Wisconsin 1st OWI Laws

First Offense Drunk Driving

There are no do-over's.

An OWI is forever reported on your driver's license! A first OWI in Wisconsin is not a crime, however it has teeth and a refusal can compound the problems. A 1st drunken driving charge will result in fines and surcharges, and may result in you being required to install a costly ignition interlock device in all of your vehicles.

Wisconsin Legal Drinking Age

Under Wisconsin law, a person must be at least 21 years of age to buy alcohol or consume it in a public place.

legal limits - blood alcohol content

21 Years and No Prior Convictions

Under Wisconsin law, a person who is at least 21 years of age, and has absolutely no prior drunk driving convictions or refusals, is prohibited from driving any motorized vehicle while under the influence of any type of intoxicant (such as beer, wine), controlled substance (such as marijuana) or prescription drugs with a Blood Alcohol Concentration (BAC) level of 0.08 or greater. (Note: refusals count as a prior conviction).

Underage Drinking and Driving (20 years of age or younger)

The legal drinking age in Wisconsin is 21 years of age. Under Wisconsin laws, a person who is under 21 years of age is prohibited from drinking alcohol and driving. Wisconsin's laws regarding minors driving under the influence are called Wisconsin Zero Tolerance laws.

Zero Tolerance Laws for minors drinking and driving

Under Wisconsin's Zero Tolerance Law, any person under the age of 21 years is prohibited from operating a motor vehicle on public property while having any trace of alcohol, illegal drug, or prescription drug in their bloodstream.

Wisconsin 1st Offense Penalties

First Drunk Driving Offense (1st OWI)

Under Wisconsin law, a first drunk driving conviction is not a crime, rather it is a civil infraction. Even so, a first OWI may result in fines ranging from $150.00 to $300.00 plus a $435.-- surcharge with a suspension or revocation of the person's driver's license ranging between six months and nine months. An ignition interlock device may also be required if your BAC was .15% or higher. Additional fees will apply. An occupational license is usually immediately available unless the driver possesses a CDL - Commercial Driver's License.

Injury or Vehicular Homicide

Drunk Driving charges can be much more severe if the person is in an accident and causes an injury, causes great bodily harm, or commits vehicular homicide. Fines can reach up to $100,000 and a possible jail term of up to 25 years.

Test Refusal

If you refuse to submit to a test to determine if you are legally drunk, you have 10 days in which to act to save your driving privileges. A refusal test hearing will be held. The penalties are steep as a test refusal is automatically considered a drunk driving conviction.

Please refer to Attorney Mike Rudolph's video and teachings on frequently asked questions about OWI stops.

Wisconsin Criminal Defense Lawyer

Attorney Mike Rudolph defends people accused of ordinance violations, a non-criminal first offense drunk driving (OWI), misdemeanor OWI, drunk driving test refusal, 2nd, 3rd, 4th, 5th OWI charges, Battery, Disorderly Conduct, Domestic Abuse, Drug Possession, Drug Trafficking, Keeping A Drug House, Manufacturing Drugs, Distributing Drugs, Delivery Drugs, Prescription Drug Abuse, Injunctions, Criminal Injunctions, Burglary, Embezzlement, Felon in Possession of Firearms, Forgery, Fraud, Vehicular Homicide OWI, Robbery, Theft Crimes, and serious Traffic Offenses.

Criminal Investigations

Rudolph Law Office's criminal defense helps people who anticipate being charged and those who have already been charged in Wisconsin, particularly in the Appleton, Wisconsin area, and the surrounding counties of Outagamie, Winnebago, Brown, and Waupaca.

Call Rudolph Law Today!

For legal advise you can trust, please call Attorney Mike Rudolph directly at 920-730-8533.