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DUI (OWI) Penalties in Wisconsin

First Offense – OWI / DUI is a forfeiture violation subject to a fine of $150 to $300, plus an OWI surcharge of $355, and license revocation from 6 to 9 months, except first offense OWI with a BAC of .08 or more, but less than .10, there is no surcharge or other additional fees.

Second Offense – OWI / DUI has a fine range of $350 to $1,100 plus the $355 surcharge, jail from 5 days to 6 months, and license revocation from 12 to 18 months.

Third Offense – OWI / DUI has a fine range of $600 to $2000, plus the $355 surcharge, jail from 30 days to 1 year, and license revocation from 2 to 3 years.

Fourth Offense – OWI / DUI has a fine range of $600 to $2,000, plus the $355 surcharge, jail from 60 days to 1 year, and license revocation from 2-3 years.

Fifth and subsequent offenses – OWI / DUI is a felony offense. There is a mandatory minimum fine of $600 but not more than $2,000, plus the $355 surcharge, imprisonment of not less than 6 months or more than 5 years, and a license revocation of 2 to 3 years.

Fines for third and subsequent OWI / DUI offenses are increased according to the prohibited alcohol concentration as follows:

.17 – .199 = double fine ($1,200 – $4,000)

.20 – .249 = triple fine ($1,800 – $6,000)

.25 and above = quadruple fine ($2,400 – $8,000)

Fines, jail time, and revocation/suspension periods are all doubled for a person convicted of OWI / DUI when a person under age 16 is in the vehicle at the time of the offense

All OWI / DUI offenses carry six demerit points, except chemical test refusals, and if convicted, a mandatory alcohol assessment/evaluation to determine the nature and extent of their alcohol problems.


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