Drunk Driving Penalties

We are your local Waukesha DUI Defense Lawyers. Even a first time OWI offense can mean serious penalties. Drunk driving penalties in Wisconsin can include costly fines, jail time, license revocation, alcohol treatment, probation and installation of an ignition interlock device. In some cases, mandatory minimum sentencing is required. This means that a judge has absolutely no discretion and must sentence a minimum number of years in jail.

Wisconsin OWI/DWI laws have become stricter. That is why you need an experienced and aggressive Wisconsin OWI defense attorney to effectively defend you and be there for you every step of the way. At Huppertz & Powers, S.C., our Wisconsin drunk driving penalties attorneys have more than 40 combined years of experience defending people throughout southeastern Wisconsin.

Drunk Driving Penalties in Wisconsin

The WI DUI penalties are strict and include:

First offense OWI (with minor passenger):

$350-$1,100 fine and five days to six months in jail

Third offense OWI:

$600-$2,000 fine and 45 days to one year in jail

Fourth offense OWI:

$600-$2,000 fine and 60 days to one year in jail (misdemeanor offense); prior offense within last five years $600-$10,000 fine and six months to six years in jail (Class H felony — three years in jail and three years of extended supervision)

OWI causing injury: $300-$2,000 fine and 30 days to one year in jail; prior OWI conviction up to $2,000 fine and up to six years in jail (Class H felony); fines and prison term double if minor in vehicle

Recent Changes to Wisconsin’s DWI/OWI Laws

Significant changes to Wisconsin’s DWI/OWI laws went into effect in July 2010. These changes include:

  • Individuals are now eligible for probation when charged with second offense OWI.
  • A fourth OWI offense is now a felony OWI if it occurs within five years of a prior OWI. Individuals charged with felony OWI such as vehicular homicide also face mandatory minimum prison terms.
  • Criminal charges are now filed against individuals accused of OWI if a child under 16 years old was in the car during the incident.
  • Installation of ignition interlock devices is required for all repeat offenders and first time offenders with an alcohol concentration of.15 or greater.
  • Mandatory minimum prison sentencing for fourth offense felony, and fifth and subsequent OWI/DUI/DWI-related offenses

In many counties there are is pretrial monitoring which includes breath tests, scram bracelets and treatment. In Waukesha County on a third offense you are required to have a scram bracelet for 90 days.

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