
|---|---|
|
Fine: The fine for a tenth or subsequent offense OWI/DUI is up to $50,000.00 plus court costs. Jail time: There is a minimum jail sentence of four and a maximum prison time of 15 years. License revocation: Two years to a lifetime revocation. IID: You must have an ignition interlock device installed in every vehicle you own, even if you are not allowed to drive. Restricted license: You can apply for a discretionary occupational license after 10 years. Alcohol assessment: You will need to have an alcohol assessment, which is a meeting with a social worker. You will likely be required to attend classes or go to treatment. |
View the full OWI penalty chart from Wisconsin's Department of Transportation.
The 7 Key Factors of Drunk Driving Defense
Lawyers from across the country call Mishlove and Stuckert for advice on their drunk driving cases. We are especially renowned for turning our clients' cases into compelling stories that help them avoid becoming another OUI conviction statistic. Watch to learn more about how we can mount you a vigorous, multi-layered defense.
Contact Mishlove and Stuckert, LLC for Help with Your Case
If you have been charged with an OWI/DUI case in Wisconsin, contact us for a free initial consultation. Our goal is to win the case so you can move forward with your life. Contact us online or call us in Wisconsin at:
(414) 332-3499
"Professional every step of the way." Clients Share Their Stories About Our Wisconsin Law Firm
Anthony Dell'Aquila
Milwaukee, WI
2023
Lauren was reassuring and professional every step of the way. It was clear that she placed a high priority on getting my case resolved. When my case was finally called to trial, I can’t express how impressed I was. Without going into details, she knew when to ask what questions and when to raise what issues. She was a shark when she needed to be while always remaining composed. If you’re searching for an attorney for an OWI case, stop looking. Lauren will fight for you every step of the way and you will get the best possible outcome. I know I certainly did.
View on GoogleRies Hansen
Milwaukee, WI
2023
I owe a great debt of thanks to Andrew Mishlove. He successfully defended me in an OWI case that endured for more than 6 ½ years in the Wisconsin judicial system, including a detour through the Wisconsin State Supreme Court system, and ultimately led to a showdown in an Ozaukee County criminal court resulting in a not-guilty verdict returned by a 12-member jury in February 2023. I think my experience qualifies me to personally attest to Andrew Mishlove’s reputation as a brilliant trial attorney and one of the best OWI defense lawyers in the entire country.
View on GoogleOWI Lawyers with Unmatched Credentials No One Is Like Andrew Mishlove and Lauren Stuckert
If you've been charged with drunk driving in the state of Wisconsin, you should work with the board-certified attorneys at Mishlove and Stuckert. Our law firm has nationally recognized credentials when it comes to the application of science and forensics in the courtroom, and Mr. Mishlove literally wrote the book on OWI/DUI defense in Wisconsin.
Circumstances that Can Increase
OWI Penalties in Wisconsin:
Causing an Injury while Intoxicated
On January 1, 2017, the definition of “injury” was expanded so that almost anyone in an accident with a drunken driver may claim an injury, even if they were not technically hurt.
If you cause a minor injury and you submit to chemical testing, you face fines of up to $2,000.00 plus costs, and you could spend up to a year in jail – even if you have no prior offenses. Your license will be revoked for up to two years and, if you have a BAC of .15 or higher, you will have an IID installed in your car.
If you have any prior offenses or you refuse the chemical test, you face up to $10,000.00 in fines and up to six years in prison with the other penalties.
Those accidents that cause great bodily harm to the victim come with fines of up to $25,000.00. This includes any injury that creates a strong risk of death or causes some permanent damage like disfigurement, extensive loss or impairment of some part of the body or organ, or any other serious injury.
These DUI accidents are considered a Class F felony, for which you can serve up to 12.5 years in prison. Your license can be revoked for two or more years. If you have a BAC of .15 or more or this is a repeat offense, an IID will be installed in your vehicle for up to two years.
Homicide by Intoxicated Use of a Motor Vehicle
OWI/DUI homicides are the most serious kind of OWI/DUI that a person can face. Not only has an innocent victim died, perhaps even someone you knew, but you will also face up to $100,000.00 in fines and up to 25 years in prison. For a second or subsequent OWI/DUI homicide, the possible prison term increases to 40 years. Your license will be revoked for five years and you can’t apply for a hardship license until 120 days have passed. Repeat OWI offenders can’t apply for 12 months.
When Does a Client Face Prison?
Prison sentences only result from felony convictions, but not all felony convictions result in prison sentences. After a fifth OWI offense, there are presumptive periods of imprisonment that increase in duration as the number of consecutive offenses increases. After imprisonment, the convicted individual may be subject to mandatory treatment, supervision, and employment requirements, similar to probation.
We Can Help You Fight Your Charges Contact Our Defense Lawyers About Your OWI Offense
A drunk driving charge can have lasting effects on your criminal and driving record. If you were arrested with a high BAC or injured someone while intoxicated, you could be facing a longer sentence and even felony charges.
Andrew Mishlove and Lauren Stuckert will use their training and credentials to help fight your OWI/DUI arrest.
Speak with defense attorneys who know how to make Wisconsin state law work for their clients. Contact our law firm today to set up a free case evaluation.
(414) 332-3499
"Highly recommend his service."
"Because of the knowledge and expertise of Mr. Mishlove, my felony 5th D.U.I. was reduced to a misdemeanor 4th. In addition, he argued for the minimum sentence for a 4th offense and we won. I had a few factors working to my benefit in the case, but without Mr. Mishlove the outcome would not have been possible. I would highly recommend his service for a D.U.I./ O.W.I. case." Steven
Penalties for Refusing Chemical Tests There Are Consequences for Refusing DUI Testing
If you refuse to submit to a chemical test after being pulled over on suspicion of OWI, you can receive an additional citation for refusal. You will receive a notice of intent to revoke, and you will have 10 days to request a refusal hearing. If you miss this deadline, there is no chance for your refusal to be dismissed. It's best to contact an OWI defense lawyer as soon as you receive notice. Consequences for refusing DUI testing include:
First Offense
Second Offense
License Revocation: Two years | Occupational Permit: 90-day wait, unless two convictions are within five years, then it is a one-year wait | IID: Mandatory
Third Offense
License Revocation: Three years | Occupational Permit: 120-day wait, unless two convictions are within five years, then it is a one-year wait | IID: Mandatory
How an Attorney Can Help Build Your Drunk Driving Case
An OWI can have far-reaching effects that devastate your finances, your career, and much more. Our attorneys can identify flaws in the case against you to minimize your penalties, or, in some cases, have the charges dropped altogether.
Did the officer have reasonable suspicion and probable cause?
It is possible that your rights were violated when you were stopped, arrested, or charged with OWI. We will investigate whether or not the arresting officer had reasonable suspicion and probable cause to pull you over and charge you with OWI.Were OWI/DUI tests administered properly?
We will evaluate how any field sobriety tests, breath tests, or blood tests were performed. If the officer made a mistake or the laboratory analyst failed to follow proper procedures, the results of these tests can be impeached and possibly even excluded as evidence in your OWI case.Were lab protocols followed?
Lab technicians are required to follow certain procedures when taking and storing urine or blood in OWI cases. Failure to follow these protocols can result in faulty records or inaccurate results."Look no further."
"Andrew Mishlove recently defended my son at his OWI trial. It was Mr. Mishlove's thorough preparation of all materials and ability to present facts in a clear manner that permitted the jury to unanimously vote Not Guilty. Look no further. Well worth the cost! Highly recommend!" Karen
Preparing for a Sentence
We will do everything within our power to get your charges reduced or dropped, but in some cases, a guilty plea is the most favorable outcome. Our lawyers will spend significant time with you to prepare you for your OWI conviction and sentence, including getting all your required documents for you to potentially secure work release or electronic monitoring rather than serving time in jail.
