DUI Laws in Wisconsin

0.08 for drivers with two or fewer prior OWI convictions, suspensions, or revocations; more than 0.02 for drivers with three or more priors (or under an ignition interlock order). Drivers under the legal drinking age (21) may not drive with any alcohol concentration above 0.0.

A first OWI is generally a civil offense with a forfeiture of $150 to $300 (higher penalties apply in some situations, such as a minor passenger). The court revokes the operating privilege for 6 to 9 months, and the person is eligible for an occupational license at any time.

In Wisconsin, a 4th OWI offense is a Class H felony, with a minimum fine of $600 and at least 60 days of imprisonment. A 5th or 6th offense is a Class G felony, a 7th through 9th is a Class F felony with at least 3 years of initial confinement, and a 10th or later is a Class E felony. Offenses are counted over the person's lifetime, including prior OWI convictions, related suspensions and revocations, and convictions for homicide or great bodily harm by intoxicated use of a vehicle. A 3rd or later OWI with a passenger under 16 in the vehicle is also a felony, with doubled penalties. Causing injury while OWI is a Class H felony if the person has a prior OWI-related conviction, suspension or revocation.

For a first improper refusal of a chemical test, the court revokes the operating privilege for one year; the person becomes eligible for an occupational license after the first 30 days. Longer revocations apply with prior suspensions, revocations, or convictions.

A second OWI is a criminal offense (fine $350-$1,100 and 5 days to 6 months in jail) when the prior conviction, suspension, or revocation falls within 10 years. Third and later offenses count prior convictions, suspensions, and revocations over the person's lifetime (third: $600-$2,000 and 45 days to 1 year).

According to Wisconsin DMV, OWI convictions with violation dates on or after January 1, 1989 stay on the Wisconsin driving record for life, which is currently defined as 55 years. Most other traffic convictions are kept for 5 years from the conviction date.

An occupational license is available under Wis. Stat. § 343.10: at any time after a first OWI conviction revocation, after 30 days of a first refusal revocation, and at any time for an under-21 absolute sobriety violation.