Wisconsin · OWI · Checked October 2026
Wisconsin OWI Penalties: First, Second and Third Offense
Wisconsin OWI Penalties: What Are the Rules?
Wisconsin sets OWI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
Wisconsin OWI Penalties by 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 |
Other First Offense Penalties in Wisconsin
- alcohol and drug assessment and driver safety plan
- 6-month administrative suspension after a failed test (separate from the court revocation; periods run concurrently and are credited)
Other Second Offense Penalties in Wisconsin
- court must order at least 5 days of imprisonment or at least 30 days of community service
- alcohol and drug assessment and driver safety plan
Other Third Offense Penalties in Wisconsin
- prohibited alcohol concentration becomes more than 0.02 after 3 or more prior offenses
- alcohol and drug assessment and driver safety plan
When Penalties Are Higher in Wisconsin
- 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 doubled
- alcohol concentration of 0.15 or more: court must order an ignition interlock device
- alcohol concentration of 0.17 to 0.199 (third to sixth offense): minimum and maximum fines doubled
- alcohol concentration of 0.20 to 0.249 (third to sixth offense): minimum and maximum fines tripled
- alcohol concentration of 0.25 or above (third to sixth offense): minimum and maximum fines quadrupled
When an OWI Is 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.Wis. Stat. § 346.65(2)(am)4.-7., (2)(f)2.
How Far Back Prior Offenses Count in Wisconsin
10 years. a second offense is penalized as a second offense only if the prior conviction, suspension or revocation was within 10 years (measured from the dates of the violations); third and later offenses count prior convictions, suspensions and revocations over the person's lifetimeWis. Stat. § 346.65(2)(am)2.-3., (2c); Wis. Stat. § 343.307(1)
Official source: how far back prior offenses count (Wisconsin)
More on OWI Law in Wisconsin
See the full overview of OWI laws in Wisconsin and read about first-offense DUI penalties across the states.
This page summarizes Wisconsin law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second OWI in Wisconsin?
Jail: 5 days to 6 months (when the second offense is within 10 years). Fine: $350 to $1,100. License suspension: 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.
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.