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How Much Jail Time for an OWI in Wisconsin?

Without Top Milwaukee Drunk Driving Attorneys, You Could Be Sentenced to Jail or Prison for a Long Time

Along with the monetary cost of an OWI in Wisconsin, you could be facing jail time. Even a relatively short sentence of a few days in jail forces you to miss work, school, family time, and everything else you’d rather be doing than sitting in a cell.

Assuming no one got hurt and there were no minors under 16 in the car, here’s how much jail time you could be facing:

  • 1st OWI: No jail time
  • 2nd OWI: 5 days–6 months in jail
  • 3rd OWI: 45 days–1 year in jail
  • 4th OWI: 60 days–6 years in jail
  • 5th OWI or 6th DUI: 6 months to 10 years in prison
  • 7th, 8th, or 9th OWI: 3–12½ years in prison
  • 10th OWI and higher: 4–15 years in prison

If a child under 16 years of age was in the car with you, your jail sentence generally doubles.

With an experienced Wisconsin OWI/DUI lawyer on your side, you can get your charges reduced or dropped, minimizing or eliminating your jail time.

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How Much Jail Time for an OWI in WisconsinJail Time for 1st Offense OWI in Wisconsin

The penalties for a first-time drunk driving charge do not include jail time.

If there was a minor under 16 in the vehicle at the time, you could get up to 6 months in jail.

Jail Time for 2nd Offense OWI in Wisconsin

A second OWI conviction gets you 5 days–6 months in jail. Hint: It’s rarely as few as five days.

With a minor in the car, we’re talking 10 days–1 year.

Jail Time for 3rd Offense OWI in Wisconsin

After your second drunk driving charge, your legal blood alcohol limit drops from .08% to .02%. If you’re caught driving with .02% or higher, you can be charged with Prohibited Alcohol Concentration (PAC) as a third offense OWI and could face up to 1 year in jail.

Jail time for a third OWI ranges from 45 days to 1 year. If you complete probation, including drug and alcohol treatment, the sentence could be reduced to as few as 14 days.

A 3rd OWI with a minor under 16 in the vehicle doubles the sentence to 90 days–2 years in confinement.

Jail Time for a 4th Offense OWI in Wisconsin

A 4th OWI is a Class H felony conviction and comes with 60 days–6 years in jail. 

If a minor under 16 was in the car with you, the possible sentence doubles to 1 year–12 years.

Jail Time for a 5th or 6th Offense OWI in Wisconsin

The 5th or 6th OWI is a Class G felony conviction and includes up to 10 years in prison or, with a minor in the car, up to 20 years.

Jail Time for 7th, 8th, or 9th Offense OWI in Wisconsin

7th–9th drunk driving offenses are considered Class F Felony convictions, punishable by up to 12½ years in prison or, with a minor in the vehicle, up to 25 years.

Jail Time for 10th Offense OWI and Up

10th or higher OWIs are Class E Felonies and can get you 4–15 years in prison or, if a minor under 16 was with you, up to 30 years.

Wisconsin DUI/OWI Law Firm Gets Your Jail Time Reduced as Much as Possible

Whether you’re facing your first drunk driving charge or your tenth, you need someone with experience on your side to minimize the damage, including penalties like jail time and fees. Schedule a free legal consultation to discuss your options and find out what we can do for you.

Contact Wisconsin OWI attorneys to schedule your free case assessment.

By: Attorney Tom Grieve on 03/06/2020

Tom Grieve is a former prosecutor who now runs a successful Wisconsin criminal defense law firm with offices in Milwaukee, Waukesha and Madison. If are facing new charges initial phone consultations are free: contact online or call 262-786-7100.

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