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Offenses and penalties for OWI

Operating While Intoxicated (OWI) penalties range in severity depending on the type of offense and number of repeat offenses.

OWI and related alcohol and drug penalties | Underage alcohol offenses and related penalties | Commercial driver license alcohol and other drug offenses and related penalties

• Printable version of all three OWI offenses and penalties charts

OWI and related alcohol and drug¹⁶ penalties
(as of 2005 Act 491; October 1, 2006)

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1 Generally, second offenses are counted within a 10-year period. Third and subsequent are counted within an individual’s lifetime dating back to 1/1/89. [346.65(2)(b)-(e), 343.305(10)(b)3-4, 1997 Wis. Act 237- s. 9348(2f)] The 10-year and lifetime periods are measured from the date of refusal or violation that resulted in conviction. [346.65(2c)]

2 Absolute sobriety is mandatory for an occupational license for persons with two or more suspensions, revocations or convictions. [343.10(5)(a)(2)]

3 Persons with two or more suspensions, revocations or convictions counted under 343.307(1), must complete assessment and be in compliance with a driver safety plan to be eligible for an occupational license. [343.10(2)(e), 343.30(1q)(b)]

4 If repeat offender, court may immobilize, equip with an ignition interlock device (IID) or seize vehicle. [940.09(1d), 940.25(1d)]

5 Assessment of the offender's use of alcohol or controlled substances is required except for first offenses where alcohol concentration (AC) >.08 and <.10. [343.30 (1q)(c)]

6 Fines, forfeitures, jail and revocation/suspension penalties are doubled for a person convicted of OWI if a person under 16 years of age was in the vehicle at the time of the offense. [343.30 (1q)(b)4m., 343.305 (10)(b)4m,(em), 343.31 (3)(bm)4m.,(c),(e),(f) and 346.65 (2)(f),(3m).] For third and subsequent OWI offenses, fines are increased according to AC. [346.65(2)] Jail time is not doubled under these provisions for offenses committed in Winnebago county, unless the violation caused injury to another person.

7 Fines, forfeitures, jail, and revocations or suspensions are doubled if a pregnant woman is in the vehicle at the time the driver committed the offense. [343.31(3)(c),(f)]

8 The vehicle owned by the offender and used in the offense may be immobilized or equipped with IID or the offender's operating privileges may be restricted to vehicles equipped with IID. [343.301(1)(a) and (2)(a)] For second or subsequent offenses, if there are 2 or more enumerated offenses committed within any 5 years such operating privilege restrictions are mandatory and all vehicles titled or registered in the offenders’ name must be immobilized or equipped with IID. [343.301(1)(a) and (2)(a), 343.305(10m)] For third or subsequent the vehicle may be seized and forfeited. [346.65(6)(a)1]

9 Additional fees, assessments and surcharges will also apply except for first OWI offense where AC > 08 and < .10 [165.755(1), 302.46, 346.655(1), 757.05(1), 814.63(1), 814.65(1), 814.85(1), 814.86(1)]

10 Penalties include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd offense since July 1, 1987. ). [343.315(2)(a)(b)(c)]

11 For third or subsequent OWI offenses, fines are multiplied for alcohol concentration of 0.17 or more. [346.65(2)(g)]

12 For the scale of demerit points for all traffic violations, see Trans 101.02, Wisconsin Administrative Code, and 343.32(2); newly licensed and unlicensed drivers may be subject to increased demerit points. [343.32(2)(bc)]

13 Persons whose operating privileges have been suspended or revoked may apply for an occupational license to drive between home and work or school. [343.10]

14 No OWI surcharge and no assessment of offender's alcohol or controlled substance use for first offense prohibited alcohol content [346.63(1)(b)] if AC > .08 and <.10. An OWI surcharge and an assessment are required for all first prohibited alcohol convictions where AC > .10 and for all first OWI convictions. [346.655(1), 343.30(1q)(c)1]

15 2005 Act 413 allows police to request test sample from any driver involved in an accident causing injury or death, without probable cause to believe the driver was OMVWI or underage.

16 2003 Wisconsin Act 97 prohibits a person from operating a motor vehicle with any detectable presence of a restricted controlled substance in his or her bloodstream. Violations are treated as OWI, and are subject to the same penalties as OWI.

SOURCE: DOT-Bureau of Transportation Safety; DOT-Office of General Counsel

Underage alcohol offenses and related penalties
(as of 2005 Act 491; October 1, 2006)

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1 Court may stay enforcement of the sentence if the defendant agrees, and in turn, the court must condition the stay on voluntary assessment and participation in a court-approved alcohol abuse education program or enrollment in a treatment program; however, the court may not stay, suspend or modify a mandatory drivers license suspension.

2 Suspension is permissive for 1st offense, but mandatory for 2nd and subsequent offenses that involve a motor vehicle.

3 Forfeiture, costs and period of suspension are doubled if a passenger under 16 years of age was in the vehicle at the time of the offense. [343.30(1p), 346.65(2q)]

4 If a person does not hold a valid license at the time of disposition, the suspension period begins when they first apply for a license or two years from the disposition. [343.30(6)(d)]

5 Additional fees, assessment and surcharges will apply.

Comments on penalties for underage alcohol offenses

Persons whose licenses are suspended or revoked for underage alcohol violations other than Absolute Sobriety are eligible for occupational licenses 15 days after the suspension or revocation begins. [343.10(2)(a)4] Those whose licenses are suspended for violating the Absolute Sobriety or “Not a Drop” law are eligible for occupational licenses immediately. [346.63(2m)]

Like persons aged 21 or older, underage persons are subject to the provisions of Wisconsin laws prohibiting operating/driving motor vehicles while intoxicated. These laws include impairment/intoxication resulting from the use of illegal, over the counter or prescription drugs or combinations of drugs or alcohol. It is illegal in Wisconsin to operate snowmobiles, all-terrain vehicles, motor boats, aircraft and other motor vehicles with a detectable presence of restricted controlled substances in the bloodstream or while under the influence of alcohol or drugs or of a combination of alcohol and drugs.

Underage Alcohol conviction records of juveniles (under age 17) are largely confidential. The Department of Transportation may not disclose information concerning a suspension, revocation or restriction as a result of a juvenile’s underage alcohol conviction to any person other than a court, district attorney, municipal prosecuting attorney, law enforcement agency, the underage individual or his/her parents or legal guardian. [343.30(5), 343.24(3)]

SOURCE: DOT-Bureau of Transportation Safety; DOT-Office of General Counsel

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Commercial driver license alcohol and other drug offenses and related penalties
(as of 2005 Act 491; October 1, 2006)

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1 Fines, forfeitures, jail and revocation/suspension penalties are doubled for a person convicted of OWI when a person under 16 years of age was in the vehicle at the time of the offense. [343.30(1q)(b)4m and (3)(e), 343.305(10)(b)4m, 343.31(3)(c), 346.65(2j)(d),(2q)and(3m)] For third and subsequent regular OWI offenses, fines are also increased according to blood alcohol level. [346.65(2)(g)]

2 If AC meets or exceeds .08 or the prohibited alcohol concentration as defined in 340.01(46m), or involves the detectable presence of restricted controlled substances, the offense is punishable under 346.63(1) or 346.63(2)(b), with CDL disqualification under 343.315.

3 Additional fees, assessments and surcharges will apply.

4 Prior offenses counted include injury or homicide by intoxicated motor vehicle use, and other OWI-related offenses committed after January 1, 1989, or the date specified in the relevant statute.

5 License subject to 24-hour seizure if AC > 0.0 or if driver refuses to take an AC test. [343.305(9)(a), (am)].

6 No occupational license can authorize the operation of a commercial motor vehicle. [343.10(2)(c)]

7 Fines, jail penalties and revocation periods are doubled if a pregnant woman is present in the vehicle at the time of the offense. [343.31(3)(f), 940.09(1b), 940.25(1)(b)]

8 Plus OWI $355 surcharge [346.655].

9 The vehicle owned by the offender and used in the offense may be immobilized or equipped with an ignition interlock device (IID), or the offender’s operating privilege for class D vehicles may be restricted to operating only Class D vehicles equipped with an IID. [343.301(1)(a), 343.301(2)(a), 343.305(10m)].

10. 2003 Act 33 applies CDL disqualification to any person convicted of disqualifying offenses committed in any motor vehicle after September 29, 2005.

Note: Similar convictions in other jurisdictions may cause a driver to lose her or his Commercial Driver License.

• CMV = Commercial motor vehicle
• OWI = Operating while intoxicated
• Disq = Disqualified (cannot drive CMV or get CDL-OCC)
• OCC = Occupational license
• CDL = Commercial driver license
• AC = Alcohol concentration
• "H" = Hauling hazardous materials requiring placarding [343.125] at time of offense

Source: DOT-Bureau of Transportation Safety; DOT-Office of General Counsel

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Questions about the content of this page:
Janet Nodorft, janet.nodorft@dot.state.wi.us
Last modified: December 21, 2006