Wisconsin 2nd OWI penalties include mandatory jail time Your second OWI conviction means a permanent criminal record

You will be charged with a crime if you are arrested for a second offense OWI within 10 years of your first offense. Your first offense could be an OWI conviction or an implied consent violation, aka refusal. This means if you’re arrested, charged and convicted of a second offense DUI in Wisconsin you will always be a convicted criminal for the rest of your life. Whenever you apply for a job or seek a promotion and you get asked the question, “Have you ever been convicted of a crime?” you must answer yes!

What makes your second OWI a crime as opposed to a civil offense? The penalties. They only get worse on a second offense OWI charge.

Back to top

If convicted, jailtime for a 2nd offense OWI in Wisconsin is not less than five days or more than six months. A jail sentence can and often does result in someone losing their job, whether or not a discharge or termination is legal.. On top of getting fired, jail can make you miss out on important life events. Many people are sitting in jail while their child is at their graduation ceremony, or while their spouse is left to juggle childcare and work throughout the sentence. Thanksgiving and Christmas will also happen even while you sit in jail, unable to celebrate with your loved ones. Jail itself is bad, but usually the penalties people don't think about are far worse.

That's not even saying anything about the unavoidable stigma of being a convicted criminal, or the added costs of a 2nd offense OWI in Wisconsin.

Back to top

So you probably just read number two and thought, “Five days is not so bad. I can do five days in jail.” Unfortunately, around southeastern Wisconsin, extremely few repeat OWI offenders are sentenced to five days in jail. In fact, extremely few people get sentenced to even 10, 15, or 20 days jail – if you’re curious, learn more about Wisconsin’s OWI sentencing guidelines. There’s a very good chance the minimum sentence is not going to be anywhere close to what a judge in your district rules for your case. Keep in mind, judicial sentencing guidelines are not rules. The judge is always free to sentence you to whatever he or she wants, including the minimum. However, he or she could also sentence you to the maximum.

More likely than not, the prosecutor on your case will be trying to put you in jail for 30-90 days. Remember the prosecutors do not use the same guidelines that judges do, and are free to seek any sentence they believe is appropriate.

While Grieve Law is successful at getting many people out of their drunk driving charges, we are also very successful at getting significantly reduced sentences and outcomes for clients. Just because you may fit into a certain sentencing category at first glance does not mean that outcome is locked in. Remember, you are only guilty if you are convicted and you will only be sentenced if you are found guilty.

Back to top

Possibly. But even if your county has a Huber program there’s no guarantee you’ll be in it.

The Huber laws in Wisconsin allow for inmates to be transferred to a facility where they are allowed to leave during the day to either seek employment, maintain their job, or perform child care services. Counties with Huber programs generally all have the same basic requirements for Huber release, which include:

• You must have a residence in the county
• You must have employment
• You must not have been convicted of any violent offense either now or in the past

Keep in mind Huber is considered a privilege under the law and not a right you're entitled to. If your county has a Huber program, there must be enough beds available for them to accept you, but there are often limited budgets and resources in the system. Additionally, serving your jail sentence in a Huber facility with work release privileges comes at a cost. You must pay daily fees to the facility for the opportunity to serve your sentence with Huber release privileges. Most facilities require an up-front payment of several days or weeks’ worth of fees.

Inmates are expected to comply with many rules and conditions of work release which strictly control your movements, forbid alcohol and other controlled substances, and require at least one full day spent in jail each week.

If you are caught in violation of your Huber work release, you could lose your privileges and get transferred back to the main jail. You could even be charged with an additional crime for violating those rules. Don’t count on work release to make your jail sentence easier. A smarter move is hiring a DUI defense lawyer with a proven record of getting his clients' charges greatly reduced or even dismissed.

Back to top

The answer is a definite maybe.

Generally speaking, the requirements for electronic monitoring are similar to those for Huber release. The individual serving a sentence typically must have a residence in the county, must have employment, and must not have been convicted of any violent offense either now or in the past.

Since many electronic monitoring systems still rely on a landline phone, it can still be a requirement in various counties. Since “house arrest” is considered a privilege under the law, certain counties set conditions such as being employed within the county, or within a certain distance from your home. There are also very strict rules inmates must follow exactly, or lose their house arrest privileges and return to jail. There may also be fees associated with being on electronic monitoring that are usually required to be paid, at least partly, up front.

Electronic monitoring equipment can be very expensive, and different counties struggle with resource and budget issues. Even if you qualify for electronic monitoring, and the Sherriff’s department says you are eligible, there is no guarantee you will ever be released into house arrest. You may have to wait days, weeks, or even months for an electronic monitoring bracelet to become available.

Back to top

Depending on when and how you obtained your first OWI in Wisconsin, you may not have had to deal with an ignition interlock device. However, if you are convicted of an OWI 2nd offense in Wisconsin, then you will have to install a breathalyzer in your car (also called an ignition interlock device or IID). That device will be on any vehicle titled or registered in your name as well as any vehicle you operate for a minimum of one year. Aside from the inconvenience and embarrassment that comes with having an ignition interlock device installed in your vehicle, there is also a very real financial burden.

Most ignition interlock device installers in Wisconsin will charge at least $1,000.00 for a year of service per vehicle. Sometimes, depending on your vehicle make or model and various other factors, $1,000.00 can easily turn into $2,000.00 or more. This means if you have multiple vehicles, you may be required to pay for and install multiple ignition interlock devices. Having an ignition interlock device installed is not only a requirement for you to apply for an occupational license after a second OWI conviction but can also be a requirement for you to be allowed to serve a sentence in Huber, depending on your county.

Living with an ignition interlock device costs you time as well. There are very strict requirements for maintaining the ignition interlock device in your car. You must have it calibrated frequently, and failure to do so can lead to additional criminal charges. And don’t forget, you must have an occupational license in place with available drive time in order to take your vehicle to the IID location to have the machine calibrated.

It is a crime under Wisconsin law for a person who is under an ignition interlock device order to operate any motor vehicle without an IID installed. While there are a few notable exceptions able to be argued by a knowledgeable and skilled defense attorney, keep in mind you will be subjected to additional charges and an entirely new court process for non-compliance with a court-ordered IID. Failure to install an ignition interlock device in your vehicle can result in even more potential jail time, fines, and driver’s license revocation time.

Back to top

Everyone knows the legal limit for driving a car in Wisconsin is .08%. Some people know the legal limit turns to .02% after you’ve been convicted of a third drunk driving offense. But hardly anyone knows that for as the entire time you have an ignition interlock device requirement on your driver’s license, your legal limit is .02%.

What is .02% blood alcohol concentration? For most people, it means one drink or less. This basically puts an absolute sobriety order on your driving. You can no longer have a beer with a friend or co-worker after work and then drive home knowing you'll be safe. One drink may be enough to put you over your legal limit of .02%.

What happens if you’re caught driving over .02%? You can be charged with a criminal offense called Prohibited Alcohol Concentration (PAC). It amounts to the same thing as being charged with a third drunk driving offense and you’ll face the same 3rd OWI penalties. And don’t think for one second the prosecutor won’t charge you and seek a conviction because you blew a .025%. You may be absolutely sober, you may have passed your fields, but you will still go to jail if convicted on PAC.

Back to top