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Atty. Eric Pitsch
Wisconsin OWI 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.
First Offense OWI:
Generally, there isn’t a jail sentence, unless there is an
accident with injury or a passenger who is less than 16
years old in the car, which could mean up to 6 month jail.

The fine can range from $150 – $300, plus substantial court
costs.

You may get 6 demerit points on your license and your
driver’s license will be revoked for 6 to 9 months (or 1 year
if there was a Refusal), but you will immediately qualify for
an occupational license (or 30 days if there was a Refusal),
as long as you obtain an SR22 high risk rider insurance
policy.

If you have a blood alcohol content of .15 or higher, you will
be required to have an Ignition Interlock device (IID)
installed on your vehicle for 12 months.

You will need to have an alcohol assessment (AODA).





Fifth or Sixth Offense OWI:
You be sentenced anywhere 6-months jail to 6-years in
prison, with the first three years confined in prison.

The fine will range up to $10,000, plus substantial court
costs.

You may get 6 demerit points on your license and your
driver’s license will be revoked for 2-3 years, and you have
to wait 45 days (or 120 days if there was a Refusal or 12
months if 2 or more offenses in 5 years) before you are
eligible for an occupational license, then you may get one
as long as you obtain an SR22 high risk rider insurance
policy.

Your vehicle will be required to be equipped with an Ignition
Interlock Device.

You have to have an alcohol assessment (AODA).





Second Offense OWI:
You will be sentenced from 5 days to 6 months in jail.

The fine can range from $350 to $1,100, plus substantial
court costs.

You may get 6 demerit points on your license and your
driver’s license will be revoked for 12 to 18 months (or 3
years if there was a Refusal), and you have to wait 45 days
(or 120 days if there was a Refusal or 12 months if 2 or
more offenses in 5 years) before you are eligible for an
occupational license, then you may get one as long as you
obtain an SR22 high risk rider insurance policy.

Your vehicle will be required to be equipped with an Ignition
Interlock Device for a minimum of 12 months and up to 18
months.

You have to have an alcohol assessment (AODA).





Third Offense OWI:
You will be sentenced from 45 days to 12 months in jail or
prison if a felony matter.

Charges are Felony in nature if there was a child under the
age of 16 in the vehicle.

The fine can range from $600 to $2,000, plus substantial
court costs, and can be doubled, tripled or quadrupled,
depending upon your BAC level.

You may get 6 demerit points on your license and your
driver’s license will be revoked for 24 to 36 months (or 3
years if there was a Refusal), and you have to wait 45 days
(or 120 days if there was a Refusal or 12 months if 2 or
more offenses in 5 years) before you are eligible for an
occupational license, then you may get one as long as you
obtain an SR22 high risk rider insurance policy.

Your vehicle will be required to be equipped with an Ignition
Interlock Device for a minimum of 12 months and up to 36
months.

You have to have an alcohol assessment (AODA).






Fourth Offense OWI:
You will be sentenced from 60 days to 12 months in jail or
prison if a felony matter.

Charges are Felony in nature if there was a child under the
age of 16 in the vehicle or if your third offense was within 5
years of the fourth offense.

The fine can range from $600 to $2,000, plus substantial
court costs, and can be doubled, tripled or quadrupled,
depending upon your BAC level.

You may get 6 demerit points on your license and your
driver’s license will be revoked for 24 to 36 months (or 3
years if there was a Refusal), and you have to wait 45 days
(or 120 days if there was a Refusal or 12 months if 2 or
more offenses in 5 years) before you are eligible for an
occupational license, then you may get one as long as you
obtain an SR22 high risk rider insurance policy.

Your vehicle will be required to be equipped with an Ignition
Interlock Device for a minimum of 12 months and up to 36
months.

You have to have an alcohol assessment (AODA).






Seventh, Eighth or Ninth Offense OWI:
You be sentenced anywhere 3-years to 10 years in prison.

The fine will range up to $25,000, plus substantial court
costs.

You may get 6 demerit points on your license and your
driver’s license will be revoked for 2-3 years, and you have
to wait 45 days (or 120 days if there was a Refusal or 12
months if 2 or more offenses in 5 years) before you are
eligible for an occupational license, then you may get one
as long as you obtain an SR22 high risk rider insurance
policy.

Your vehicle will be required to be equipped with an Ignition
Interlock Device.

You have to have an alcohol assessment (AODA).





Tenth or More Offense OWI:
You be sentenced anywhere 4-years to 12.5 years in prison.

The fine will range up to $25,000, plus substantial court
costs.

You may get 6 demerit points on your license and your
driver’s license will be revoked for 2-3 years, and you have
to wait 45 days (or 120 days if there was a Refusal or 12
months if 2 or more offenses in 5 years) before you are
eligible for an occupational license, then you may get one
as long as you obtain an SR22 high risk rider insurance
policy.

Your vehicle will be required to be equipped with an Ignition
Interlock Device.

You have to have an alcohol assessment (AODA).





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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