Wisconsin · OWI

Wisconsin OWI laws and penalties

Wisconsin's legal BAC limit is 0.08%. For a first offense, Wisconsin's statute provides no jail term, a fine of $150 to $300, and a license suspension of 6 to 9 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.

In Wisconsin the offense is called OWI (operating while intoxicated). It is the offense most states call DUI.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.00%; Any trace may result in OWI
Lookback period: 10 years; Prior OWI offenses that count

License hearing: ask within 10 days

Within 10 days after the notification (13 days, not counting Saturdays, Sundays and holidays, if it was mailed), ask the Department of Transportation in writing to review the suspension. The deadline for a hearing after a test refusal is also 10 days. Count the days with the license-hearing window calculator.

Ignition interlock required in some cases

Higher BAC level. At 0.15 or more (or after a refusal, or with a prior) the court must order an interlock; the first-offense forfeiture and revocation do not change.

Ignition interlock. Required after a refusal, at 0.15 or more, or with a prior conviction, suspension or revocation; otherwise (a first offender under 0.15 who took the test) it is not.

A first offense is a civil forfeiture of $150 to $300 with 6 to 9 months' revocation and no jail; a second offense (a prior within 10 years) is a crime with a fine of $350 to $1,100, 5 days to 6 months in jail and 12 to 18 months' revocation. An interlock is required at 0.15 or more, after a refusal, or with a prior. The statute's words are as Wisconsin court opinions and the courts' sentencing guidelines quote them.

01Penalties

Wisconsin OWI penalties

Statutory ranges for standard OWI convictions (no accident, no minor in vehicle).

Wisconsin statutory OWI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	5 days
Jail (maximum)	None	6 months
Fine (minimum)	$150	$350
Fine (maximum)	$300	$1,100
License suspension	6 to 9 months	12 to 18 months

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Wisconsin compares

Of the 49 states with a confirmed BAC limit, 48 (Wisconsin among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Wisconsin requires one in some cases.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Wisconsin gives 10.

Wisconsin and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Illinois	0.08%	90 days	In some cases	Less than 1 year	$75 to $2,500	Revocation; may not apply for a new license until 1 year after the revocation takes effect
Iowa	0.08%	10 days	In some cases	48 hours to 1 year	$1,250	180 days to 1 year revocation
Michigan	0.08%	14 days	At the judge's discretion	Up to 93 days	$100 to $500	180 days
Minnesota	0.08%	60 days	In some cases	Up to 90 days	Up to $1,000	30 days minimum on conviction; 90 days minimum if revoked after a failed test
Wisconsin (this page)	0.08%	10 days	In some cases	None	$150 to $300	6 to 9 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How an OWI case moves through the system in Wisconsin

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of OWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 10 days after the notification (13 days, not counting Saturdays, Sundays and holidays, if it was mailed), ask the Department of Transportation in writing to review the suspension. The deadline for a hearing after a test refusal is also 10 days.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Wisconsin's statute provides no jail term, a fine of $150 to $300, and a license suspension of 6 to 9 months. See the penalties table above.

04Sources

Where Wisconsin's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Wis. Stat. § 346.63(1)(a), (b) (wicourts.gov)Main statute
Wis. Stat. § 340.01(46m)(a); § 346.63(1)(b) (wicourts.gov)BAC limit, age 21 and over · Second offense: license
Wis. Stat. § 343.301(1g)(a)2.a. (wicourts.gov)Higher BAC level · Ignition interlock, first offense
Wis. Stat. § 346.63(2m) (wicourts.gov)BAC limit under 21
Wis. Stat. § 346.65(2)(am)2.; § 343.307(1) (wicourts.gov)Lookback period · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
Wis. Stat. § 343.305(8)(b)1. (failed test); § 343.305(9)(a)4. (refusal) (wicourts.gov)License hearing request
Wis. Stat. § 346.65(2)(am)1. (wicourts.gov)First offense: jail, minimum · First offense: jail, maximum
Wis. Stat. § 343.30(1q)(b)2. (wicourts.gov)First offense: license

Show the exact words behind each figure

Main statute

Wis. Stat. § 346.63(1)

Wis. Stat. § 346.63(1)(a), (b)

Wisconsin Stat. § 346.63(1) states "No person may drive or operate a motor vehicle while . . . [u]nder the influence of an intoxicant," § 346.63(1)(a), or with a "prohibited alcohol concentration," § 346.63(1)(b).

BAC limit, age 21 and over

0.08%

Wis. Stat. § 340.01(46m)(a); § 346.63(1)(b)

WISCONSIN STAT. § 340.01(46m)(a) sets forth a default prohibited alcohol concentration of 0.08 for most Wisconsin drivers.

Higher BAC level

0.15%

Wis. Stat. § 343.301(1g)(a)2.a.

An IID order is also required if an individual violates certain statutes related to the operation of a vehicle while intoxicated and either (1) "had an alcohol concentration of 0.15 or more at the time of the offense"

BAC limit under 21

0.00%

Wis. Stat. § 346.63(2m)

Section 346.63(2m), the "absolute sobriety" law, provides that "[i]f a person has not attained [21 years of age] the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08."

Lookback period

10 years

Wis. Stat. § 346.65(2)(am)2.; § 343.307(1)

plus the total number of suspensions, revocations, and other convictions counted under s. 343.307(1) within a 10-year period, equals 2

License hearing request

10 days

Wis. Stat. § 343.305(8)(b)1. (failed test); § 343.305(9)(a)4. (refusal)

Within 10 days after the notification under par. (a), or, if the notification is by mail, within 13 days, excluding Saturdays, Sundays and holidays, after the date of the mailing, the person may request, in writing, that the department review the administrative suspension.

Ignition interlock, first offense

Required in some cases

Wis. Stat. § 343.301(1g)(a)1., 2.a.-b.

"[a] court shall enter an order" restricting an individual's driving privileges to vehicles equipped with an IID if the individual "improperly refused to take a test under [WIS. STAT. §] 343.305." ... An IID order is also required if an individual violates certain statutes ... and either (1) "had an alcohol concentration of 0.15 or more at the time of the offense"

First offense: jail, minimum

None

Wis. Stat. § 346.65(2)(am)1.

PENALTY RANGES PER STATUTE 1st Offense 1st Offense 2nd Offense 3rd Offense ... Jail\Initial Confinement none 5 days to 6 mos. 5 days to 6 mos. 45 days to 1 yr

First offense: jail, maximum

None

Wis. Stat. § 346.65(2)(am)1.

Same passage as above.

First offense: fine, minimum

$150

Wis. Stat. § 346.65(2)(am)1.

(2)(am) Any person violating s. 346.63(1): 1. Shall forfeit not less than $150 nor more than $300, except as provided in subds. 2. to 5. and par. (f).

First offense: fine, maximum

$300

Wis. Stat. § 346.65(2)(am)1.

Same passage as above.

First offense: license

6 to 9 months

Wis. Stat. § 343.30(1q)(b)2.

FIRST OFFENSE SENTENCING GUIDELINES - STANDARD ... PENALTY RANGE FORFEITURE: $150 minimum to $300 maximum REVOCATION/DISQUALIFICATION: 6-9 months (No waiting period for occupational license).

Second offense: jail, minimum

5 days

Wis. Stat. § 346.65(2)(am)2.

2. Except as provided in pars. (bm) and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months

Second offense: jail, maximum

6 months

Wis. Stat. § 346.65(2)(am)2.

Same passage as above.

Second offense: fine, minimum

$350

Wis. Stat. § 346.65(2)(am)2.

Same passage as above.

Second offense: fine, maximum

$1,100

Wis. Stat. § 346.65(2)(am)2.

Same passage as above.

Second offense: license

12 to 18 months

Wis. Stat. § 343.30(1q)(b)3.

for their second OWI-related offense, "the court shall revoke the person's operating privilege for not less than one year nor more than 18 months." WIS. STAT. § 343.30(1q)(b)3.

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Wisconsin OWI laws at a glance