If you have an Indiana driver's license and you're arrested for OWI in Wisconsin, depending on whether you refuse to take a breathalyzer, you could receive 6-12 months of summary supervision from the state of Wisconsin and a $250 reinstatement fee to reinstate driving privileges. You could also face penalties in Indiana, including a misdemeanor felony and suspended license.
DUI in Wisconsin with an Indiana driver's license. I got one. Now what?
Getting a Wisconsin DUI with an Indiana License
Most first offenders receive court supervision. First offenders receive a 6 month Summary Suspension for a 0.08 blood alcohol level (BAC) or higher, and 12 months for refusal to take a breathalyzer. There is a $250 reinstatement fee to get your driving privileges reinstated. Following the payment of the fee and the installation of the IID, with the exception of the first 30 days of the suspension, the driver can drive 24/7 until the suspension ends.
Our criminal defense attorneys have negotiated multiple felonies down to misdemeanors, non-criminal tickets and outright dismissal of charges. Through negotiation or jury trial our Wisconsin criminal defense attorneys faithfully represent your interests to the fullest under criminal law. Grieve Law LLC has the firearm, criminal defense, drug and DUI attorneys in Waukesha and Milwaukee that surrounding areas trust for powerful results.
Our Milwaukee criminal defense attorneys have fought and won out-of-state Wisconsin OWI cases for years—here’s their “must-knows” for Wisconsin OWIs with an Indiana license:
Everything you need to know about getting a Wisconsin DUI with an Indiana license
1. First offense OWIs in Wisconsin are a serious charge with harsh penalties
Don’t expect to get off easy just because Wisconsin doesn’t consider your first drunk driving charge a criminal offense. You’re still facing jail time, thousands of dollars in fines and a tarnished record. Don’t believe the tavern wisdom—Wisconsin OWIs are never just a ticket with a few months suspension. It’s a serious charge, and the state of Wisconsin will do whatever it can to restrict your freedom afterward.
2. You’ll face DWI consequences in Wisconsin.
After your DWI, Wisconsin will impose state-specific penalties on your Wisconsin driving privileges. These can include:
- Revoking your right to drive in Wisconsin: Because they’re not part of the interstate compact, Wisconsin can’t revoke your license in other states. But they have the right to keep you from driving in Wisconsin—and they’ll use it.
- Requiring you to install an ignition interlock device (IID) on your car: Even after your revocation ends, you might be required to install a pricy breathalyzer in your vehicle. IIDs require you to perform a breathalyzer test before you can start your car.
- Mandatory Alcohol and Other Drug Assessment: Wisconsin required an AODA after OWI conviction. This takes hundreds, and sometimes thousands of dollars, straight out of your pocket.
- Refusal of an occupational license: Even if you live in Wisconsin, you have no right to an occupational agreement with an out-of-state license.
Does Wisconsin report DUI to other states? Wisconsin isn’t a part of the US interstate compact, meaning they’re not required to inform Indiana of your DWI. But eventually, Indiana will find out. DWIs are uploaded to a federal database, and the information is accessible in any state. Something as nominal as renewing your license can bring the OWI to your state’s attention, setting off a second chain of consequences:
3. The DWI conviction will follow you. Everywhere.
Wisconsin isn’t a part of the US interstate compact, meaning they’re not required to inform Indiana of your DWI. But eventually, Indiana will find out. DWIs are uploaded to a federal database, and the information is accessible in any state. Something as nominal as renewing your license can bring the OWI to your state’s attention, setting off a second chain of consequences:
4. You will face consequences in Indiana for your Wisconsin DWI.
When Indiana finds out about your DWI, they’ll institute their own set of penalties. Indiana DWI offenders can expect any or all of these consequences:
- Suspended driver’s license for up to 180 days: Unlike Wisconsin, Indiana has the right to revoke all your driving privileges, including those in other states.
- Requiring you to get high-risk auto insurance for 3 years, causing your rates to skyrocket: High-risk auto-insurance, AKA the SR-22, marks you as a DWI offender and potentially dangerous driver. Rates for SR-22s are extremely high, and can be double, triple or even quadruple your current rates.
- Misdemeanor, felony or even jail time:
If you had a BAC of 0.08-0.15%, Indiana classifies it as a Class C misdemeanor, which is punishable by up to 60 days in jail and a fine of up to $500.
If you had a BAC of 0.15% or above, or endangered someone while drunk driving, Indiana classifies it as a Class A misdemeanor. This is punishable by up to a year in jail, and a $5,000 fine.
5. If you get a Wisconsin DUI, you need a Wisconsin lawyer.
Having an attorney educated and experienced in Wisconsin DWI law is PIVOTAL to your case. If your lawyer isn’t experienced, you could get your license taken away, your bank account emptied and face serious jail time.
Experienced Out-Of-State DUI Attorney in Wisconsin
Grieve Law is the law firm of choice for getting Wisconsin DWI charges reduced or dropped. Our accomplished Wisconsin OWI attorneys can negotiate favorable plea options, diminished penalties, even a dismissal of charges. As Tom Grieve has proven time and time again, he and his team of Milwaukee DUI lawyers can stand up to increasingly harsh Wisconsin penalties.
Taking on out-of-state OWI charges without legal representation puts your job, finances and future at risk—it just isn’t worth it. Contact Milwaukee’s top drunk driving attorney today, and get a free consultation on your charges.
Contact our Milwaukee drug defense attorney for a consultation today.
In Wisconsin, how long does an OWI charge stay on your record if you have an Indiana license?
If you have an Indiana driver's license and you get an OWI in Wisconsin, you could face $1,000s in fines or other penalties in both states, and they could remain on your record for life.