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Wisconsin OWI 1st Offense

Offense Period of Revocation Time Before Eligible for an Occupational Possible Jail Time
First Offense 6-9 months None, unless refused No jail
Minor Passenger Under 16 (1st) 12-18 months 45 days 5 days minimum
180 days maximum
Second Offense 12-18 months 45 days 5 days minimum
180 days maximum
Third and Subsequent 2-3 years 45 days 45 days minimum
12 months maximum
Fourth Offense 2-3 years 45 days 6 months minimum
3 years (prison) maximum
Fifth and Sixth Offenses 2-3 years 45 days 6 months minimum
3 years (prison) maximum

An ignition interlock device is required on a first offense if the blood alcohol content is above a .15, and is required on every subsequent offense.

Things you need to know about an ignition interlock device:

  • • No person with an ignition interlock device order may drive any vehicle that does not have an ignition interlock device installed. Doing so is a crime.
  • • Ignition interlocks are temporarily installed on every vehicle titled in the defendants name and cannot be removed by the defendant.
  • • The defendant must blow to start the car. The device may go off and require the defendant to blow again while the vehicle is moving as often as every five minutes. Some devices require blowing and humming.
  • • Ignition interlocks are required to be brought in to the installer on a monthly basis and a monthly maintenance fee must be paid. There are installation and removal fees.

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