In Wisconsin, a first OWI offense is only a traffic violation, while a second OWI is a criminal offense. If you’re facing a first OWI charge in Wisconsin, you will not go to jail under most circumstances. Instead, you will face a forfeiture of $150 to $300 and loss of your driving license for six to nine months. A second or subsequent OWI offense carries much more severe penalties.
First OWI Charge in Wisconsin
OWI stands for Operating While Intoxicated. In Wisconsin, you can get an OWI charge for driving with alcohol or drugs in your system.
The biggest difference between a first and second OWI in Wisconsin is that a first OWI is not usually a criminal offense. According to the Wisconsin Legislative Reference Bureau’s Overview of Wisconsin OWI Law, a first OWI with no aggravating factors is a civil infraction. Penalties for a first OWI include:
- Forfeiture of $150 to $300
- License revocation for six to nine months
- If your Blood Alcohol Content was .15 or higher, the court can require you to install an Ignition Interlock Device in your car
When Is a First OWI Charge a Criminal Offense in Wisconsin?
Although a first OWI charge is not usually a criminal offense in Wisconsin, it can be charged as a criminal offense if:
- You had a passenger under age 16.
- You caused an injury, great bodily harm, or death.
If you cause an injury, a first OWI charge is a misdemeanor. If you cause great bodily harm or death, a first OWI is a felony. Penalties for a first OWI with injury include a fine of $300 to $2000 and 30 days to a year in jail. Penalties for a first OWI with great bodily harm include a fine of up to $25,000 and up to 12 and a half years in prison. Penalties for a first OWI resulting in a death include a fine of up to $100,000 and up to 25 years in prison.
Second OWI Charge in Wisconsin
A second OWI charge in Wisconsin is a misdemeanor unless you cause death or injury, in which case it is a felony. Penalties for a second OWI conviction include:
- Fine of $350 to $1100
- Five days to six months in jail
- License revocation for one year to 18 months
- Fines and imprisonment double if you were transporting a minor under 16
- If you injure anyone in a crash, you can be fined up to $10,000 and sentenced to up to six years in prison
- If you caused great bodily harm, you can be fined up to $25,000 and sentenced to up to 12 and a half years in prison
- If you cause a death, you can be fined up to $100,000 and sentenced to up to 40 years in prison
License revocation periods also increase if you injure or kill anyone while operating a vehicle under the influence.
Subsequent OWI Charges
If you continue to drive while intoxicated and are charged with subsequent OWI offenses, penalties become more severe. A fourth OWI is a felony charge, punishable by up to six years in prison and a fine of up to $10,000. A tenth OWI charge is punishable by up to 15 years in prison and a fine of up to $50,000.
Contact a Wisconsin OWI Lawyer Immediately
In most cases, a first OWI in Wisconsin is only a traffic violation. However, the OWI will still go on your record. If you are ever charged with a second OWI, the consequences become far more severe. A Wisconsin OWI lawyer can help you fight the charges and protect your future. If you’re facing an OWI charge in Appleton, Wisconsin, contact J. Kippa Law, LLC immediately.
