Wisconsin prohibits a motorist from driving or operating a vehicle:
A driver is considered "under the influence" of a substance if it "renders him or her incapable of safely driving."
For an OWI conviction, the judge will decide the jail time, license revocation period, and fines but must stay within statutory limits. These limits depend mainly on the number of prior OWI offenses the driver has within the past ten years (all lifetime offenses are considered for third or subsequent offenses).
1st Offense |
2nd Offense |
3rd Offense |
|
Jail |
None |
5 days to 6 months |
45 days to 1 year |
Fines |
$150 to $300 |
$350 to $1,100 |
$600 to $2,000 |
Treatment. Every OWI conviction requires a drug and alcohol assessment. Using the results, a driver safety plan is created that will indicate the treatment, DUI education, and sobriety testing requirements for the offender.
Passengers under 16 years of age. Any person who commits an OWI while transporting a passenger under 16 years of age will face double the normal fine, jail sentence, and license revocation period.
Excessive BAC. A driver with a BAC of .17 to .199% will face doubled fines. The fine is tripled for a driver with a BAC of .20% to .249% and quadrupled for a driver with a BAC of .25% or greater.
For a DUI conviction, the court will order the driver's license be revoked for the following periods:
Hardship license. Any driver whose license is revoked for an OWI conviction can apply for a hardship license. A hardship license may be used only for travel related to work, school, or treatment purposes.
Ignition interlock. An ignition interlock device (IID) will be required for at least one year after the driver obtains either a hardship license or a reinstated driver's license.
Wisconsin's "implied consent" laws require all drivers lawfully arrested for operating while intoxicated to submit to a breath test. If the driver is found to have refused a lawfully-requested test, the court will revoke the driver's license for one to three years. The driver may be eligible for a hardship license but must similarly install an IID.