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Wisconsin DUI State Law

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Wisconsin DUI Laws

Wisconsin Implied Consent
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Under Wisconsin DUI laws, you have the right to fight charges, but this does not give you a lot of time to do so. You will need to file a petition to get your case heard or your license may be automatically revoked. It is critical that you work with Wisconsin DUI lawyers if you hope to get your charges dropped or reduced significantly.

Blood Alcohol Concentration in Wisconsin

There are two ways you can be arrested and charged with DUI in Wisconsin. First, if you show any psychical inability to operate a vehicle, or the potential of being unable to do so, a police officer can arrest you. This may be based on your driving pattern, failed field sobriety tests or your physical appearance.

The second method for arresting is with your blood alcohol concentration. The legal limit for blood alcohol concentration is under .08 percent. Wisconsin does not have an enhanced penalty in place for a high BAC.

Implied Consent

Wisconsin does operate under implied consent. This simply means that if you driving in the state you are giving your implied consent to a chemical test, should a police officer request one. If you refuse to take a chemical test, you will receive an immediate suspension of your driver's license for one year.

1st DUI Offense

A first offense will warrant the following penalties:

  • A fine of $300
  • Driver's license suspension for 6 months or longer
  • If there was a minor under the age of 16 in the vehicle, all penalties are automatically doubled
  • Driver improvement surcharge of $355 must be paid
  • Charged with a misdemeanor

2nd DUI Offense

Under Wisconsin DUI laws, a 10 year look back period is in place. This means that if you have a second violation within 10 years, you will face second offense penalties including:

  • Fined up to $1100
  • Driver's license suspension for 1 year or longer
  • Minimum of 5 days in jail, up to 6 months
  • If a minor under the age of 16 was in the vehicle, all penalties are doubled
  • All vehicles under your name will be required to have an ignition interlock device or immobilization
  • Pay a surcharge of $355 for driver improvement
  • Charged with a misdemeanor

3rd DUI Offense

A third offense will warrant the following penalties:

  • Fine of up to $2000
  • 1 year driver's license suspension, at least
  • 30 days in jail minimum, up to 1 year
  • If a minor under the age of 16 was in the vehicle, all penalties are doubled
  • All vehicles under your name will be required to have an ignition interlock device or immobilization
  • Pay a surcharge of $355 for driver improvement
  • Charged with a misdemeanor

Hire a Wisconsin DUI Lawyer

If you have been charged with Wisconsin DUI, it is imperative that you use a Wisconsin DUI lawyer to help you with the case. While not required, you have a better chance of getting charges dropped or reduced with their help.

Contact Wisconsin Drunk Driving Attorneys


  • Appleton
  • Beloit
  • Burlington
  • Chippewa Falls
  • De Pere
  • Eau Claire
  • Fond Du Lac
  • Franklin
  • Green Bay
  • Janesville
  • Kenosha
  • La Crosse
  • Madison
  • Manitowoc
  • Marshfield
  • Menomonee Falls
  • Milwaukee DUI Lawyers
  • Neenah
  • New Berlin
  • Oak Creek
  • Oconomowoc
  • Oshkosh
  • Racine
  • Sheboygan
  • Stevens Point
  • Sun Prairie
  • Superior
  • Waukesha
  • Wausau
  • West Bend
  • Wisconsin Rapids

Wisconsin DUI Legal Web Resources

Wisconsin Department of Transportation - DUI Laws Wisconsin DMV DUI Guide
Wisconsin Lawyer Directory
Changes in Wisconsin DUI Laws
Wisconsin State Law Library - DUI Wisconsin Mothers Against Drunk Driving


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