OWI & DUI Defense Attorneys in Madison and Middleton, Wisconsin

A standard first-offense OWI in Wisconsin is a civil violation, not a crime — there is no jail and no criminal record. The penalty is a forfeiture of $150 to $300 and a license revocation of 6 to 9 months. A first offense does become criminal if a child under 16 was in the vehicle (adding 5 days to 6 months in jail) or if someone was injured. And if you already have a prior OWI within the past 10 years, a new arrest is not charged as a first offense at all — it is prosecuted as a criminal second offense.

You can refuse, but the refusal is penalized separately from the OWI itself under Wisconsin’s implied-consent law (Wis. Stat. § 343.305). A refusal revokes your license for 1 year on a first refusal, 2 years on a second refusal within 10 years, or 3 years on a third or subsequent refusal, and requires an ignition interlock device. You have only 10 days from the notice to request a hearing, so it is important to speak with an attorney right away.

The consequences are far more serious for CDL holders. A first OWI — even one committed in your personal vehicle — disqualifies your commercial license for 1 year, or 3 years if you were hauling placarded hazardous materials. A second OWI or test refusal results in a lifetime CDL disqualification. Commercial drivers are also held to a lower 0.04 alcohol limit.

Penalties escalate quickly. A 1st offense is a civil forfeiture ($150 to $300, no jail). A 2nd offense within 10 years is a misdemeanor ($350 to $1,100 and 5 days to 6 months in jail). A 3rd is a misdemeanor ($600 to $2,000 and 45 days to 1 year). A 4th offense is a Class H felony. Starting with the third offense, Wisconsin counts every prior OWI in your lifetime — there is no longer a 10-year limit.

For most drivers the limit is a blood alcohol concentration (BAC) of 0.08 — at or above that level you can be charged with a Prohibited Alcohol Concentration (PAC) offense under Wis. Stat. § 346.63(1)(b). But you can still be charged with OWI below 0.08 if alcohol or drugs impaired your ability to drive. Lower limits apply to some drivers: 0.04 for commercial drivers, 0.02 if you are on a fourth or subsequent offense or are subject to an ignition-interlock order, and any amount above 0.00 for drivers under 21 under Wisconsin’s absolute-sobriety law. For a restricted controlled substance, any detectable amount can support a charge.

Wisconsin requires an ignition interlock device (IID) — a breath-testing unit wired to your vehicle’s ignition — in three situations: a first offense with a BAC of 0.15 or higher, any second or subsequent offense, and any case where you improperly refused chemical testing. The order generally lasts at least one year and can run as long as your license revocation. The IID must be installed on each vehicle you own or operate before you are allowed to drive again. If a person owns multiple vehicles, an IID exemption can be sought, but it is not guaranteed.

In Wisconsin, OWI offenses follow you for a long time. To count a second offense the state looks back 10 years — but starting with a third offense, every prior OWI in your lifetime counts, with no time limit at all (Wis. Stat. § 343.307). In practice that means an OWI never stops mattering: a conviction today can be used years, even decades, later to raise a future charge to a felony. That long shadow is one of the biggest reasons to fight the first charge rather than simply plead it out.

The stakes rise sharply. An OWI that causes injury to another person is a criminal misdemeanor punishable by up to one year in jail (Wis. Stat. § 346.65(3m)) — even if it would otherwise be a first offense. If a crash causes great bodily harm or death, the charges become felonies under Wis. Stat. § 940.25 (injury by intoxicated use of a vehicle) and § 940.09 (homicide by intoxicated use of a vehicle), carrying years in prison. These cases are far more serious than a standard first-offense OWI and call for immediate legal help.

Yes. Even though a standard first-offense OWI is a civil violation with no jail, the consequences are real and lasting: a 6-to-9-month license revocation, a possible ignition-interlock order if your BAC was 0.15 or higher, a required alcohol assessment, higher insurance costs, and — critically — a permanent first offense that turns any future OWI into a criminal charge. If you also refused testing, that is a separate proceeding with its own penalties. An attorney can challenge the traffic stop, the testing, and the evidence, and may be able to keep a first offense off your record.