DWI Penalties, Jail, Sentance, Fines, Madison, Dane County, Wisconsin OMVWI, OWI, Drunk Driving, DWI, DUI Defense

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 Penalties

Wisconsin is divided into ten judicial districts each of which has its own sentencing guidelines.  Below is a general summary of those guidelines by type of offense.  The alcohol content and other attendant circumstances will factor into the penalties levied against a person who is convicted of drunk driving.  There are separate summaries for refusals and for offenses involving injury.  Although every attempt is made to keep this information accurate, we are not responsible for any errors or omissions (typographical or otherwise) found herein.  Do not rely on the penalty guidelines set forth below without having your specific case evaluated by an attorney.  
  
View the penalty summary for a
 
First Offense OWI/PAC  

Offense Type: Forfeiture
Jail Time: None
Approximate Total Forfeiture: $620 - $800
Demerit Points: 6
Suspension/Revocation: 6 to 9 months
Occupational License Eligibility: Usually immediate.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan".  Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.

* Child in vehicle doubles penalties.
* New & unlicensed drivers may be subject to additional points.
* If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
Second Offense OWI/PAC - within 10 years

Offense Type: Misdemeanor
Jail Time: 5 days to 6 months
Approximate Total Fine: $900 to $1800
Demerit Points: 6
Suspension/Revocation: 12 to 18 months
Occupational License Eligibility: Usually after 60 days. Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan".  Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.  Vehicle immobilization or ignition interlock may be ordered.

* Child in vehicle doubles penalties.
* New & unlicensed drivers may be subject to additional points.
* If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
* If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
Third Offense OWI/PAC - two prior convictions since 01-01-89

 Offense Type: Misdemeanor
Jail Time: 30 days to 1 year
Approximate Total Fine: $1170 to $10,300.  Fine increases with alcohol content.
Demerit Points: 6
Suspension/Revocation: 2 to 3 years
Occupational License Eligibility: Usually after 90 days.  Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan".  Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.  Vehicle immobilization or ignition interlock may be ordered.  Vehicle may be seized and forfeited.

* Child in vehicle doubles penalties.
* New & unlicensed drivers may be subject to additional points.
* If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
* If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
Fourth Offense OWI/PAC- three priors since 01-01-89

 Offense Type: Misdemeanor
Jail Time: 60 days to 1 year
Approximate Total Fine: $1170 to $10,300.  Fine increases with alcohol content.
Demerit Points: 6
Suspension/Revocation: 2 to 3 years
Occupational License Eligibility: Usually after 90 days.  Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan".  Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.  Vehicle immobilization or ignition interlock may be ordered.  Vehicle may be seized and forfeited.

* Child in vehicle doubles penalties.
* New & unlicensed drivers may be subject to additional points.
* If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
* If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
Fifth (or more) Offense OWI/PAC - four priors since 01-01-89

 Offense Type: Felony
Jail Time: 6 months to 6 years
Approximate Total Fine: $1170 to $10,300.  Fine increases with alcohol content.
Demerit Points: 6
Suspension/Revocation: 2 to 3 years
Occupational License Eligibility: Usually after 90 days.  Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan".  Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.  Vehicle immobilization or ignition interlock may be ordered.  Vehicle may be seized and forfeited.

* Child in vehicle doubles penalties.
* New & unlicensed drivers may be subject to additional points.
* If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
* If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
Causing Injury by OWI  

Offense Type: Misdemeanor (Felony if child in vehicle.)
Jail Time: 30 days to 1 year
Approximate Total Fine: $300 to $2,000 plus costs.
Demerit Points: 6
Suspension/Revocation: 1 to 2 years
Occupational License Eligibility: Usually after 60 days.  Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan".  Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.  Vehicle immobilization or ignition interlock may be ordered.  Vehicle may be seized and forfeited.  Restitution may be ordered.

* Child in vehicle doubles penalties.
* New & unlicensed drivers may be subject to additional points.
* If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
* If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
Causing Great Bodily Harm by OWI

 Offense Type: Felony
Jail Time: Up to 12.5 years
Approximate Total Fine: Up to $25,000 plus costs. 
Demerit Points: 6
Suspension/Revocation: 2 years
Occupational License Eligibility: Usually after 120 days.  Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan".  Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.  Vehicle immobilization or ignition interlock may be ordered.  Vehicle may be seized and forfeited.

* Child in vehicle doubles penalties.
* New & unlicensed drivers may be subject to additional points.
* If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
* If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
Homicide While OWI

 Offense Type: Felony
Jail Time: Up to 25 years (or up to 40 years if prior OWI related offenses)
Approximate Total Fine: up to $100,000 plus costs.
Demerit Points: 6
Suspension/Revocation: 5 to 10 years
Occupational License Eligibility: Usually after 120 days.  Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan".  Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.  Vehicle immobilization or ignition interlock may be ordered.  Vehicle may be seized and forfeited.

* Child in vehicle doubles penalties.
* New & unlicensed drivers may be subject to additional points.
* If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
* If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).
Refusals  

Refusals do not carry a jail time or fines, but the penalties associated with a refusal are often considered to be worse than an OWI.  And on a second or subsequent offense, even if the driver refuses the test, most officers will hold him down and take his blood anyway.  So the driver ends up with a refusal charge even though the police have his blood test.

First Offense Refusal
Revocation: 1 year
Occupational License Eligibility: After 30 days
Alcohol assessment and driver safety plan required.

Second Offense Refusal
Revocation: 2 years
Occupational License Eligibility: At least 90 days
Alcohol assessment and driver safety plan required.
If this is a second offense within 5 years, the court must order an ignition interlock device or vehicle immobilization.  The court may order these devices if the first offense was more than 5 years ago.

Third
Revocation: 3 years
Occupational License Eligibility: At least 120 days
Alcohol assessment and driver safety plan required.
If this is a third offense within 5 years, the court must order an ignition interlock device, vehicle immobilization or even seizure of the vehicle.

 

  

 

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This site is maintained by Attorney Lovell-Lepak for informational purposes ONLY & not as a solicitation in any state where this website fails to comply with all laws and ethical rules of that state. It is intended to educate those charged with drunk driving (also known as DWI, DUI, OMVWI or OWI) in the state of Wisconsin. Nothing herein is to be construed as legal advice or a legal consultation. No attorney-client relationship is formed by the use of this site or by email to any of the addresses contained herein. The information here is based on Wisconsin law and may not be applicable in states other than Wisconsin. Although every attempt is made to keep the information on this site accurate, we are not responsible for any errors or omissions (typographical or otherwise) found herein. You may NOT rely on the information contained in this website.  You should not rely on any information on the web without talking to a lawyer about the specific facts of your case. The information on this site is not a substitute for legal advice. 
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