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Wisconsin DUI Laws

Wisconsin DUI Defense

What you're facing, what the deadlines are, and the questions your attorney needs to answer, specific to Wisconsin (WI) law.

BAC Limit

0.08

Enhanced BAC

0.20

Higher penalties above this

Lookback Period

Lifetime

Prior offenses count within

⚠

10 days-Day DMV Hearing Deadline

In Wisconsin, you have 10 days days from your arrest to request an administrative DMV hearing. Miss this deadline and your license suspension goes into effect automatically , even if the criminal case is later dismissed.

First Offense Penalties in Wisconsin

Jail TimeNo jail (first offense is a civil forfeiture, not criminal)
Fines$150 – $300 (plus $365 OWI surcharge)
License Suspension6 – 9 months
Ignition InterlockRequired for BAC 0.15+ (1 year)

Implied Consent & Test Refusal

Like all 50 states, Wisconsin has an implied consent law, by driving on Wisconsinroads, you've already agreed to submit to a chemical test (breath, blood, or urine) if an officer has probable cause to believe you're impaired.

Refusal Penalty

1-year license revocation

Wisconsin-Specific Detail

Wisconsin is the only state where a first-offense DUI is a civil forfeiture (traffic ticket) rather than a criminal offense. There is no possibility of jail time for a first offense. However, a second offense is a criminal misdemeanor, and Wisconsin uses a lifetime lookback.

Is your Wisconsin DUI defense on track?

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DUI Defense Playbook — $127

26 questions that change how your next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for Wisconsin DUI defendants.

Get the DUI Playbook — $127Read the Free DUI Guide

Other Wisconsin defense topics

Facing a different charge in Wisconsin? Penalty ranges, enhancements, and defense questions for related crimes:

Drug Possession in WisconsinAssault in WisconsinDomestic Violence in Wisconsin

Important: This page provides general legal information about Wisconsin DUI laws as of the date of publication. Laws change frequently. This is not legal advice. For guidance specific to your case, speaking with a Wisconsin-licensed attorney is one option, or take the free Masked Researcher’s First Read to see where your case stands.