Wisconsin DUI Defense Guide — Charges & Options
DUI basics, court steps, and what happens next
A DUI arrest triggers two separate proceedings that run at the same time. The criminal case decides guilt, penalties, and your record. The administrative case decides whether your license is suspended — often on a much shorter deadline. Missing a step in one track can limit your options in the other, which is why understanding both paths from the start matters.
The two tracks: criminal and administrative
Track 1: Criminal prosecution
The criminal case is a court proceeding where the state must prove OWI beyond a reasonable doubt. Wisconsin's per se BAC limit is 0.08, but you can also be charged based on impairment regardless of BAC. A first offense is classified as a civil forfeiture (first offense OWI is NOT a criminal offense in Wisconsin).
Track 2: Administrative license action
The administrative action is handled separately from the criminal case §343.305(7); §343.305(8). It can result in license suspension even if the criminal case is eventually dismissed. You have 10 days after notice to request the department's review of the administrative suspension (13 days, excluding Saturdays, Sundays and holidays, if the notice was mailed) to request a hearing to contest the suspension.
What triggers enhanced penalties
- BAC ≥ 0.17 (fines doubled; tripled at 0.20–0.249, quadrupled at 0.25 or above); BAC ≥ 0.15 (mandatory IID, longer revocation)
- Minor passenger under 16 (first offense becomes criminal misdemeanor)
- Prior OWI convictions (lifetime lookback)
- OWI causing injury or death (separate felony charges)
Implied consent and chemical testing §343.305
Wisconsin has an Implied consent law: by driving on Wisconsin roads, you have implicitly consented to chemical testing when lawfully arrested for OWI. Refusing the test carries its own consequences: 1-year license revocation (refusal is a separate civil infraction with additional penalties). In Wisconsin, refusal to submit to chemical testing is admissible as evidence at trial §343.305.
BAC thresholds that matter
| Category | BAC Limit | Consequence | |
|---|---|---|---|
| Standard per se | 0.08 | OWI charge without other evidence of impairment | |
| Enhanced penalty | 0.15 §346.65(2)(g) | Higher minimum penalties and longer license suspension | |
| Under 21 | 0.00 | Zero tolerance violation | |
| Commercial (CDL) | 0.04 §49 C.F.R. § 383.51 | CDL disqualification |
Why timing matters most
OWI cases are unusually time-sensitive. The administrative hearing deadline begins running from the date of arrest or notice — not from the first court date. Evidence (dashcam footage, witness recollections, calibration records) can deteriorate. Early attorney involvement can preserve options that disappear with delay.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Refusal consequence: 1-year license revocation (refusal is a separate civil infraction with additional penalties)
- Refusal admissible at trial: yes
- Hearing deadline: 10 days after notice to request the department's review of the administrative suspension (13 days, excluding Saturdays, Sundays and holidays, if the notice was mailed)
- First offense suspension: 6 months (administrative suspension after a failed chemical test)