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OWI 2nd Offense in Wisconsin | Wisconsin OWI Attorney

Received an OWI 2nd Offense in Wisconsin? Here’s What to Expect

Anyone who receives an OWI 2nd offense in Wisconsin can expect harsher fines and penalties than what they received for their first OWI offense. First OWIs are considered a civil offense in the state, but a second OWI is a criminal offense with no exceptions. It is possible to receive up to 6 months of jail time, fines up to $1,100, and the loss of your driver’s license for 12 months.

OWI 2nd Offense Penalties

If your first OWI occurred within the past 10 years, the penalties for your 2nd OWI will be more severe. A second OWI conviction may see you penalized with:

  • 5 days to 6 months in jail. The amount of days you are incarcerated is doubled if there was a passenger under the age of 16 in the vehicle when you were stopped for OWI.
  • $350-$1,100 in fines. These are the minimum and maximum fine amounts for an OWI 2nd offense. If you have a BAC of .17% to .199%, the fines double. They triple if the BAC is .20% to .249%. Fines quadruple if the BAC is .25% or higher.
  • Mandatory substance abuse treatment. All OWI convictions include mandatory substance abuse assessment from an approved facility within the driver’s county of residence. This assessment must occur within 72 hours of the conviction. Upon completion of the assessment, a driver safety plan will be developed and the driver may be required to undergo substance abuse treatment, OWI classes, or other programs.
  • Loss of Driver’s License. It is possible to lose your license or have it suspended if chemical analysis shows a prohibited BAC level or drug content. At a minimum, the driver’s license will be suspended for 6 months, but the time may be increased if you refuse BAC testing. A judge may also suspend your license for 12-18 months plus confinement length if you are convicted of 2nd OWI in court. This runs at the same time as the 6-month test failure suspension; it is not an additional 12-18 months on top of that. The revocation period may be doubled if there was a passenger under 16 in the vehicle with you.
  • Ignition Interlock Device (IID). Once your license has been reinstated, you will have to install an ignition interlock device (IID) on all vehicles that are titled or registered in your name. The device will remain in place for 18 months to two  years. This cost of IIDs is approximately $1,000 per year, per vehicle.

Additional Consequences of a Second OWI in Wisconsin

It is costly to be charged with an OWI. In addition to the legal penalties mentioned above, other expenses and consequences related to a second OWI in Wisconsin are:

  • The cost of alcohol and drug assessment and the subsequent driver safety plan.
  • The cost of an occupational license and reapplication fees.
  • Mandatory SR22 high-risk auto insurance.
  • Higher life insurance and health insurance rates
  • Lost time off work
  • Impound fees.

Contact a Wisconsin OWI Attorney if You Have Been Charged

If you have been charged with an OWI, whether it is your first or second offense, protect yourself by seeking help from the OWI attorneys at Eisenberg Law Offices. We offer free and confidential consultations and are committed to helping our clients minimize the fallout from OWIs.

Call 608-256-8356 or email info@eisenberglaw.org to schedule your free consultation.

EISENBERG LAW OFFICES, S.C.

308 East Washington Avenue Madison, WI 53703 (608) 256-8356

Madison WI Attorneys Since 1983


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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356