Important Details

How to WIN a drunk
driving case.
•
Penalties for a drunk
driving conviction.
•
What should a good
lawyer cost?

Offense

Jail
Penalty

Money
Penalty

License
Loss
Penalty

Other
Penalty

Eligibility for Occupational
ONE YEAR MINIMUM IF THERE IS A PRIOR ALCOHOL RELATED OFFENSE WITHIN FIVE YEARS, EFFECTIVE 10/1/2001

First Offense
OWI 
(forfeiture)

none

approx. $650 - $900,  D, J

 6 to 9 
months, J

assessment
and dr. safety plan, E ; victim impact panel, H

immediate, F

Second Offense
OWI
within ten years
(misdemeanor)

5 days to 6 months, G, J

approx. $900 to $2000, D, J

12 to 18 months, J

assessment
and dr. safety plan, E; victim impact panel, H

after 30
days, F

Third Offense
OWI
(misdemeanor)

30 days to l year, G, J

approx. $1,200 to $ 3,400, C, D, J, M

24 to 36 months, J

assessment, dr. safety plan, E; victim impact panel, H; ignition interlock; immobilization; forfeiture of vehicle, K

after 90
days, F

Fourth Offense
OWI
(misdemeanor)

60 days to 1 year, G, J, N

approx. $1,200 to $ 3,400, C, D, J, M 

24 to 36 months, J

assessment, dr. safety plan, E; victim impact panel, H;  ignition interlock; immobilization; forfeiture of vehicle, K

after 90
days,
B, F

Fifth Offense
OWI 
(felony)

felony - 6 months to 
 5 years, G, J, N

approx. $ 2,000 to $4,000.00 C, D, J, M 

 24 to 36 months, J

assessment, dr. safety plan, E; victim impact panel, H; ignition interlock; immobilization; forfeiture of vehicle, K

after 90
days,
B, F

First Refusal
(civil)

none

none

one year, J

assessment
and dr. safety plan, E

after 30
days, F

Second Refusal
(civil)

none

none

two years, J

assessment
and dr. safety plan, E

after 60
days, F

Third Refusal
(civil)

none

none

three years, J

assessment
and dr. safety plan, E, K

after 90
days, F

Causing Injury
by OWI
(misdemeanor)

one year, A, G, J

approx. $650 - $3000, J

1 to 2 years, J

assessment
and dr. safety plan, E; victim impact panel, H; restitution

after 60
 days, F

Causing Great Bodily Harm
by OWI
(felony)

felony -
up to 5 years

up to $10,000 

2 years

assessment
and dr. safety plan, E; victim impact panel, H; restitution

after 120 days, F

Homicide by OWI
(felony)

felony -
up to 60 years, L 

none

5 years

assessment
and dr. safety plan, E; victim impact panel, H; restitution

after 120 days, F

 

A.  The penalty for causing injury (not great bodily harm) by OWI does not require a jail sentence.  However, the statute does require that if a jail penalty is imposed, the sentence may not be less than thirty days in jail.  Back to Top

B. Under Wisconsin law, conviction of four "major" violations committed within a five year period results in revocation of operating privileges for five years as an "habitual traffic offender."  OWI and refusal offenses are "major" violations.  A refusal and OWI conviction from the same incident are counted only once for "HTO" purposes. Back to Top

C. Effective with offenses committed on or after January 1, 2001, fine amounts in third and subsequent offense cases can double, triple, or quadruple, depending on the level of alcohol concentration revealed by testing.  The multiplier does not apply to jail or other penalties, and a court may consider the financial resources of the individual in determining the fine amount.  Back to Top

D. There are many hidden taxes on OWI cases, called costs, surcharges, assessments, and so on.  The taxes will usually exceed the base amount of the fine.  Monetary penalties are estimates based on fine or forfeiture amount, together with applicable court costs, surcharge, jail surcharge, penalty assessment, and other statutory costs.  Such costs can exceed the actual base amount of the fine or forfeiture.  Back to Top

E.  ALCOHOL ASSESSMENT and compliance with a DRIVER SAFETY PLAN is mandatory under Wisconsin law for anyone convicted of OWI or refusal.  The person will be ordered to submit to an assessment for alcohol abuse at a designated agency.  That agency will recommend a "driver safety plan."  The driver must then do the plan.  Failure to comply with either the assessment requirement or the plan results in indefinite revocation of all licenses, including any occupational license.  Fees for the assessment vary by county, generally from $ 150.00 to @ 200.00

The "driver safety plan" can be anything from an educational program (commonly, "Group Dynamics" for 8 to 12 two-hour sessions at the county's technical college) to in-patient alcohol treatment at the individual's expense.  The cost of the "driver safety plan" depends on the nature and duration of "plan" and whether, if treatment is required, the individual has applicable health insurance (some plans exclude court-ordered treatment).  Back to Top

F.  ELIGIBILITY FOR AN OCCUPATIONAL LICENSE is, in addition to any waiting period listed, contingent upon the driver meeting ALL of the following criteria:  the driver has not been revoked or suspended within the 365 days immediately preceding the new revocation, has met the requirements of the Wisconsin Financial Responsibility law (generally, these require minimum limits liability insurance) and furnished proof of same to the Wisconsin Department of Transportation (through the filing of an SR-22 form issued by an insurance company), and submits the necessary application and fee.  The application must specify the hours and purposes for which the person wishes to drive: no more than 60 hours total per week, no more than 12 hours total per day, with the specific times of driving listed by day.  driving under an occupational license is limited to driving for employment and homemaking purposes, and for attendance at a mandated "driver safety plan."   An occupational license may require installation of an ignition interlock device and always requires "absolute sobriety" during vehicle operation.  

In addition to the normal waiting periods, if you have any two owi convictions within the five years of each other, the waiting period will be no less than one full year. Back to Top

G.  WORK RELEASE, HOME DETENTION, and SPECIAL PROGRAMS:  All jail sentences normally permit work release (so-called "Huber" privileges).  Eligibility for work release depends on the rules of the jail of that county, and can be restricted to work in the county of incarceration.  A few Wisconsin counties also permit either home detention  or electronic monitoring, if approved by the jail or (in some counties) the sentencing judge.  Most judges frown upon electronic monitoring, except in exceptional circumstances, such as a medical disability.  Some counties have programs that permit treatment programs administered by the court or county to reduce jail time or substitute electronic monitoring for incarceration which would otherwise be mandatory.  Though work release will normally be allowed if a felony case results in a sentence to the county jail, "Huber" privileges are not available when a felony conviction results in a sentence to the Wisconsin State Prisons.  Back to Top

H.  VICTIM IMPACT PANELS consist of attendance at an alcoholism treatment facility or emergency room, which may be designed to assure that the defendant observes victims of drunk drivers.  It is authorized by statute, Wis. Stat. sec. 346.63(2j).  Not all counties have implemented this authority.  Back to Top

J.  If a child under age 16 is in the vehicle at the time of the offense, all monetary, jail, and license loss penalties are doubled, including any applicable minimum penalty.  A third or fourth offense OWI will, in such circumstances, be a felony.  (A fifth or subsequent offense OWI is already a felony.)  Back to Top

K.  FORFEITURE OF VEHICLE:  Wisconsin allows, but does not require, a prosecutor to seek forfeiture of a vehicle after conviction of a third or subsequent offense OWI.  The driver must be convicted first: the vehicle cannot be seized until after conviction and, even then, a separate lawsuit must be filed.  However, the vehicle's title cannot be transferred while charges are pending.  To be forfeited, the State must prove both that the vehicle was used to commit the OWI offense and that it is owned by the person convicted of that offense.  If the vehicle is forfeited, any money which the Sheriff gets from selling it must be first used to pay any outstanding loan secured by the vehicle.  Back to Top

L.  The penalty divides to a maximum of 40 years incarceration followed by 20 years extended supervision.  Back to Top

M. For offenses committed on or after January 1, 2001, the fine amount may be doubled if alcohol concentration is 0.17 to 0.199, tripled if alcohol concentration is 0.20 to 0.249, and quadrupled if the alcohol concentration is 0.25 or above.  Back to Top

N.  Probation may be imposed for fourth and subsequent offense OWI convictions, but may not be imposed for lesser OWI convictions.  If probation is imposed, however, the sentence to probation must require at least the minimum mandatory jail sentence to also be served as a condition of probation.  Back to Top