Wisconsin DUI/DWI Laws: Penalties, Court Process, and Records

In Wisconsin, it is illegal to operate a vehicle while intoxicated from alcohol or drugs. The laws provide for strong penalties, which get progressively greater for repeated or aggravated situations. Wisconsin Statute §346.63 recognizes OWI as the legal term, while DUI or DWI seems to remain commonly used in ordinary parlance. It is very helpful to have a proper understanding of these laws to save yourself from some of these severe and prolonged consequences.

What Is an OWI (DUI/DWI) in Wisconsin?

Under Wisconsin law, operating a motor vehicle while impaired by alcohol, drugs, or both is categorized as Operating While Impaired (OWI).

The legal thresholds for this offense in Wisconsin are:

• 0.08% BAC for drivers 21 and older.
• 0.04% BAC for commercial drivers.
• 0.02% BAC for drivers under 21.

Penalties for OWI in Wisconsin

Wisconsin uses a lifetime look-back period, meaning all prior OWI convictions are considered when sentencing.

• First OWI Offense (Civil violation, not a crime unless injury is involved):
  • Fines ranging from $150 to a maximum of $300
  • License revocation for 6 to 9 months
  • Complete an alcohol and drug assessment from a program approved by Wisconsin.
  • You may be required to install an ignition interlock device (IID) if your blood alcohol content (BAC) is over 0.15. An IID prevents your vehicle from starting if alcohol is detected on your breath.
• Second OWI Offense (Misdemeanor):
  • Jail time of 5 days to 6 months.
  • Fines range from $350 to $1,100.
  • License revocation ranging from 12 to 18 months.
  • You must keep the ignition interlock device (IID) installed for at least one year.
• Third OWI Offense (Misdemeanor):
  • Jail from 45 days to 1 year
  • Fine from $600 to $2,000
  • License revocation for two to three years
  • IID for 1 to 3 years
• Fourth OWI Offense (Felony if within 15 years of prior, otherwise misdemeanor):
  • Class H felony if prior within 15 years
  • Punishments, up to 6 years in prison
  • Fines, as much as $10,000
  • Your driver’s license will be revoked for 2 to 3 years, plus the time spent in jail.
• Fifth or Subsequent OWI (Felony):
  • Fifth or subsequent OWI is a Class G felony.
  • Prison time, up to 10 years.
  • Fine, up to $25,000
  • If your blood alcohol level is very high or there are other serious factors, you may face extra penalties.

DUI/OWI Arrest and Court Process in Wisconsin

Wisconsin OWI cases involve both DMV actions and criminal prosecution:

1. Traffic Stop and Arrest: Police officers will do sobriety and breath alcohol testing, and if the suspect refuses this, the suspect will lose their driving privileges automatically because of the implied consent law.
2. Booking and Charges: The accused person is booked and charged formally.
3. Administrative License Suspension (ALS): When the blood alcohol content (BAC) reaches 0.08 or higher, there is an automatic suspension of the driver’s license. The offender has a period of 10 days to request a hearing to contest the action.
4. Arraignment: The defendant is informed of the charges against him or her, and the defendant enters a plea.
5. Pre-Trial Hearings: The case will go to trial if there is no deal made, and it will be the prosecution’s burden to prove guilt. You may plead to lesser charges.
6. Trial: The case goes to trial if a plea bargain is not settled.
7. Sentencing: Upon conviction or upon pleading guilty, the judge determines the punishment. The punishment could consist of fines, suspension of the driver’s license, program, or compulsory attendance at an alcohol program, ignition interlock devices, or possibly jail.

How to Search for DUI/OWI Records in Wisconsin

OWI records are public in Wisconsin and may be accessed through:

• Wisconsin Circuit Court Access (WCCA, “CCAP”): Thisis an online system to search OWI case records by name or case number.
• Wisconsin Department of Transportation (WisDOT): The agency maintains driver records like OWI convictions, suspensions, and IID rules for drivers to request their own records.
• County Clerk of Court Offices: These offices provide certified case records and sentencing documents upon request.
• Wisconsin Department of Justice (DOJ) – Criminal History Search: The department offers statewide criminal history checks.

How Long Does an OWI Stay on Your Record in Wisconsin?

Wisconsin retains OWI convictions for long durations:

• Criminal Record: An OWI conviction stays on your criminal record forever in Wisconsin, and the state does not allow these convictions to be cleared, although some juvenile cases might be sealed.
• Driving Record: In Wisconsin, an OWI conviction stays on your driving record forever, and every previous offense counts when deciding your punishment.
• Insurance and Employment: An OWI conviction usually makes your insurance rates go up for 3 to 7 years and stays visible to employers and licensing agencies forever.

Wisconsin has harsh penalties for OWI offenses. Punishments for OWI offenses may include fines or loss of the privilege to drive, or possibly imprisonment for a long time, depending upon the nature of the offense or if this is a repeat offense. Although OWI is the lawful name by which these offenses are known in this state, many people still refer to OWI as DUI or DWI.

The records of these offenses are public records, available from both the courts and the Wisconsin Department of Transportation. While some of these offenses may be dismissed or sealed, the convictions for OWI offenses remain permanent.