Second Offense OWI in Wisconsin

According to Wisconsin OWI Law, an Operating While Intoxicated (OWI) offense entails operating or driving a motor vehicle under any of the following circumstances:

• While under the influence of a controlled substance, intoxicant, drug, or any combination thereof, to the extent that it impairs the individual's ability to drive safely.
• While there is a detectable amount of a restricted controlled substance in an individual's blood.
• While having a prohibited Blood Alcohol Concentration (BAC).

In Wisconsin, a first offense of OWI is a civil infraction usually punishable by a $150 to $300 fine. A second offense OWI in Wisconsin is treated more seriously as a misdemeanor criminal charge punishable by fines ($150 to $300) and license revocation (between 12 and 18 months). If an offender has a prior OWI within 10 years of a second OWI offense, the fines and license revocation period are doubled, and a mandatory jail sentence of 5 days to 6 months is imposed. However, an OWI causing injury has stricter penalties for first and second offenses.

Is a 2nd OWI a Felony in Wisconsin?

It depends on different factors. In Wisconsin, a second OWI is treated as a misdemeanor by default. However, a second OWI causing injury or death is a felony.

What is the Lookback Period for a Second OWI in Wisconsin?

In Wisconsin, the lookback period for OWI is 10 years. This implies that if an offender receives a second OWI within 10 years of their first OWI conviction, a judge will be less lenient and significantly enhance the penalties for a second OWI.

What are Aggravating Factors in a Second OWI?

In Wisconsin, aggravating factors in a second OWI are circumstances that will increase the penalties for an OWI offense, such as an increased monetary penalty, period of confinement, license revocation period, and ignition interlock device (IID) restrictions. Some of these aggravating factors include, but are not limited to:

• Causing significant bodily harm or death
• Having a blood alcohol concentration (BAC) of 0.15 or higher
• Having a substantial amount of a controlled substance or prohibited drug in one's system.
• Refusing to submit to chemical testing
• Having a passenger under 16 years old when the offense was committed

What Happens If You Get a 2nd OWI in Wisconsin

Some of the possible penalties of getting a second OWI in Wisconsin include, but are not limited to:

• Fines of between $350 and $100,000
• Confinement of five (5) days to 40 years
• License revocation of one (1) to two (2) years
• 60 days to a one (1) year waiting period before being eligible for an occupational license, provided the offender has completed an alcohol assessment with a public treatment facility.
• Ignition interlock device restrictions

How Long Does a Second OWI Stay On Your Record in Wisconsin?

A second OWI stays on an offender's criminal record for life. Additionally, an OWI conviction is not expungible under Wisconsin Law. As a result, it usually shows up on background checks. The consequences of having an OWI on one's criminal record can affect different aspects of an individual's life, including employment opportunities, insurance coverage, housing, and eligibility for specific professional licenses.

How Much Does a Second OWI Cost in Wisconsin

A second OWI in Wisconsin is subject to a monetary penalty of a $350 to $1,100 fine. However, aggravating circumstances can significantly impact the monetary penalty of an OWI. For instance, a second OWI causing injury, significant bodily harm, or death is a felony, and it is punishable by a fine of up to $10,000 (for OWI causing injury), up to $25,000 (for OWI causing significant bodily harm), and up to $100,000 (for OWI causing death). Additionally, if a passenger under 16 years old was in the vehicle when the OWI was committed, the applicable monetary penalty is doubled. Furthermore, other costs associated with getting a second OWI in Wisconsin include, but are not limited to, the following:

• Driver Safety Plan: $1500
• Jail surcharge: $10.00 (minimum)
• Penalty surcharge: $39 (minimum)
• Mandatory SR22 high-risk auto insurance costs: $2,189 on average
• Occupational license fees and reinstatement costs: approximately $200
• Ignition interlock device: $1000 (may vary by car make and year) and a $50 surcharge
• Court fees: Criminal court fee ($163), Circuit court fee ($25), court support services surcharge ($68)

Chances of Going to Jail for a Second OWI in Wisconsin

In Wisconsin, a second OWI is punishable by a five (5) to six (6) month period of confinement. Some counties offer reduced periods of confinement (seven (7) days maximum) to second OWI offenders who successfully complete a period of probation that includes alcohol and other drug abuse treatment.

However, different penalties apply under certain aggravating circumstances. For instance, a second OWI cause is punishable by periods of confinement of up to six (6) years and up to 12 years for a second OWI causing great bodily harm. Meanwhile, deaths are taken significantly more seriously, as a second OWI causing death is punishable by up to 40 years' confinement. Additionally, if a passenger under 16 years old was in the vehicle when the offense was committed, the aforementioned period of confinement is doubled.

Driver's License Suspension for a Second OWI in Wisconsin

Wisconsin Department of Transportation (WisDOT) must revoke the license of an individual convicted of a second OWI for one (1) year to 18 months. However, aggravating circumstances can warrant more extended revocation periods. For instance, the revocation period of an individual's license who was convicted of a second OWI causing injury or death is one (1) to two (2) years and two (2) years, respectively. If an individual was convicted of a second OWI causing death, their license will be revoked for five (5) years. Additionally, the stated minimum and maximum revocation periods are doubled if a passenger under 16 years old was in the vehicle when the offense was committed.

When the WisDOT revokes an individual's license due to an OWI, they may be eligible for an occupational license, which grants them limited driving privileges, such as driving to work or conducting homemaking activities. However, an occupational license can not be used for general recreational purposes. There are specific waiting periods before an individual may be eligible for an occupational license, depending on the number of offenses they have committed. The waiting period for a second OWI offender is 45 days. Meanwhile, the waiting period for a second OWI causing injury, great bodily harm, or death is one (1) year.

Ignition Interlock Device Requirement

An ignition Interlock device (IID) is an equipment installed in an offender's vehicle that requires them to exhale into it before operating or at intervals while operating the vehicle. The device restricts a vehicle from being used by an individual whose alcohol concentration is above 0.02 detected in the exhaled breath. Individuals subject to IID restrictions must install an IID on every vehicle they own (titled or registered to them).

A court can impose an IID requirement on a person convicted of a second OWI with a blood alcohol concentration (BAC) of 0.15 or higher. The IID is usually installed for at least one (1) year or the maximum license revocation period, and the offender must pay for its installation.

OWI School and Substance Abuse Treatment

A court can order an individual convicted of a second OWI to submit to an approved public treatment facility to assess and examine their use of alcohol or controlled substances and develop a driver safety plan. The Wisconsin Department of Health Services establishes the Standards for assessment procedures and driver safety plans, and the plan contains requirements that the offender must adhere to. Furthermore, offenders are typically ineligible for an occupational license and reinstatement of a revoked license until they have completed an alcohol assessment.

Probation Conditions

Probation is typically offered to reduce jail time. In cases where an individual fails to comply with their probation conditions, they may be forced to serve the remainder of their suspended incarceration sentence. Some examples of probate conditions include, but are not limited to:

• Regular check-ins with a probation officer
• Submitting to random drug and alcohol tests
• Installing an ignition interlock device (IID)
• Wearing an electric monitoring device
• Random home inspections
• Undergoing an alcohol assessment and complying with recommendations offered by the counselor.

Community Service Requirements

Per Wisconsin Legislature 973.05 (3) (a), a court can order an offender to perform community service at its discretion for a less severe second OWI as an alternative to serving jail time. Some examples of these community service tasks include:

• Removing graffiti
• Cleaning highways and parks
• Volunteering at animal and homeless shelters
• Working at charities and non-profit organizations

Impact on Auto Insurance

Wisconsin OWI laws require individuals convicted of an OWI to obtain an SR22 certificate before their driving privileges are reinstated. The offender's insurance provider files this certificate with the Wisconsin Department of Motor Vehicles as proof that the offender has the state's minimum required auto insurance coverage. An OWI conviction also classifies an individual as a high-risk driver, which can cause increased insurance premiums of up to $5,000 annually.

Which Courts Handle OWI Cases in Wisconsin?

In Wisconsin, OWI cases fall under the jurisdiction of municipal and circuit courts. Municipal Courts have jurisdiction over first-time OWI violations within their respective municipalities. Meanwhile, Circuit Courts are the state's trial courts with original jurisdiction over all civil and criminal cases, including traffic matters like OWI. The contact information and addresses of courts from Wisconsin's most populated counties and their respective county seats that handle OWI cases are detailed below:

Milwaukee County Circuit Court
Milwaukee County Courthouse
901 North 9th Street,
Room 104,
Milwaukee, WI 53233
Phone: (414) 278-4190

City of Milwaukee Municipal Court
951 North James Lovell Street,
Milwaukee, WI 53233
Phone: (414) 286-3800
Fax: (414) 286-3615

Dane County Circuit Court
Dane County Courthouse
215 South Hamilton Street,
Room 1000,
Madison, WI 53703
Phone: (608) 266-4311
Fax: (608) 267-8859

City of Madison Municipal Court
City-County Building
210 Martin Luther King, Jr. Boulevard,
Madison, WI 53703
Phone: (608) 264-9282
Fax: (608) 266-5930

Waukesha County Circuit Court
Waukesha County Courthouse
515 West Moreland Boulevard,
Waukesha, WI 53188
Phone: (262) 970-6676

The Wisconsin Department of Transportation (WisDOT) is responsible for suspending licenses for OWI offenses, overseeing the installation of ignition Interlock devices (IID), issuing occupational permits, and reinstating driving privileges. For more information and further inquiries concerning any of these processes, interested persons can contact the WisDOT Division of Motor Vehicles (DMV) by email or phone, or at the closest DMV office.

Can You Get An OWI on a Horse in Wisconsin?

Horses are not considered vehicles under Wisconsin OWI laws. As a result, an individual can not get an OWI for riding a horse drunk in Wisconsin. However, other charges may be levied against them, such as disorderly conduct, endangering an animal, or animal cruelty.