Second Offense OWI/DUI in Wisconsin

A second DUI in Wisconsin or OWI (driving under the influence or operating while intoxicated) or “PAC” (prohibited alcohol concentration) carries strict penalties, fines, jail time and suspension or revocation of your driver’s license. Driving with a suspended or revoked license is considered a crime in Wisconsin.  

Administrative Penalties

Wisconsin second DUI/OWI convictions range from $350.00 to $1,100, plus court costs. There is also a surge fine of $355.00. Penalty guidelines vary by county.

Criminal Penalties

You may face the following criminal penalties for a second DUI in Wisconsin:

• 12 month to 18 month license revocation
• Probation
• Minimum five days to maximum six months jail time
• Mandatory attendance of an alcohol treatment program
• Installation of an ignition interlock device (IID) for 12 to 18 months

Look Back Period

The Wisconsin courts look at the following when determining fines, penalties and jail time:

• The person’s driving record for the last 10 years
• Whether or not a child under 16 was in the vehicle
• If a car accident was involved or whether someone was seriously injured or killed

If a person has been convicted two or more times within a 10 year period, the court may revoke that person’s driving privileges for not less than one year and not more than 18 months. The court can extend the revocation by the total number of days the person is sentenced to jail or prison.

Felony vs. Misdemeanor

A second DUI in Wisconsin with a blood alcohol level under .08 is considered a misdemeanor. Four or more OWI/DUI offenses with a BAC of .02 or more is considered a felony in Wisconsin. The state will seize your car after a fourth offense.

Plea Options

Plea options in Wisconsin include pleading guilty or no contest to a lesser reduced charge such as reckless driving not involving intoxication or pleading guilty to traffic infractions such as speeding or illegal lane changes. A skilled criminal defense attorney may be able to negotiate a reduction in charges from an OWI felony to an OWI misdemeanor.  

Hiring an Attorney

If you have been charged with a second DUI in Wisconsin, you should contact a Wisconsin criminal defense attorney immediately to represent you. The Wisconsin DUI/OWI laws are complex and require the skills of a Wisconsin criminal defense attorney to argue a defense on your behalf.