OWI in Wisconsin: the short version
If you are arrested for an OWI in Wisconsin, you have 10 days to request an administrative hearing to keep your license. Penalties for a first offense typically include fines and license revocation, but no jail time, while subsequent offenses carry mandatory jail sentences.
Each year, thousands of Wisconsin residents, are convicted of drunk driving offenses that result in harsh penalties from fines to jail time. In 2012, there were over 4,900 alcohol-related accidents in Wisconsin. While drunk drivers must be held accountable for their actions, especially when innocent lives are at stake, some drivers feel as if they are wrongly convicted. It is illegal to drive under the influence of alcohol in Wisconsin, however, the penalties are typically based on blood alcohol content (BAC) and driver’s prior convictions.
An OWI charge is rarely as fixed as it looks. The State still has to prove the stop was lawful, that field sobriety tests were administered to standard, and that the breath instrument’s calibration records or the blood chain of custody hold up. Where one of those fails, the penalty changes or the charge does. Patrick K. Cafferty has defended Wisconsin drunk-driving cases since 1994, and the firm handles them across Racine, Kenosha and Walworth counties.
If your case is in Kenosha County specifically, the deadlines, the courthouse routing and the Illinois-prior analysis are covered in full on our dedicated OWI site at racineowi.com/kenosha/. That is the page to start from if you have been charged rather than are reading up.
What is an OWI?
OWI (Operating While Intoxicated) is often known as DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in other states, but generally mean the same thing: a driver operated a vehicle while impaired by alcohol, drugs or both, or with a prohibited alcohol concentration. In Wisconsin, the penalties for OWI are dependent on factors such as your BAC and driving record. Consulting with or hiring an experienced and aggressive attorney may also determine the type of penalty you face.
The Governing Wisconsin Statute
The operative statute is § 346.63, which prohibits operating a motor vehicle on a public roadway while under the influence of an intoxicant. A companion provision at § 346.63(1)(b) prohibits operating with a prohibited alcohol concentration: .08 for most drivers, .04 for commercial drivers, and .02 for drivers with three or more prior OWI convictions. Drivers under 21 are covered by § 346.63(2m), which prohibits driving with an alcohol concentration of more than 0.0 but not more than 0.08.
The State has to prove three elements: operation of a motor vehicle, on a public roadway, while either impaired or with a prohibited BAC. Each element is independently contestable. Penalty tiers sit at § 346.65, with aggravators for high BAC, minors in the vehicle, and injuries caused.
Wisconsin OWI can be alcohol, drugs, or both
Wisconsin uses one OWI framework, but prosecutors can prove it in several ways. A case may be based on officer observations, a breath number, a blood result, or a prohibited controlled substance detected in blood.
Impairment OWI
§ 346.63(1)(a) focuses on whether alcohol, drugs, or a combination made the driver less able to safely operate. Field sobriety tests, driving, speech, balance, and officer observations matter.
Prohibited alcohol concentration
§ 346.63(1)(b) is number-driven: .08 for most drivers, .04 for CDL operation, and .02 for drivers with three or more priors. The defense often turns on testing procedure and timing.
Restricted controlled substance
§ 346.63(1)(am) covers detectable restricted controlled substances in blood, including THC. In 2026, Act 99 roadside saliva screening can be the first step toward the blood draw. See our saliva-test guide.
- Identify which OWI theory the State is actually relying on before evaluating plea options.
- Challenge the stop and arrest before treating the chemical-test result as inevitable.
- In THC cases, separate detection from impairment and review the blood-test timeline carefully.
- Use RacineOWI's impaired-driving explainer for how the charge is actually proved, and the Racine, Kenosha and Walworth pages for the county-by-county breakdown.
The Wisconsin OWI Penalty Ladder
Wisconsin counts OWI offenses up a ladder, and each rung changes what the case is. The tiers are in § 346.65, and which rung applies depends on how many countable priors there are under § 343.307:
- First offense: a civil forfeiture of $150 to $300, with no jail, plus revocation and an alcohol assessment. A minor passenger under 16 makes even a first offense criminal.
- Second offense: a criminal misdemeanor with 5 days to 6 months in jail, charged as a second only when the countable prior falls within the 10-year window.
- Third offense: a misdemeanor with 45 days to 1 year in jail.
- Fourth offense: a Class H felony.
- Fifth or sixth offense: a Class G felony.
- Seventh through ninth: a Class F felony. Tenth or more: a Class E felony.
An ignition interlock order under § 343.301 can follow at several of these tiers. Because the rung is set by the priors, the first thing we check in a repeat case is whether each prior actually counts: the date, the jurisdiction and whether the record proves it.
What Happens After an OWI Arrest in Racine, Kenosha and Walworth Counties
- The paperwork at the station. Most drivers leave with a citation and a notice about their license: an administrative suspension after a test over the limit, or a notice of intent to revoke after a refusal.
- Ten days. The driver has 10 days to request an administrative review of the suspension under § 343.305(8), and 10 days to request a refusal hearing under § 343.305(9). Both deadlines run from the arrest, not from the first court date.
- The right court. A standard first offense is usually heard in municipal court if a city or village officer wrote the ticket, or in circuit court if a sheriff’s deputy or State Patrol trooper did. Second and later offenses are criminal and go to the Racine County courthouse at 730 Wisconsin Avenue, the Kenosha County courthouse at 912 56th Street, or the Walworth County Judicial Center in Elkhorn.
- Discovery. The defense obtains the squad and body-camera video, the breath instrument’s maintenance and calibration records, or the blood-draw paperwork and lab file.
- Motions and resolution. Challenges to the stop, the arrest and the test come before any plea discussion. Many cases then resolve by negotiation; others are tried.
An occupational license under § 343.10 can often keep a person driving to work during a revocation. For whether you need a lawyer at each of these steps, see do I need an attorney for an OWI?
We Will Answer Your OWI Questions
For more information regarding multiple OWI offenses, contact an experienced OWI attorney who will answer your questions and aggressively defend your case. If you have been arrested for OWI in Southeastern Wisconsin or Northern Illinois, call Cafferty, Scheidegger & Johnson, S.C., in Racine, Wisconsin, right away.
