Wisconsin DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Wisconsin, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Wisconsin DUI At a Glance
First Offense DUI in Wisconsin
No jail (1st), $150–$300 fine, 6–9 month suspension
Wisconsin's first OWI is a civil infraction, not criminal
Second Offense DUI in Wisconsin
5 days–6 months jail, $350–$1,100 fine, 12–18 month revocation
When Does a DUI Become a Felony in Wisconsin?
In Wisconsin, a DUI typically becomes a felony charge at the 4th offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Wisconsin DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Wisconsin
Wisconsin, like all U.S. states, has an implied consent law. By driving on Wisconsin roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Wisconsin
Different states use different terminology. Wisconsin uses DWI (Driving While Intoxicated) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Wisconsin
If you are facing a DUI charge in Wisconsin, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension