Wisconsin OWI Laws: Penalties, BAC & License (2026)

In Wisconsin the offense is called operating while intoxicated (OWI), and Wisconsin Statute 346.63 makes it unlawful to drive with a prohibited alcohol concentration of 0.08 percent or more. Wisconsin is unusual: a first OWI is a civil, non-criminal violation with no jail, punished by a forfeiture of $150 to $300 and a six- to nine-month license revocation, according to the Wisconsin Department of Transportation.

This guide is part of our DUI Laws by State series.

What counts as an OWI in Wisconsin

Wisconsin charges the offense as operating while intoxicated under Statute 346.63. The law prohibits operating a vehicle while under the influence of an intoxicant to a degree that renders the driver incapable of safe driving, and separately under the per se rule with a prohibited alcohol concentration of 0.08 percent or more. Because the impairment theory does not require a specific number, a driver under 0.08 can still be charged if impaired. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under Wisconsin's absolute sobriety law, which bars driving with any alcohol concentration above 0.0. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration explains. Wisconsin is the only state where a first OWI is not a crime.

First-offense OWI penalties in Wisconsin (civil violation)

A first OWI in Wisconsin is a civil, non-criminal violation, which sets the state apart from every other state where a first DUI is a crime. According to the Wisconsin Department of Transportation, a first offense carries no jail time. The penalties are a forfeiture of $150 to $300 plus a substantial OWI surcharge and court costs, a driver license revocation of six to nine months, and a mandatory alcohol and other drug assessment (AODA). A first offender may apply for an occupational license to keep driving for work, school, and essential needs during the revocation. Because a first OWI is civil, it does not produce a criminal record, but it does appear on the driving record and counts as a prior if the driver is arrested again.

Watch out: A first OWI is civil, but it is not minor. It still costs hundreds in forfeitures plus a large surcharge, takes your license for six to nine months, and counts as a prior, so a second arrest within 10 years becomes a criminal misdemeanor.

Ignition interlock requirements in Wisconsin

Wisconsin requires an ignition interlock device in more first-offense cases than its civil label suggests. According to the Wisconsin DOT, if a first-offense BAC was 0.15 percent or more, or the driver refused the chemical test, an interlock is required for one year after the driver obtains an occupational license or reinstates the regular license. For most second and later offenses, the interlock requirement is automatic regardless of BAC. The device requires a breath sample before the engine starts and at random intervals while driving, and it records every reading. A driver who would otherwise qualify may instead enter a 24/7 sobriety program in some counties. The interlock period runs from issuance of the occupational license or reinstatement, not from the date of arrest.

License revocation and the administrative process in Wisconsin

Wisconsin handles the OWI charge and the license action together for a first offense because the matter is civil, but a separate administrative suspension can apply at arrest. When a driver fails or refuses the chemical test, the officer can serve a notice of intent to suspend, and the Wisconsin DOT can impose an administrative suspension that runs alongside the court case. On conviction of a first OWI, the operating privilege is revoked for six to nine months. The driver may apply for an occupational license, subject to waiting periods and limits on hours and purposes of driving. Reinstatement requires completing the alcohol assessment and any recommended program, installing an interlock if required, paying reinstatement fees, and filing proof of insurance (an SR-22) where required.

Repeat offenses and the Wisconsin look-back period

Wisconsin escalates penalties sharply for repeat OWIs, and the counting rules are complex. A second OWI is a crime if the prior offense occurred within 10 years; under Statute 346.65, it is a misdemeanor carrying 5 days to 6 months in jail and a $350 to $1,100 fine plus surcharges, with license revocation set separately under Wisconsin's vehicle code. A third OWI is always a misdemeanor, and for a third or later offense Wisconsin counts all prior OWI convictions for life, not just those within 10 years. A fourth OWI is a felony, and a fifth or sixth OWI is a Class G felony carrying significant prison time and fines up to $25,000. Homicide by intoxicated use of a vehicle is always a felony. Injury by intoxicated use of a vehicle is a felony only if the driver has a prior OWI-related conviction, suspension, or revocation, or if there was a minor passenger under 16 in the vehicle; a first-offense injury OWI with neither is a misdemeanor under Statute 346.65(3m), punishable by up to one year in county jail. The felony line for repeat drinking-and-driving alone is therefore the fourth offense.

Watch out: Refusing the chemical test is its own violation in Wisconsin. A refusal triggers a one-year revocation and a mandatory interlock, separate from and often longer than the penalties for simply failing the test on a first offense.

Refusing a breath or blood test in Wisconsin

Wisconsin's implied consent law, in Statute 343.305, provides that by driving in the state you have agreed to a chemical test of breath, blood, or urine if lawfully arrested for OWI. Refusing the test is a separate civil violation with its own penalties. According to the Wisconsin DOT, a first refusal results in a one-year revocation and a mandatory one-year ignition interlock requirement. Refusal penalties escalate with prior offenses. Because the refusal revocation is a full year, longer than the six- to nine-month revocation for a first OWI, refusing usually makes the license consequences worse, and the refusal itself can be used as evidence in the OWI case. A driver may demand a refusal hearing within the short statutory window to contest it.

Can you expunge or seal an OWI in Wisconsin

Wisconsin does not allow expungement of OWI offenses. Whether the offense is the civil first violation, a misdemeanor, or a felony, OWI convictions are excluded from the state's expungement statute. A first OWI is civil, so it does not create a criminal record in the first place, but it still appears on the driving record and counts as a prior. Even where an expungement was somehow granted, the Wisconsin Supreme Court held in 2018 that an expunged prior OWI still counts when grading penalties for a later OWI. The practical result is that OWI history follows a driver: a first offense within 10 years makes a second a crime, and Wisconsin counts all priors for life once a driver reaches a third offense.

What to do after an OWI arrest in Wisconsin

A Wisconsin OWI involves a court case and a license action through the DMV. The deadlines are short, especially the window to demand a refusal hearing if you refused the test, so a common first step is to read the paperwork the officer served and note every date. The court case proceeds on its own schedule, and even a first, civil offense carries real costs, a license revocation, and a mandatory alcohol assessment. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed Wisconsin OWI attorney to understand the charge, the assessment, the interlock and occupational license rules, and the deadlines for both the court case and the license case. Keep the citation, the notice of suspension, and any test results in a safe place.