Wisconsin DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Wisconsin: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Wisconsin, consult a licensed Wisconsin criminal defense attorney.

Wisconsin DUI / DWI Penalties

OffensePenalty
First OffenseNo jail (1st), $150–$300 fine, 6–9 month suspension
Second Offense5 days–6 months jail, $350–$1,100 fine, 12–18 month revocation

Wisconsin's first OWI is a civil infraction, not criminal

DUI / DWI Statute of Limitations in Wisconsin

In Wisconsin, the general statute of limitations for a felony is 6 years and for a misdemeanor is 3 years.

See all Wisconsin statutes of limitations →

Defending Against DUI / DWI Charges in Wisconsin

Common defenses in Wisconsin dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Wisconsin criminal defense attorney for advice.

Related Wisconsin Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication