(262) 786-7100
Start with a FREE Consultation:
(262) 786-7100
Jail time for an OWI in Wisconsin depends on the offense. Typically, a first offense does not result in jail time. Additional OWI charges, such as a minor in the vehicle or drunk driving resulting in injury, increase jail time and penalties.
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:
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.
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.
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.
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.
Penalty for a 3rd OWI in Wisconsin with a minor under 16 in the vehicle doubles the sentence to 90 days–2 years in confinement.
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.
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.
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.
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.
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.
Learn more about how refusing a breathalyzer test can help/hurt your case.
Contact Wisconsin OWI attorneys to schedule your free case assessment.
