Wisconsin Implied consent – administrative / civil penalty for refusal
- Wisconsin First refusal — driver’s license revoked for one year.
- Wisconsin Refusal with one prior conviction within 10 years — driver’s license revoked for two years.
- Wisconsin Refusal with two or more prior convictions within 10 years — driver’s license revoked for three years. W.S.A. § 343.305(9), (10).
Wisconsin Implied consent – criminal penalty for refusal
Wisconsin DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- Wisconsin First conviction — driver’s license revoked for six to nine months.
- Wisconsin Second conviction within 10 years — driver’s license revoked for 12-18 months.
- Wisconsin Third or subsequent conviction— driver’s license revoked for two to three years.
- In all second or subsequent offenses and all cases of a test refusal, all vehicles owned by the offender must be equipped with an IID for not less than one year or more than the maximum period of license revocation. W.S.A. § 343.301.
Wisconsin DUI Conviction – criminal penalties (jail sentence, fines, community service)
- Wisconsin First conviction — fine of $150-300.
- Wisconsin Second conviction within 10 years — jail sentence of five days to six months; fine of $350-$1,100.
- Wisconsin Third conviction — jail sentence of 45 days to one year; fine of $600-$2,000.
- Wisconsin Fourth conviction with none in prior five years — jail sentence of 60 days to one year; fine of $600-$2,000. Fourth conviction with one or more in past five years — Class H felony; jail sentence of six months to six years; fine of $600- $10,000. W.S.A. § 346.65.
- Wisconsin Criminal offense to cause injury to another person while driving in violation of drugged driving laws. W.S.A. § 346.63(2).
Child endangerment
- Wisconsin Criminal penalties are enhanced if a violation is committed with a passenger under age 16 in vehicle. W.S.A. § 346.65.
Standard OWI Penalties
- For first conviction: Non-criminal offense with 6-9 month driver’s license revocation; mandatory one year ignition interlock device requirement if BAC ≥ .15, Alcohol and Other Drug Assessment (AODA); Forfeiture of $150 to $300 + $365 OWI surcharge
- For first conviction with minor under age of 16 in the vehicle: Misdemeanor criminal offense with jail sentence of 5 days to 6 months; 12-18 month license revocation (extended by length of time in jail); mandatory one year ignition interlock device requirement if BAC ≥ .15; AODA; Fine of $350 to $1,100 + $365 OWI surcharge
- For second conviction having a violation date within 10 years of previous violation: Misdemeanor criminal offense with jail sentence of 5 days to 6 months; 12-18 month license revocation (extended by length of time in jail); 12-18 month ignition interlock requirement (extended by the length of time in jail); AODA; Fine of $350 to $1,100 + $365 OWI surcharge
- For second conviction outside 10 year range: If the violation for the second offense occurred more than 10 years since first offense violation date, the same penalties for a first offense civil OWI apply; however, there is a one year mandatory ignition interlock requirement regardless of BAC level; AODA
- For third conviction: Misdemeanor offense with jail sentence of 45 days to 1 year; 24-36 month license revocation (extended by length of time in jail); 24-36 month ignition interlock requirement(extended by the length of time in jail); AODA; Fine of $600-$2000, with penalty enhancers up to 4x min/max amounts depending on BAC level + $365 OWI surcharge; AODA
- For fourth conviction with violation date more than five years since previous violation: Misdemeanor offense with jail sentence of 60 days to 1 year; 24-36 month license revocation (extended by length of time in jail); 24-36 month ignition interlock requirement (extended by the length of time in jail); AODA; Fine of $600-$2000, with penalty enhancers up to 4x min/max amounts depending on BAC level + $365 OWI surcharge
- For fourth conviction having a violation date within five years of previous violation: Felony offense with a minimum 6 month jail sentence to a maximum 6 year prison sentence; 24-36 month driver’s license revocation (extended by the length of time imprisoned); 24-36 month ignition interlock requirement (extended by the length of time imprisoned); Fine of $600-$10,000, with penalty enhancers up to 4x min/max amounts depending on BAC level + $365 OWI surcharge; AODA
- For fifth or sixth conviction: Felony offense with a minimum 6 month jail sentence to a maximum 6 year prison sentence (bifurcated into 3 years initial confinement/3 years extended supervision); 24-36 month driver’s license revocation (extended by the length of time imprisoned); 24-36 month ignition interlock requirement (extended by the length of time imprisoned); Fine of $600-$10,000, with penalty enhancers up to 4x min/max amounts depending on BAC level + $365 OWI surcharge; AODA
- For seventh, eighth or ninth conviction: Felony offense with a minimum 3 year, maximum 10 year prison sentence; 24-36 month driver’s license revocation (extended by the length of time imprisoned); 24-36 month ignition interlock requirement (extended by the length of time imprisoned);. Fine of up to $25,000 + $365 OWI surcharge; AODA
