Wisconsin drunk driving defense lawyers
Drunk Driving Charges
Fines - Jail - Prison
The fines, jail (or prison) time, and period of time for which a driver's license will be suspended (or revoked) listed below are approximations based on Milwaukee and Green Bay sentencing guidelines, however, courts can and usually will impose the harshest sentence provided in the sentencing guidelines for that judicial district. Additionally, other fees apply, such as a surcharge (driver improvement surcharge), court costs, crime lab fees, drug assessment fees and victim witness surcharges.
 First Offense Drunk Driving - 1st OWI
A first drunk driving offense is not a criminal charge under Wisconsin law, however a conviction for a 1st OWI can result in fines up to $300 plus a surcharge of $355 with a driver's license suspension or revocation for a period of 6-9 months. Unless a driver possesses a CDL - commercial driver's license - an occupational license is usually available immediately.
Misdemeanor Drunk Driving
A second, third or fourth drunk driving offense is a misdemeanor provided no other serious charges are involved.
Second Offense Drunk Driving - 2nd OWI
A second drunk driving offense is a misdemeanor. A conviction can result in fines up to $1,100 plus a surcharge of $355, with a driver's license suspension or revocation for a period of up to 18 months.
Under Wisconsin law, a person convicted of a second drunk driving offense can be sentenced to jail for a period of up to 180 days, with a five-day minimum. However, most Wisconsin Circuit Courts impose sentences in accordance with or more stricter than those provided in the judicial districts sentencing guidelines.
Third Offense Drunk Driving - 3rd OWI
A third drunk driving offense is a misdemeanor. A conviction for a third OWI can result in fines up to $2,000 plus a surcharge of $355, with a driver's license suspension or revocation for a period of up to 36 months.
Under Wisconsin law, a person convicted of a third drunk driving offense can be sentenced to jail for a period of up to 365 days, with a minimum of 30 days. Most Wisconsin Circuit Court judges impose sentences in excess of the Wisconsin sentencing guidelines.
Fourth Offense Drunk Driving - 4th OWI
A fourth drunk driving offense is a misdemeanor. A conviction for a fourth OWI can result in fines up to $2,000 plus a surcharge of $355, with a driver's license suspension or revocation for a period of up to 5 years.
Under Wisconsin law, a person convicted of a fourth drunk driving offense can be sentenced to jail for a period of up to 365 days, with a minimum of 60 days. Most Wisconsin Circuit Court judges impose sentences in excess of the Wisconsin sentencing guidelines.
Felony Drunk Driving
A fifth or subsequent drunk driving offense is a felony under Wisconsin law, however a lower offense can also constitute a felony offense. If a person was killed as a result of a drunk driving accident, the driver can be charged with a felony offense known as intoxicated use of a motor vehicular, and commonly called drunken vehicular homicide.
Fifth Offense Drunk Driving - 5th OWI
A fifth drunk driving offense is a felony. A conviction for a fifth OWI can result in fines up to $10,000 plus a surcharge of $355, with a driver's license suspension or revocation for a period of up to 36 months.
Under Wisconsin law, a person convicted of a fifth drunk driving offense can be sentenced to prison for a period of up to 5 years, with a minimum of 5 years. Most Wisconsin Circuit Court judges impose sentences in excess of the Wisconsin sentencing guidelines.
Sixth Offense Drunk Driving - 6th OWI
A sixth drunk driving offense is a misdemeanor. A conviction for a sixth OWI can result in fines up to $10,000 plus a surcharge of $355, with a driver's license suspension or revocation for a period of up to 36 months.
Under Wisconsin law, a person convicted of a sixth drunk driving offense can be sentenced to jail for a period of up to 5 years, with a minimum of 5 years. Most Wisconsin Circuit Court judges impose sentences in excess of the Wisconsin sentencing guidelines.
Minor Passengers - Aggravated Charges
If a minor was in the vehicle while the driver was operating that vehicle under the influence, then the fines can be doubled. If there are aggravating circumstances, penalties can be increased.
Free Criminal Defense Initial Consultation
Regardless of the charges, or the time of day, the attorneys at Birdsall Law Offices stand ready to defend you. If you are facing criminal prosecution or drunk driving charges, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office for a free initial consultation.
The criminal & DUI defense attorneys at Birdsall Law represent people across the state of Wisconsin; they routinely appear in the counties (and cities) listed below.
- *Milwaukee County (Milwaukee, Wisconsin)
- *Brown County (Green Bay, Wisconsin)
- Door County (Sturgeon Bay, Wisconsin)
- Fond du Lac County (Fond du Lac, Wisconsin)
- Kenosha County (Kenosha, Wisconsin)
- Manitowoc County (Manitowoc, Wisconsin)
- Outagamie County (Appleton, Wisconsin)
- Racine County (Racine, Wisconsin)
- Sheboygan County (Sheboygan, Wisconsin)
- Winnebago County (Oshkosh, Wisconsin)
*Birdsall Law Offices, S.C. has offices in Milwaukee, Wisconsin and Green Bay, Wisconsin. Call 1-866-493-0726 and you will connected to the attorney that can help you.
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