Wisconsin DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense
A first OWI in Wisconsin is classified as a civil forfeiture (first offense OWI is NOT a criminal offense in Wisconsin).
- Jail: none (civil first offense) minimum to none (civil) — becomes criminal if minor passenger or prior convictions maximum
- Fine: $150 to $300 (civil forfeiture; plus surcharges of $355–$435)
- License suspension: 6–9 months
- Substance abuse program: OWI assessment and treatment required by DOT for reinstatement
- Community service: not applicable for civil offense
- Probation: not available
Second offense
- Jail: 5 days minimum to 6 months maximum
- Fine: $350 to $1,100
- License suspension: 12–18 months
Third and subsequent offenses
- Jail/prison: 45 days minimum to 1 year (misdemeanor) or up to 6 years (felony if 4th offense) maximum
- Fine: $600 to $2,000
- License suspension: 2–3 years
- Felony threshold: fourth offense is a Class H felony; prior convictions count regardless of age
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First OWI | none (civil first offense)–none (civil) — becomes criminal if minor passenger or prior convictions | $150–$300 (civil forfeiture; plus surcharges of $355–$435) | 6–9 months | |
| Second OWI | 5 days–6 months | $350–$1,100 | 12–18 months | |
| Third OWI | 45 days–1 year (misdemeanor) or up to 6 years (felony if 4th offense) | $600–$2,000 | 2–3 years |
Lookback period
Wisconsin uses a lifetime (all prior OWI convictions count for escalating penalties) Lookback period to determine how prior offenses affect sentencing. Only OWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §346.65(2)(g)
- 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)
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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