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One of the most common questions that we receive from persons alleged to have violated the drunk driving laws, is “what are the penalties that I’m looking at?” Whether you will have to serve a jail sentence, lose your license, pay a fine, forfeit your vehicle, install an interlock device on the vehicle (car breath test) or go to prison, depends on the number of prior offenses and the nature and facts of the current offense. The basic penalty scheme in Wisconsin for an OWI related offense is as follows:
First Offense:
Revocation: 6-9 month (immediately eligible for occupational license) Forfeiture $150-$300 (does not include costs) Assessment: Yes
Second Offense:
Jail: 5 days – 6 months Fine: $350-$1,100 (does not include costs) Revocation: 12-18 months (60 day wait for Occupational license) Assessment: Yes Interlock: Maybe
Third Offense:
Jail: 30 days – 1 year Fine: $600-$8,000 (does not include costs) Revocation: 24-36 months (90 day wait for occupational license) Assessment: Yes Interlock: Yes Seizure: Maybe Immobilization: Maybe
Fourth Offense (.02 or higher)
Jail: 60 days to 1 year Probation: yes (but must serve at least 60 days in jail) Fine: $600 - $8000 Revocation: 24-36 month (90 day wait for occupational license Assessment: Yes Interlock: Yes Seizure: Maybe Immobilization: Maybe
Fifth/Sixth Offense (Class H felony):
Jail: 6 months jail to 6 years prison (max. 3 years initial confinement) Probation: yes Fine: $600-$40,000 Revocation: 24-36 months Assessment: Yes Interlock: Yes Seizure: Maybe Immobilization: Maybe
Seventh, Eighth or Ninth Offense (Class G felony)
Jail: Up to10 years prison (max. 5 years initial confinement) Fine: Up to $25,000 Probation: Yes Revocation: 24-36 months Assessment: Yes Interlock: Yes Seizure: Maybe Immobilization: Maybe
Tenth or subsequent (Class F felony)
Jail: Up to 12 ½ years prison (max. 7 years initial confinement) Probation: Yes Fine: Up to $25,000 Revocation: 24-36 month Assessment: Yes Interlock: Yes Seizure: Maybe Immobilization: Maybe
Refusal to Submit to Chemical Test:
1st Offense:
Jail: No Revocation: 1 year (30 day wait for Occupational) Fine: No Assessment: Yes Interlock: No Seizure: No Immobilization: No
2nd Offense:
Jail: No Revocation: 2 year (90 day wait or 1 year wait if 2 OWI w/in 5 years for occupational) Fine: No Assessment: Yes Interlock: Maybe Seizure: No Immobilization: No
3rd and Subsequent Offense:
Jail: No Revocation: 3 year (120 day wait or 1 year wait if 2 OWI w/in 5 years for occupational) Fine: No Assessment: Yes Interlock: Yes Seizure: Maybe Immobilization: Maybe
Each county has individual sentencing guidelines. Click to see the guidelines in your county. |