Wisconsin · OWI · Checked October 2026

OWI Laws in Wisconsin

What Happens if You Get an OWI in Wisconsin?

Wisconsin calls it OWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 10 business days to challenge your license suspension
First offense jail: No jail (civil forfeiture); 5 days to 6 months if a minor passenger under 16 was in the vehicle
First offense fine: Forfeiture of $150 to $300; $350 to $1,100 fine if a minor passenger under 16 was in the vehicle
First offense license: Revocation of 6 to 9 months; occupational license available at any time
Felony: A fourth offense counted over the person's lifetime is a Class H felony (fine of at least $600 and at least 60 days); a 5th or 6th is a Class G felony (at least 1 year 6 months of confinement); 7th to 9th is Class F (at least 3 years); 10th or more is Class E (at least 4 years). A third offense with a minor passenger under 16 is also a felony

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Wisconsin OWI Laws: Key Facts

Legal limit (adults): 0.08 BACWis. Stat. § 340.01(46m); Wis. Stat. § 346.63(1), (2m), (5)(a); Wis. Stat. § 343.301(1g)(a)2.a.
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0 BAC (a person under the legal drinking age may not drive with an alcohol concentration of more than 0.0 but not more than 0.08 (absolute sobriety); 0.08 or more is charged as OWI/PAC)
Enhanced penalties from: 0.15 BAC
Lookback period: 10 years
Insurance filing: SR-22, 3 years from the date you are eligible to reinstate; not required after a revocation whose only reason is a first-offense OWI, but required to get an occupational license
Sobriety checkpoints: Not allowed

Wisconsin OWI Penalties by Offense

OWI penalties in Wisconsin for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	civil forfeiture (non-criminal), unless a minor passenger under 16 was in the vehicle	criminal misdemeanor	criminal misdemeanor (a felony if a minor passenger under 16 was in the vehicle)
Jail	no jail (civil forfeiture); 5 days to 6 months if a minor passenger under 16 was in the vehicle	5 days to 6 months (when the second offense is within 10 years)	45 days to 1 year in the county jail
Fine	forfeiture of $150 to $300; $350 to $1,100 fine if a minor passenger under 16 was in the vehicle	$350 to $1,100	$600 to $2,000 (doubled at 0.17 to 0.199, tripled at 0.20 to 0.249, quadrupled at 0.25 or above)
License suspension	revocation of 6 to 9 months; occupational license available at any time	revocation of 1 year to 18 months; occupational license after the first 45 days if the assessment is completed and the driver safety plan followed	revocation of 2 to 3 years; occupational license after the first 45 days if the assessment is completed and the driver safety plan followed
Ignition interlock	required if alcohol concentration was 0.15 or more, or if the person improperly refused a test	required (one or more prior convictions, suspensions or revocations)	required

First offense: Wis. Stat. § 346.65(2)(am)1., (2)(f)1.; Wis. Stat. § 343.30(1q)(b)2.; Wis. Stat. § 343.301(1g) · Second offense: Wis. Stat. § 346.65(2)(am)2., (2g)(d); Wis. Stat. § 343.30(1q)(b)3.; Wis. Stat. § 343.301(1g)(a)2.b. · Third offense: Wis. Stat. § 346.65(2)(am)3., (2)(f)2., (2)(g); Wis. Stat. § 343.30(1q)(b)4.

When Penalties Are Higher

minor passenger under 16 years of age in the vehicle: a first offense becomes criminal ($350 to $1,100 and 5 days to 6 months); for second and later offenses the minimum and maximum fines and imprisonment are doubled; a third or later offense becomes a felony; revocation periods are doubledWis. Stat. § 346.65(2)(f); Wis. Stat. § 343.30(1q)(b)4m.
alcohol concentration of 0.15 or more: court must order an ignition interlock deviceWis. Stat. § 343.301(1g)(a)2.a.
alcohol concentration of 0.17 to 0.199 (third to sixth offense): minimum and maximum fines doubledWis. Stat. § 346.65(2)(g)1.
alcohol concentration of 0.20 to 0.249 (third to sixth offense): minimum and maximum fines tripledWis. Stat. § 346.65(2)(g)2.
alcohol concentration of 0.25 or above (third to sixth offense): minimum and maximum fines quadrupledWis. Stat. § 346.65(2)(g)3.

More on Wisconsin OWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

revocation by court order: 1 year for a first improper refusal (occupational license after 30 days), 2 years with one prior counted within 10 years, 3 years with two or more priors; periods doubled with a minor passenger under 16; ignition interlock order; assessment and driver safety plan. You have 10 days from the Notice of Intent to Revoke to request a court hearing; without a request, revocation starts 30 days after the notice.Wis. Stat. § 343.305(9)(a), (10)(a)-(c), (10m); Wis. Stat. § 343.301(1g)(a)1.

Official source: if you refuse a breath or blood test in Wisconsin

Getting a Occupational License

Lets you drive at set hours for work, school and household needs. First OWI (alcohol): eligible immediately; second or later alcohol OWI: after 45 days; drug OWI: first immediately, second after 60 days, third or more after 90 days; first refusal: after 30 days. Requires an SR22 certificate, an IDP assessment and driver safety plan for OWI revocations, and an ignition interlock if the court ordered one. Not available if you have two or more revocation or suspension cases from separate incidents within one year.

Official source: getting a occupational license in Wisconsin

Ignition Interlock

First offense: only if alcohol concentration was 0.15 or more, or after an improper test refusal Repeat offenses: required for any offense with one or more prior convictions, suspensions or revocations Installed in every vehicle titled or registered to you unless the court exempts it (not required on motorcycles, mopeds or autocycles). Lasts at least 1 year after the DMV issues a license (occupational or regular), up to the maximum revocation period; the clock starts only once a license is issued. A person under an IID order may not drive with an alcohol concentration above 0.02. A 24-7 sobriety program may be ordered instead of or before the interlock.

Official source: ignition interlock in Wisconsin

Can an OWI Come Off Your Record?

the DMV keeps OWI convictions, suspensions and revocations on the driving record permanently; a court may order a criminal record expunged only for a person under 25 at the time of the offense, for an offense with a maximum of 6 years or less, and never for the DMV driving record Waiting period: expungement must be ordered at sentencing and takes effect on successful completion of the sentence Wis. Stat. § 343.23(2)(b): records counted under § 343.307(2) are maintained permanently. Wis. Stat. § 973.015(1m)(a)1.: expungement does not apply to information the Department of Transportation must keep under § 343.23(2)(a).

Official source: can an owi come off your record? in Wisconsin

DUI Checkpoints

Sobriety checkpoints are not allowed in Wisconsin. Legal basis: State statute: officers may not stop a vehicle solely to check compliance with the traffic and OWI laws (chs. 341 to 346) without reasonable cause to believe a violation occurred.Wis. Stat. § 349.02(2)(a)

Official source: dui checkpoints in Wisconsin

Drivers Under 21

a driver under 21 (the legal drinking age) may not drive with any alcohol concentration above 0.0; at 0.08 or more the OWI and PAC laws apply $200 forfeiture and a 3-month license suspension (6 months with a minor passenger under 16); occupational license available at any time; refusing a test is a separate violation with a 6-month revocation

Official source: drivers under 21 in Wisconsin

Driving After Using Drugs

yes: the same OWI statute covers driving under the influence of a controlled substance, analog or other drug, and driving with any detectable amount of a restricted controlled substance in the blood (a prescription defense applies to methamphetamine, GHB and delta-9-THC)

Official source: driving after using drugs in Wisconsin

More on OWI Law in Wisconsin

For the state's own guidance, see Wisconsin DMV: Impaired driving (OWI) in Wisconsin.

This page summarizes Wisconsin law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Wisconsin can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First OWI in Wisconsin?

Jail: no jail (civil forfeiture); 5 days to 6 months if a minor passenger under 16 was in the vehicle. Fine: forfeiture of $150 to $300; $350 to $1,100 fine if a minor passenger under 16 was in the vehicle. License suspension: revocation of 6 to 9 months; occupational license available at any time.

How Long Do You Have to Request a License Hearing in Wisconsin?

10 days. How it is counted: 10 business days after you receive the Notice of Intent to Suspend at the traffic stop, or 13 business days from the notice date if it was mailed to you; the written request must be postmarked by then. In writing to the Wisconsin DMV, using the Administrative Review Request form the officer gives you (it has the mailing address); the hearing can be in person, by phone or by record review. A test refusal is handled separately: request a court hearing in writing within 10 days of the Notice of Intent to Revoke, to the court named on the notice. If you miss it, the suspension usually takes effect automatically.

When Is an OWI a Felony in Wisconsin?

a fourth offense counted over the person's lifetime is a Class H felony (fine of at least $600 and at least 60 days); a 5th or 6th is a Class G felony (at least 1 year 6 months of confinement); 7th to 9th is Class F (at least 3 years); 10th or more is Class E (at least 4 years). A third offense with a minor passenger under 16 is also a felony.

Do You Need an SR-22 After an OWI in Wisconsin?

Yes. How long: 3 years from the date you are eligible to reinstate; not required after a revocation whose only reason is a first-offense OWI, but required to get an occupational license. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.

Are DUI Checkpoints Legal in Wisconsin?

No. Legal basis: State statute: officers may not stop a vehicle solely to check compliance with the traffic and OWI laws (chs. 341 to 346) without reasonable cause to believe a violation occurred.