The Wisconsin OWI Guide

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What is the difference between an OWI, PAC, DUI, DWI, OVI, OUI, OAWI, etc.?

I just got arrested for a State of Wisconsin OWI charge.  What happens now?

ISSUE ONE:  The Wisconsin Implied Consent (Administrative Suspension / Revocation) Proceeding:  Under Wisconsin implied consent law, any person who drives or operates a motor vehicle upon the public highways of Wisconsin is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol, controlled substances, controlled substance analogs or other drugs, or any combination of alcohol, controlled substances, controlled substance analogs and other drugs, when requested to do so by a law enforcement officer following the person’s lawful arrest for OWI.

Pursuant to the this "implied consent" law, your Wisconsin license (or your right to drive in Wisconsin if you're not a Wisconsin licensed driver) was most likely suspended (test failure) or revoked (test refusal) from anywhere from six months to three years for failing or refusing a chemical test (breath, blood, or urine test).  This suspension / revocation typically starts 30 days following your OWI arrest.

Read your paperwork carefully.  If you would like to seek administrative review of the suspension / revocation (in hopes that the suspension / revocation is overturned), you or your attorney must request a hearing generally within 10 days of your arrest.  Keep in mind that this administrative review applies only to your implied consent administrative action and has nothing to do with the OWI criminal charge (see below).

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ISSUE TWO:  The Wisconsin OWI Case:  Separate from the any suspension / revocation received for failing or refusing a chemical test is the offense of Operating While Intoxicated (OWI). 

Under Wisconsin law, you may not drive or operate a motor vehicle while:

(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders you incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders you incapable of safely driving; or

(b) You have a detectable amount of a restricted controlled substance in your blood. ["Restricted controlled substances" include most Schedule I controlled substances as well as cocaine and methamphetamine.]

(c) You have a prohibited alcohol concentration (.08% or greater alcohol content; however, if you have three or more OWI related convictions, suspensions, or revocations then operating with a alcohol content greater than .02% is prohibited).  This is sometimes referred to as "PAC" or a “per se OWI.” 

If you have not attained the legal drinking age (you are under 21 years of age), you may not drive or operate a motor vehicle while you have an alcohol concentration of more than 0.0 percent but not more than 0.08 percent.

Important:  The implied consent / administrative proceeding and the OWI case are completely separate from one another. 

Will my Wisconsin driver license be revoked / suspended?

RELATED TO ISSUE ONE ABOVE:  Your Wisconsin driver license (or your right to drive in Wisconsin if you do not have a valid Wisconsin license) may be suspended pursuant to implied consent law for failing (suspended) or for refusing (revoked) a chemical test for alcohol and / or drugs.  Again, you may attempt to overturn this suspension / revocation by seeking an administrative hearing within 10 days of your arrest.

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RELATED TO ISSUE TWO ABOVE:  If you are convicted of the OWI charge, your license will be revoked (or your right to drive in Wisconsin if you don't have a valid Wisconsin license) for a six months or more depending on your OWI history.  This revocation is separate and distinct from the statutory summary suspension.  Talk to your Wisconsin lawyer to understand the revocation lengths you face.

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Also keep in mind that your license can be suspended / revoked for a variety of reasons unrelated to a OWI e.g. excessive tickets, hit and run etc.

I have a Wisconsin commercial driver license (CDL).  What will happen to my CDL?

A Wisconsin OWI conviction results in a one year suspension of your commercial driver license regardless of whether you were driving commercially at the time.  A second OWI conviction will result in a permanent revocation of your CDL.

What happens if I get caught driving while my license is suspended / revoked?

Operating a vehicle while your license is revoked for an OWI / PAC conviction or suspended or revoked for an implied consent action is a criminal offense:  Operating While Suspended (OWS) or Operating After Revocation (OAR).  Penalties include fines, possible jail time, and a possible additional license revocation.  For a second offense expect at least five days jail; for a third offense expect at least 30 days jail.

The following aggravating factors can result in greater penalties:

• Prior OWS or OAR convictions;

• Prior record of unsafe driving;

• Alcohol or drugs present while driving;

• Attempting to elude a police officer while OWS / OAR;

• An accident while OWS / OAR.

I really need to drive.  Will I be able to get a occupational / conditional / probationary license?

Occupational licenses are not available to drive commercial vehicles.  Speak to your Wisconsin OWI lawyer about how to obtain an Occupational License. 

Is an OWI / DUI in Wisconsin a criminal offense?  A misdemeanor or felony charge?

In Wisconsin, a OWI is usually a misdemeanor crime.  However, a first OWI conviction is not considered a crime, so jail time is not possible.  However, if you commit an OWI with a child under 16 years of age in the car, even a first offense is now a misdemeanor crime.

A fourth OWI is a felony if the new offense is within five years of a prior OWI conviction.  A fifth or greater OWI offense is a felony charge.

What type of penalties might I face if I am convicted of an Wisconsin DUI charge?

Upon conviction of an Wisconsin DUI offense, a defendant can receive a variety of penalties including alcohol screening / treatment / education; attendance at a victims impact panel class; .  A range of minimum penalties is set forth below: 

Will my defense lawyer be able to plea bargain / negotiate my Wisconsin OWI charge down to another (lesser) offense?

Possibly.  Plea bargaining and charge reduction are two areas that any experienced Wisconsin OWI lawyer would discuss with the prosecutor on the client's behalf. 

Will an Wisconsin OWI go on "my driving record?"

Yes.  An OWI conviction will go on your Wisconsin driving record and will stay on your record forever. 

Just how much jail / prison time will I have to do if I am convicted of an OWI in Wisconsin?

The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following mitigating and aggravating factors:

I am licensed to drive in a state other than Wisconsin and I was cited for a OWI in Wisconsin.  Will my driver license be suspended?

Wisconsin only has the authority to suspend your right to drive in the State of Wisconsin.  Wisconsin is not a member of the "Driver License Compact" which is an agreement between most states to share information on DUI / DWI and other traffic convictions.  However, your home state may very well learn of the conviction.  If it does, it will suspend or revoke your license for the length of time as if you were convicted of the DUI / DWI in your home state.  This also works in reverse.  If you're a Wisconsin licensed driver and you are convicted of a DUI / DWI in another state, Wisconsin will revoke your license if it learns of the conviction.

Will I have to install an Ignition Interlock Device on my car?

An ignition interlock device (IID) is a breath alcohol measurement device that is connected to a motor vehicle ignition.  In order to start the motor vehicle, a driver must blow a breath sample into the device which then measures alcohol concentration.  If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle will not start.

You generally will have to install an ignition interlock device in your car if you are convicted of a second or greater OWI offense in the State of Wisconsin or if your BAC was 0.15% or greater on a first offense.  Talk to your Wisconsin lawyer about whether the IID requirement applies to your situation.

I have a Wisconsin commercial driver license (CDL).  What happens to my CDL?

A Wisconsin OWI conviction results in a one year suspension of your commercial driver license regardless of whether you were driving commercially at the time.  A second OWI conviction will result in a permanent revocation of your Wisconsin CDL. 

A breath test refusal also results in a one year CDL suspension.  A second refusal (when there's a prior OWI incident) will result in a lifetime CDL revocation.

You cannot get an occupational permit to driver a commercial vehicle.

What will an Wisconsin OWI do to my insurability?

If your insurance company finds out about your OWI one of two things are likely to occur.  Either your Wisconsin insurer will raise your rates or you may be cancelled or non-renewed.  Your insurance company will learn of your OWI if you have to file an SR-22.

What is an SR-22?

An SR-22 is a form from a Wisconsin licensed insurance company certifying that you have purchased liability insurance that meets the minimum required coverage limits.  The SR-22 provides proof to the Wisconsin Department of Transportation (DMV) that you are insured.  If you cancel your insurance or the insurance company cancels your policy before your suspension period is over, the company must notify the DMV that the certificate is canceled. 

You will be required to file an SR-22 if you are convicted of a second or greater OWI offense or if you apply for an Occupational License (even if its a first OWI conviction).  The SR-22 must generally be maintained for three years.

My OWI involved an accident.  Do I need to file an accident report?

Are there special concerns for licensed pilots who get an Wisconsin OWI?

Yes.  The FAA has special reporting requirements for certain Motor Vehicle Actions including Wisconsin OWI convictions and certain administrative (implied consent) suspensions and revocations.  Learn more here.

I missed my Wisconsin court appearance.  What do I do now?

Failing to appear (FTA) for court is to be avoided.  When you miss a court appearance, bad things happen.  At a minimum, the Wisconsin court typically issues a warrant for your arrest (known as a bench warrant).  Talk to an lawyer as soon as possible.  Often, your only option is to turn yourself in on the outstanding warrant.  A new court date will then be scheduled.

Can I represent myself in court on my Wisconsin OWI and other criminal charge(s)?

Yes.  You have a constitutional right to represent yourself on any criminal charge no matter how serious including a Wisconsin OWI charge.  Keep in mind that Wisconsin Operating while Intoxicated defense is a complex area of the law as shown by the information in this website.  If you cannot afford to hire your own attorney, you definitely should apply for court appointed counsel to represent you.  You have no right to court appointed counsel at the administrative review hearing.

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