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Wisconsin OWI Laws & Penalties (2026)

Wisconsin is the only state where a first OWI is not a criminal offense — it is a civil forfeiture. However, all subsequent offenses are criminal with a lifetime lookback.

DUI attorneys available now in Wisconsin
0.08%
BAC Limit
OWI
Term Used
Lifetime
Lookback
Yes
Implied Consent
No
Expungement

Wisconsin OWI Penalties

1st Offense

ClassificationCivil forfeiture (not criminal)
Jail TimeNone
Fines$150–$300
License6–9 month revocation
Mandatory JailNo

2nd Offense

ClassificationMisdemeanor
Jail Time5 days–6 months
Fines$350–$1,100
License12–18 month revocation
Felony Threshold4th offense (lifetime)

BAC Limits in Wisconsin

0.08%
Standard Driver
0.04%
Commercial Driver
0.02%
Under 21

🔧 Ignition Interlock

Required for repeat offenders and BAC ≥ 0.15%

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🛡️ Insurance Requirements

SR-22 required for 3 years

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📜 Expungement

Wisconsin does not allow OWI expungement.

Expungement Guide →

💰 Estimated Total Cost

A first OWI in Wisconsin typically costs $10,000-$25,000+ including fines, attorney, classes, IID, and insurance increases.

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OWI Lawyers by City in Wisconsin

Find a OWI Attorney in Wisconsin

Connect with experienced OWI lawyers in Milwaukee, Madison, Green Bay, and across Wisconsin.

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Official Sources & References

DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only. Consult a licensed attorney in Wisconsin for advice specific to your situation.

Wisconsin OWI FAQ

What is the BAC limit in Wisconsin?

The legal BAC limit in Wisconsin is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.

What are the penalties for a first OWI in Wisconsin?

A first OWI in Wisconsin is a Civil forfeiture (not criminal). Penalties include None jail, $150–$300 in fines, and 6–9 month revocation license suspension.

Is an ignition interlock device required in Wisconsin?

Required for repeat offenders and BAC ≥ 0.15%

Can a OWI be expunged in Wisconsin?

No, Wisconsin does not allow OWI expungement.

What is the lookback period for OWI in Wisconsin?

Wisconsin uses a Lifetime lookback period to determine if an offense counts as a repeat offense.

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