Wisconsin Criminal Drunk Driving Laws

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 on his or her record, 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).

with prior convictions

For drivers with three previous drunk driving convictions, the limit is lower; a person with three prior OWI convictions is prohibited from driving a motor vehicle with a blood alcohol concentration (BAC) level of .02 or greater.

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. (See also: Wisconsin Zero Tolerance).

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 OWI Laws

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.

Second Drunk Driving Offenses (2nd OWI)

Under Wisconsin law, a second or third drunk driving conviction is a misdemeanor. As the number of drunk driving convictions increases, the penalties increase accordingly. A second drunk driving conviction includes fines of $350.00 - $1,000.00, plus surcharges and court costs, jail time of five days to six months, and an ignition interlock device for 12 months to 18 months. Additional costs will be incurred, such as for an alcohol and drug assessment.

Third Drunk Driving Offenses (3rd OWI)

Under Wisconsin law, a third drunk driving conviction may result in fines of at least $600.00 and up to $2,000.00, plus surcharges and court costs. Sentences may include jail time of at least 45 days up to one year. The person's driver's license will be revoked for two to three years. An ignition interlock device will be required for one to three years. Other costs and forfeitures may also apply.

Fourth Drunk Driving - OWI 4th

Under Wisconsin law, a fourth or subsequent drunk driving conviction is a felony drunk driving criminal offense, with fines of at least $600.00 ranging upwards of $10,000.00, plus surcharges and costs, jail time of at least 60 days up to six years, license revocation may be for a lifetime if the conviction is within 15 yeas of the previous offense, an ignition interlock device, alcohol and drug assessment, and other costs and forfeitures.

Fifth drunk driving - OWI 5th

A fifth drunk driving conviction is a Class G Felony, with a minimum of 18 months and a maximum of 10 years imprisonment, fines upwards of $25,000.00, license revocation for two to three years up to a lifetime, an ignition interlock device, alcohol and drug assessment, and other costs and forfeitures. Additionally, the Courts may also order a lifetime ban on owning a firearm (may be ordered with a fourth drunk driving conviction).

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 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.

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 & subsequent 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.