It’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by drugs or alcohol. Wisconsin treats a first-time operating while intoxicated (OWI, sometimes referred to as “DUI”) offense as a civil violation in most cases, rather than a crime. That may sound less serious, but the penalties are still significant. Here’s what you can expect after a first DUI in Wisconsin.
License Suspension and Administrative Penalties
After an OWI arrest, you can expect a Notice of Intent to Suspend your driving privileges. This notice is based on either a failed chemical test or a refusal to submit to testing. Unless you request a hearing within 10 days, your license will be administratively suspended for six months.
If you refused chemical testing, that refusal triggers a separate license revocation under Wisconsin’s implied consent law. A refusal can result in a one-year revocation for a first offense, along with mandatory ignition interlock device (IID) installation.
Penalties and Fines
In addition to license-related penalties, your case will move through municipal or circuit court. First-time OWI violations usually carry the following consequences:
- A fine ranging from $150 to $300 (plus surcharges),
- A license revocation of six to nine months,
- A possible alcohol assessment and recommended treatment.
If your BAC was 0.15% or higher, the court will also order IID installation or participation in a 24/7 sobriety program.
Unlike second or subsequent offenses, a first-offense OWI typically does not carry jail time. However, exceptions apply. For example, if a minor under 16 was in the vehicle, or if the incident caused injuries, you may face misdemeanor or felony charges.
Occupational License Options
If your license is suspended or revoked, you may qualify for an occupational license. This allows you to drive for essential activities like work, school, or medical appointments. You’ll need to provide proof of insurance (SR-22) and, in some cases, install an IID before receiving the license.
Alcohol Assessment and Driver Safety Plan
A first OWI conviction also requires an alcohol and drug assessment through an approved Wisconsin agency. Based on that assessment, you’ll receive a Driver Safety Plan. The plan may include education, counseling, or other requirements. You must complete your specific plan to regain full driving privileges after your revocation period ends.
Insurance and Long-Term Consequences
A DUI/OWI can lead to increased insurance premiums for several years. Your insurer may cancel your policy or reclassify you as high-risk. This affects your car insurance and, if you drive for work, your employment prospects.
Wisconsin does not expunge OWI violations, so the offense stays on your record forever. It also counts as a prior if you’re ever charged with OWI again.
What Happens if You Drive After a Suspension?
Driving after your license has been suspended or revoked for an OWI offense is a separate violation. A conviction may result in additional fines, loss of eligibility for an occupational license, and even jail time. The penalties increase with each subsequent offense.
How a Lawyer Can Help
OWI cases don’t always result in a conviction. Police must follow specific procedures for traffic stops, field sobriety tests, and chemical testing. If officers violated your rights, your attorney can argue that the evidence should be suppressed. In some cases, your lawyer may identify defenses that lead to reduced charges or even dismissal.
An experienced attorney can also help you navigate the license revocation and administrative hearing process. Since you have a limited amount of time to request a hearing, it’s wise to hire an attorney as soon as possible.
Discuss Your Case with Our Experienced OWI Attorneys
Casper Mehlos Law Group, LLC helps drivers understand their options and protects their rights. Contact us today to learn more about your legal options.
