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Atty. Eric Pitsch
Wisconsin OWI With A Commercial
Drivers License (CDL) Penalties
     Charges can vary from the type of license you have to the level of OWI you are facing. Penalties can also depend upon the quality of
representation you have as well. The difference between an average attorney and a specialist in OWI can mean the difference in your case.
Don’t be under-represented because you incorrectly believe that all attorneys are the same. Below is a breakdown, generally, by level of
offense.
Any Measurable Amount of Alcohol –
Commercial Driver’s License (CDL) Penalty:
Your CDL will be Out-of-Service for 24 hrs.

You will be fined $10, plus court costs.

You are subject to 24-hour license seizure of your Class
D/M license.

There is no occupational license for your Class D/M license.




PAC.04% or greater but .08% or less (First) –
Commercial Driver’s License (CDL) Penalty:
Your CDL will be Out-of-Service for 1 year, or 3 years if
hauling hazardous materials requiring a placarding.

You will be fined $150-$300, plus court costs.

You are subject to 24-hour license seizure of your Class
D/M license.

You will be eligible for an occupational license for your
Class D/M license after 15 days.




PAC.04% or greater but .08% or less (Second) –
Commercial Driver’s License (CDL) Penalty:
There is a lifetime disqualification of your CDL.

You may be incarcerated for between 5 days to 6 months in
jail.

You will be fined $300-$1,000, plus court costs.

You are subject to 24-hour license seizure of your Class
D/M license.

You will be eligible for an occupational license for your
Class D/M license after 15 days.





PAC.04% or greater but .08% or less (Third or subsequent) –
Commercial Driver’s License (CDL) Penalty:
There is a lifetime disqualification of your CDL.

You may be incarcerated for between 45 days to 1 year in
jail.

You will be fined $600-$2,000, plus court costs.

You are subject to 24-hour license seizure of your Class
D/M license.

You will be eligible for an occupational license for your
Class D/M license after 15 days.





PAC.04% or greater but .08% or less (Causing Injury) –
Commercial Driver’s License (CDL) Penalty:
Your CDL will be disqualified for 1 year, or 3 years if
hauling hazardous materials requiring placarding, or lifetime
for 2nd offense.

You may be incarcerated for between 30 days to 1 year in
jail.

You will be fined $300-$2,000, plus court costs.

You are subject to 1 year revocation of your Class D/M
license.

You will be eligible for an occupational license for your
Class D/M license after 15 days.





PAC.04% or greater but .08% or less (Causing Injury &
Prior .04%-.08% violation or prior OWI conviction) –
Commercial Driver’s License (CDL) Penalty:
Your CDL will be disqualified for 1 year, or 3 years if
hauling hazardous materials requiring placarding, or lifetime
for 2nd offense.

You may be incarcerated for between 6 months to 6 years
in prison.

You will be fined $600-$10,000, plus court costs.

You are subject to 1 year revocation of your Class D/M
license.

You will be eligible for an occupational license for your
Class D/M license after 15 days.





PAC.04% or greater but .08% or less (Causing Great Bodily
Harm) – Commercial Driver’s License (CDL) Penalty:
Your CDL will be disqualified for 1 year, or 3 years if
hauling hazardous materials requiring placarding, or lifetime
for 2nd offense.

You may be incarcerated for between 6 months to 6 years
in prison.

You will be fined up to$25,000, plus court costs.

You are subject to 2 year revocation of your Class D/M
license.

You will be eligible for an occupational license for your
Class D/M license after 120 days or, if 2 or more offenses
within 5 years, after 1 year.





PAC.04% or greater but .08% or less (Causing Death) –
Commercial Driver’s License (CDL) Penalty:
Your CDL will be disqualified for 1 year, or 3 years if
hauling hazardous materials requiring placarding, or lifetime
for 2nd offense.

You may be incarcerated for between 6 months to 40 years
in prison.

You will be fined up to$100,000, plus court costs.

You are subject to 5 year revocation of your Class D/M
license.

You will be eligible for an occupational license for your
Class D/M license after 120 days or, if 2 or more offenses
within 5 years, after 1 year.





From our Appleton office, we are Criminal Defense, OWI, DUI, DWI, Personal Injury, Divorce attorneys providing quality legal services to clients throughout the greater Fox River Valley and Northeastern
Wisconsin areas, including Appleton, Green Bay, Oshkosh, Fond du Lac, Menasha, Neenah, Combined Locks, Darboy, Hortonville, Greenville, Kimberly, Little Chute, Grand Chute, Allouez, Larson,
Winneconne, Kaukauna, Wrightstown, De Pere, Ashwaubenon, Bellevue, Chilton, Manitowoc, Sheboygan, Plymouth, Two Rivers, Outagamie County, Winnebago, Brown County, Fond du Lac County,
Sheboygan County, Waupaca County, Manitowoc County, Kewaunee County, Green Lake County and surrounding areas.
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Refusal  – Commercial Driver’s License (CDL) (First) Penalty:
Your CDL will out of service for 24 hours, disqualified for 1
year (343.315(2)(a), or 3 years is hauling hazardous
materials requiring a placarding.

You are subject to 1 year revocation of your Class D/M
license.

You will be eligible for an occupational license for your
Class D/M license after 30 days.



Refusal  – Commercial Driver’s License (CDL) (Second w/in
10 years) Penalty:
There is a lifetime disqualification of your CDL.

You are subject to 2 year revocation of your Class D/M
license.

You will be eligible for an occupational license for your
Class D/M license after 90 days or, if 2 or more offenses
within 5 years, after 1 year.



Refusal  – Commercial Driver’s License (CDL) (Third Offense
Lifetime) Penalty:
There is a lifetime disqualification of your CDL.

You are subject to 3 year revocation of your Class D/M
license.

You will be eligible for an occupational license for your
Class D/M license after 120 days or, if 2 or more offenses
within 5 years, after 1 year.