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Wisconsin's .08 BAC Driving Limit

Wisconsin’s legal BAC limit is 0.08 (set in 2003) under Wisconsin Statute § 340.01(46m), with a stricter 0.04 limit for commercial drivers. Under Wisconsin’s Zero Tolerance Law (§ 346.63(2m)), drivers under 21 must stay at 0.0 BAC to avoid a DUI.

An Operating While Intoxicated (OWI) conviction in Wisconsin stays on your record for life. Because they never drop off, they will be found on any future background checks, and Wisconsin does not allow for the expungement of OWI convictions. That is what makes it so important to have an expert attorney on your side from the start.

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DUI Laws in Wisconsin Explained by Wisconsin Lawyers

Standard Limit0.08

Wisconsin’s legal BAC limit has been 0.08 since 2003.

Commercial Drivers0.04

A stricter 0.04 BAC limit applies.

Underage Drivers0.0

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, and an implied consent violation has consequences such as:

  • Refusal can be used as evidence of intoxication in court.
  • Refusal penalties are more severe than those for a 1st OWI.
  • 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.

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

Could You be Facing a Felony Charge for OWI in Wisconsin?

Depending on the severity of your OWI, you could be facing lengthy prison time and hefty fines. The best way to try and reduce your OWI penalties is by hiring an experienced OWI criminal defense attorney from Grieve Law.

You Could be Facing Serious Charges if You've Been Charged With:

  • OWI with a Minor under the age of 16 in the vehicle: Receiving an OWI with a minor under the age of 16 in the vehicle will result in a Class H felony in Wisconsin. In most cases, a class H felony will earn you up to 6 years of time in state prison and fines up to $10,000.
  • 4th OWI: Once you get your 4th OWI in Wisconsin you will be facing a Class H felony. A class H felony in Wisconsin is punishable by up to 6 years in state prison and a maximum fine of $10,000 or both.
  • 5th OWI: Being charged with a 5th OWI in Wisconsin will result in a Class G Felony. A Class G felony will show up on your record, result in 10 years of state prison time, and a maximum fine of $25,000.
  •  
  • OWI causing great bodily harm: Being charged with a Class F felony for OWI causing great bodily harm will land you some serious penalties in Wisconsin. Class F felonies will typically land you $25,000 in fines, 12 years in state prison, or both.
  • Second OWI causing an injury: If you’re being charged with a Class H felony for getting a second OWI that caused an injury, you could be facing notable penalties. A Class H felony in Wisconsin is typically punishable by up to 6 years in state prison and fines up to $10,000.

Wisconsin Drunk Driving Penalties

Penalties for 1st offense OWI in Wisconsin
Penalties for 2nd offense OWI in Wisconsin
Penalties for 3rd offense OWI in Wisconsin
Penalties for 4th offense OWI in Wisconsin
Penalties for 5th offense OWI in Wisconsin