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Is first-offense drunken driving a crime in Wisconsin?
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No.
In Wisconsin, unlike in nearly every other state, first-offense drunken driving is not a crime.
Wisconsin treats a standard first-offense operating while intoxicated as a civil violation.Β
Punishment includes a fine of $150-$300 and driverβs license revocation for six to nine months.
Subsequent OWI offenses generally are crimes, but there is an exception.
If a second offense occurs more than 10 years after the first, first-offense penalties apply.
Otherwise, second and third offenses are misdemeanors. Jail time is five days to six months for a second offense and 45 days to one year for a third offense.Β
Fourth and subsequent offenses are felonies punishable by jail or prison time.
New Jersey treats first-offense OWI as a traffic violation, but up to 30 days in jail can be imposed.
In New Hampshire, first-offense is a misdemeanor, but no jail time can be imposed.
This fact brief is responsive to conversations such as this one.
Sources
- Wisconsin State Legislature: 346.63: Operating under influence of intoxicant or other drug
- Wisconsin Department of Transportation: OWI and Related Alcohol and Drug Offense Penalties
- Wisconsin Department of Transportation: Drunk driving law
- Wisconsin Legislative Reference Bureau: Wisconsin's OWI Laws
- National Conference of State Legislatures: Criminal Status of State Drunken Driving Laws
- Justia.com: 2025 New Jersey Revised Statutes Title 39 β Motor Vehicles and Traffic Regulation Section 39:4-50 β Driving while intoxicated
- New Hampshire General Court: Driving or Operating Under the Influence of Drugs or Liquor
Is first-offense drunken driving a crime in Wisconsin? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.
