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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 Wisconsin roads, 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?

The Defense Milestone Score checks 10 critical defense behaviors specific to DUI cases. Takes 2 minutes. Instant results.

Take the Free Defense Score

DUI Defense Playbook$97

26 questions your DUI attorney hopes you never ask, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for Wisconsin DUI defendants.

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. Consult a Wisconsin-licensed attorney for guidance specific to your case.