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Wisconsin DUI Laws

DUI Defense in Wisconsin

Statutes, Penalties, and Defense Strategies

What you are facing, the deadlines that bind you, and the questions an attorney needs to answer — under Wisconsin (WI) DUI 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

Wisconsin gives you 10 days days from the arrest to ask for a DMV hearing. This is the

administrative hearing

Plain language

A DMV review of the license suspension — separate from the criminal court case, with its own paperwork and deadline.

that decides the license suspension. Miss the deadline and the suspension starts on its own, even if the criminal case ends in dismissal later.

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 Interlock

Plain language

A breath-tester wired into the car ignition. The car will not start without a clean sample.

Required for BAC 0.15+ (1 year)

Implied Consent and Test Refusal

Wisconsin has an

implied consent law

Plain language

By driving on the state's roads, you have already agreed to a chemical test if an officer has probable cause to think you are impaired.

like every state. The test can be breath, blood, or urine. Refusing carries its own penalty, listed below.

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.