OWI Attorneys in Wisconsin If You Have An OWI, You Need An Attorney

Penalties for a first OWI in Wisconsin include: 

  • $150-$300 fine
  • Revocation of your driver's license for 6-9 months
  • Installation of an ignition interlock device (IID) in your vehicle (if BAC exceeds .14%)
  • Required SR-22 insurance for high-risk driver status
  • Mandatory Alcohol and Other Drug Assessment (AODA)
  • Occupational driver's license IID installation & service charges

One OWI conviction will also result in penalties outside the Wisconsin courthouse, including travel restrictions to other countries, increased insurance rates, and the possibility of losing your job.

If your BAC is .17 or higher at the time of your first OWI arrest, additional penalties apply:

  • IID required for 12 months
  • Your legal BAC limit is .02% while mandatory IID is in vehicle

A first offense OWI causing injury carries additional penalties:

  • 30 days to 1 year in jail
  • Up to $2,000 in fines
  • Penalties double if the injured person was under 16 years old

A first OWI causing great bodily harm is a Class F felony with even harsher penalties:

  • Up to 12.5 years in prison
  • Up to $25,000 in fines
  • Penalties increase if a pregnant woman (unborn child) was in the vehicle

A conviction for vehicular homicide while OWI (with no prior OWI convictions) is a Class D felony with the following penalties:

  • Up to 25 years in prison
  • Up to $100,000 in fines
  • Penalties increase if a pregnant woman (unborn child) was in the vehicle

A first offense OWI with a minor under 16 in the vehicle increases the penalties:

  • Offense is no longer civil – it’s now a criminal misdemeanor charge
  • Up to 6 months in jail
  • Driver’s license revoked up to 18 months
  • Required IID for up to 2 years
  • Fines increase to $350-$1100 (plus $435 surcharge)

Common misconceptions about your first OWI in Wisconsin

OWI laws in Wisconsin are strict and often difficult to understand. Some of the most common misconceptions about your first OWI include:

  • “Your first OWI charge is just a ticket.” - Your first OWI is not just a ticket. An OWI first offense in Wisconsin is one of the most serious legal problems you could ever face. Getting one OWI can cost you your job, your driver’s license, and thousands of dollars. There is no way to get an OWI off of your public record once you are convicted.
  • “You can’t lose your job because of an OWI.” - Depending on the job, you could get fired for being convicted for your first OWI. If your job requires you to drive, travel, or rent a car, you will more than likely have to start considering other options.
  • “I can’t be convicted if my BAC was below .08%.” - You don’t have to blow a .08% to be charged with drunk driving. If the court determines you were incapable of safely driving while under the influence of ANY amount of alcohol (even 0.01%), penalties could be the same as exceeding the legal blood-alcohol limit of 0.08%.
  • “You can’t go to jail for your first OWI.” - You can go to jail for your first OWI in Wisconsin if you injured someone or there was a minor in the car at the time of the stop.
  • "You can't get an OWI for driving high on marijuana." - You don't need to be under the influence of alcohol to be charged with an OWI in Wisconsin. You can get charged with an OWI for marijuana, cocaine, and just about any other drug.

 

How much does a first OWI cost in Wisconsin?

The fine amount given to you for your first OWI in Wisconsin will be between $150 and $300. However, many other costs and expenses such as increases in insurance will come as a result of an OWI conviction, increasing the total to anywhere between $700 to $1,000. Depending on the details of your case and the insurance provider you work with, the total cost of your OWI could be even higher.

Mandatory AODA cost

If convicted of OWI in Wisconsin, you’ll be required to partake in a mandatory Alcohol and Other Drug Assessment and be required to follow through with the recommended treatment. AODA and treatments for alcohol-related issues can cost thousands of dollars out of pocket.

Insurance costs after an OWI

If convicted of an OWI, you’ll be required to replace your existing auto insurance with Wisconsin’s high-risk auto insurance (SR-22). SR-22 insurance can sometimes double, triple, or quadruple the rates you are currently paying.

Cost of required IID

Depending on the specifics of your case, you may have to install an ignition interlock device (IID) in your car. The cost of having an IID installed in your vehicle can cost $1,000 or more per year, per car.

Driver’s license fees and reinstatement costs

After you’ve been convicted of an OWI, your driver's license will be revoked for 6-9 months. Once you’re allowed to drive again, you’ll need to pay to get your license reinstated with the DMV. The cost to reinstate your driver's license for OWI-related revocation or suspension is $200.