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2025 DUI Laws in Wisconsin Explained by Wisconsin Lawyers

  • Standard Limit 0.08 Wisconsin’s legal BAC limit has been 0.08 since 2003.
  • Commercial Drivers 0.04 A stricter 0.04 BAC limit applies.
  • Underage Drivers 0.0 Under Zero Tolerance, those under 21 must stay at 0.0 BAC to avoid a DUI.m

Know Wisconsin DUI laws before you drive. The legal BAC limit is 0.08 (set in 2003), 0.04 for commercial drivers, and 0.0 for drivers under 21 under the Zero Tolerance policy. Violations for underage drivers under Wisconsin Statute § 346.63(2m) can lead to a $200 fine, license suspension, and higher insurance rates. 

What Wisconsin Laws Say About:

Refusing a Breathalyzer

Wisconsin is an implied consent state, with significant consequences for refusal:

  • Refusal can be used as evidence of intoxication in court.
  • Penalties for refusal can exceed those for a first-offense OWI.
  • It's generally recommended to take the test if requested.
  • Refusing results in an automatic one-year license suspension.

Relevant statute: Wisconsin Statute § 343.305

Vehicular Manslaughter DUIs

Vehicular homicide while operating under the influence is a severe offense:

  • Classified as a Class D felony under Wisconsin law.
  • Penalties include up to 25 years in prison and fines of up to $100,000.
  • This applies even to first-time OWI offenders who cause a fatality.

Relevant statute: Wisconsin Statute § 940.09

DUI Penalties with Pregnant or Minor Passengers

OWI penalties are significantly increased with vulnerable passengers:

  • Fines increase to $350 - $1,100 (plus a $435 surcharge) for first offense.
  • License revocation extends up to 18 months.
  • Jail time of 5 days to 6 months may be imposed.
  • The offense becomes a criminal misdemeanor instead of a civil violation.

Relevant statute: Wisconsin Statute § 346.65(2)(f)

DUI Chemical Tests

Wisconsin's implied consent law has important implications:

  • Drivers automatically agree to chemical tests when there is probable cause
  • Officers must inform drivers of their rights before requesting a test
  • Penalties for refusing can be more severe than a first-offense OWI

Relevant statute: Wisconsin Statute § 343.305

DUI Plates

Wisconsin does not use special plates for OWI offenders:

  • Other penalties include license revocation, fines, and imprisonment.
  • Ignition interlock devices (IIDs) are required for certain OWI convictions.
  • Neighboring states like Ohio and Minnesota do use special plates for DUI offenders.

Relevant statute: Wisconsin Statute § 343.301 

Ignition Interlock Devices (IIDs)

Wisconsin requires IIDs for certain OWI offenses:

  • Mandatory for first-time offenders with a BAC of 0.15% or higher
  • Required for all repeat OWI offenders
  • Necessary for drivers who refused chemical tests
  • Mandatory for OWI offenses causing injury or death
  • Typically required for at least one year after license reinstatement
  • Offender is responsible for all costs associated with the IID

Relevant statute: Wisconsin Statute § 343.301

Repeat OWI Offenses

Wisconsin has escalating penalties for repeat OWI offenders:

  • Fourth offense OWI is now an automatic Class H felony, regardless of the time between offenses.
  • Penalties for 4th offense include up to 6 years in prison and fines up to $10,000.
  • As of 2018, 4th offense or higher can result in a lifetime driver's license revocation.
  • Lifetime revocation applies if the previous offense occurred within 15 years.
  • After 10 years, offenders can apply for license reinstatement under strict conditions.
  • Penalties increase significantly for 5th and subsequent offenses.

Relevant statute: Wisconsin Statute § 346.65

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