Wisconsin OWI Laws 2026: Penalties for First, Second, and Third Offenses

OWI Laws

If you are facing an OWI charge in Wisconsin, you need to know what is at stake in your case. All OWI charges carry serious penalties, and if you don’t take your case seriously, you could end up facing these penalties unnecessarily.

The penalties that are on the table in a Wisconsin OWI case depend on several factors. These include whether your case involves drugs or alcohol, your blood alcohol concentration (BAC) if you received an alcohol-related OWI, and your prior record (if any), among others.

Wisconsin OWI Penalty Table: What is At Stake in Your Drunk Driving Case?

So, what is at stake in your case in 2026? Here is a look at the current Wisconsin OWI penalty table:

1st Offense OWI

  • Fines: $150 to $300
  • Driver’s License Suspension: Six to nine months
  • Ignition Interlock Device (IID): Required if BAC was 0.15% or above
  • Jail Time: None
  • Alcohol Assessment: Mandatory

2nd Offense OWI

  • Fines: $350 to $1,100
  • Driver’s License Suspension: 12 to 18 months
  • Ignition Interlock Device (IID): Required
  • Jail Time: Five days to six months
  • Alcohol Assessment: Mandatory

3rd Offense OWI

  • Fines: $600 to $2,000
  • Driver’s License Suspension: Two to three years
  • Ignition Interlock Device (IID): Required
  • Jail Time: 45 days to one year
  • Alcohol Assessment: Mandatory

4th Offense OWI

  • Fines: $600 to $10,000 or more (depending on BAC)
  • Driver’s License Suspension: Two to three years
  • Ignition Interlock Device (IID): Required
  • Jail Time: 60 days to six years
  • Alcohol Assessment: Mandatory

5th or 6th Offense OWI

  • Fines: $600 to $10,000 or more (depending on BAC)
  • Driver’s License Suspension: Two years to permanent revocation
  • Ignition Interlock Device (IID): Required
  • Jail Time: 60 days to six years
  • Alcohol Assessment: Mandatory

7th, 8th, or 9th Offense OWI

  • Fines: Up to $25,000
  • Driver’s License Suspension: Two years to permanent revocation
  • Ignition Interlock Device (IID): Required
  • Jail Time: Three years to 12.5 years
  • Alcohol Assessment: Mandatory

10th Offense OWI

  • Fines: Up to $50,000
  • Driver’s License Suspension: Two years to permanent revocation
  • Ignition Interlock Device (IID): Required
  • Jail Time: Four years to 15 years
  • Alcohol Assessment: Mandatory

Fourth and subsequent OWIs are felony offenses in Wisconsin. Additionally, regardless of your prior history (if any), factors such as causing a serious or fatal accident, driving with a passenger under the age of 16, and getting arrested for OWI in a school zone can significantly increase the penalties you are facing. When you sit down to discuss your case with an experienced OWI defense attorney, your attorney will be able to determine what penalties you are facing based on the specific circumstances of your case.

Additional Consequences of an OWI Conviction in Wisconsin

Along with facing the penalties listed above, if you get convicted of operating a vehicle while intoxicated (OWI) in Wisconsin, you can face a variety of other serious consequences as well. These “collateral” consequences include:

Additional Financial Consequences

Along with the fines associated with the various levels of OWI offenses in Wisconsin (along with court costs and fees), OWI convictions can lead to additional financial consequences as well. For example, if you get convicted of OWI, you will also be forced to incur costs such as:

  • High-risk auto insurance (which can cost you thousands of dollars per year)
  • Costs for installing and monitoring your ignition interlock device(s) (IID(s))
  • Fees for getting your driver’s license reinstated when your suspension ends

These costs can be substantial—and these costs alone can make hiring an experienced OWI defense attorney well worth it. Driving without insurance and driving on a suspended license are also serious offenses in Wisconsin.

Career Consequences

Getting an OWI in Wisconsin can also have immediate and long-lasting consequences for your career. This is true whether you are still in school, you have a professional license, or you are in the military:

  • Academic Consequences – Getting an OWI could lead to a suspension or expulsion from school. If you are thinking about going back to school, your OWI could prevent you from getting into school or obtaining financial aid.
  • Professional Consequences – If you have a professional license, your OWI could lead to disciplinary action ranging from a reprimand to loss of licensure. Obviously, if you lose your license because of your OWI, this will have devastating effects on your career.
  • Military Consequences – If you are in the military, an OWI can have serious career-related consequences in this scenario as well. For example, as the U.S. Army, “[a]t a court-martial for drunken driving, the maximum punishment a service member could receive is: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.”

Additionally, many companies simply won’t hire job candidates who have an OWI conviction on their record. As a result, getting an OWI could significantly limit your job prospects, and this could potentially impact your personal finances for the rest of your life.

Immigration Consequences

For foreign citizens living in Wisconsin, an OWI conviction can also have serious immigration-related consequences. Depending on your current immigration status, an OWI conviction could lead to:

  • Visa revocation or inability to renew your visa
  • Removal from the United States
  • Ineligibility for naturalization as a U.S. citizen

U.S. Citizenship and Immigration Services (USCIS) takes all impaired driving cases seriously. Among other issues, if you have an OWI (or multiple OWIs) on your record, this could prevent you from being able to establish that you have “good moral character,” which is a key requirement for naturalization.

Arrested for OWI in Wisconsin? Contact Us for a Free and Confidential Consultation Today

Are you facing an OWI charge in Wisconsin? If so, we can help you fight to avoid unnecessary consequences, but you must contact us promptly. Once you get in touch, we will arrange your free consultation as soon as possible, and an experienced Madison OWI defense attorney at our firm will walk you through everything you need to know about your case. To get started on your defense today, call 608-305-4518 or tell us how we can reach you online now.

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