Wisconsin Drunk Driving Laws

Wisconsin Legal Drinking Limits

In most situations, the legal blood alcohol limit is .08; however, people with CDL licenses (commercial driver's license), people who have been previously convicted of a drunk driving offense, and minors are subject to stricter rules and lower BAC levels.

Drunk Driving & People Under 21 Years

Wisconsin's legal drinking age is 21. Under Wisconsin's zero tolerance laws, a person under the age of 21 years stopped for drunk driving who has any trace of alcohol in their blood is automatically charged with an OWI.

1st Offense Drunk Driving

The charge for a first offense of drunk driving under Wisconsin laws is an OWI - 1st Offense. An OWI - 1st Offense is not a crime, but it is a criminal act punishable under the criminal law code of Wisconsin. It is a civil offense for which a person can be fined and stripped of their driving privileges.

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2nd Offense Drunk Driving

The charge for a second offense of drunk driving under Wisconsin laws is an OWI - 2nd Offense. A 2nd OWI is a misdemeanor offense under the criminal law code of Wisconsin. If convicted, the sentence for an OWI - 2nd Offense includes jail time in a county jail, fines, and loss of driving privileges. Other penalties can also be imposed.

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3rd Offense Drunk Driving

The charge for a third offense of drunk driving under Wisconsin laws is an OWI - 3rd Offense. A 3rd OWI is a misdemeanor offense under the criminal law code of Wisconsin. If convicted, the sentence for an OWI - 3rd Offense will include jail time in the county jail, fines, and loss of driving privileges. Additional penalties often include interlocking devices preventing a person from driving, as well as other available penalties as the courts are usually much harsher on convicted offenders than the sentencing guidelines suggest.

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4th Offense Drunk Driving

The charge for a fourth offense of drunk driving under Wisconsin laws is an OWI - Fourth Offense. A 4th OWI is a misdemeanor offense under the criminal code of Wisconsin. If convicted, the sentence will include extensive jail time, fines, and loss of driving privileges. Sentences often also include stricter punishments beyond the sentencing guidelines.

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5th Offense Drunk Driving & Subsequent Drunk Driving Offenses

The charge for a fifth offense of drunk driving under Wisconsin laws is an OWI - Fifth Offense. A 5th OWI is a felony. A felony is punishable by one or more years in a state prison. If convicted of a fifth offense for drunk driving, the sentence will include imprisonment in a state prison, severe fines, and loss of driving privileges. The court may (and often does) impose additional harsh punishments.

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Refusals - Refusing To Submit To A Blood Alcohol Test

Wisconsin law provides that a person must submit to a blood alcohol test if they are stopped and asked to do so. However, there are situations in which a test is not reasonable, and that is precisely what Attorney Chirafisi proved in a drunk driving case in which the alleged defendant had refused to submit to the test. See: Refusal Ruled Reasonable - Attorney Corey Chirafisi Defending

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Contact Information

Attorney Corey Chirafisi
10 E Doty St, Ste 701
Madison, WI 53703
Telephone: 608.250.3500
Toll-free: 1.866.514.0647
E-mail Attorney Chirafisi
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