What Are the Penalties for a Second OWI in Wisconsin?

 Posted on May 15, 2026 in DUI/OWI

Drivers facing a second OWI (operating while intoxicated) charge in Wisconsin in 2026 are stepping into criminal territory for the first time. A first OWI is handled as a civil matter with no jail time in most cases. A second brings jail time, a permanent criminal record, and a license revocation that lasts more than a year.

The Wisconsin Department of Transportation reported 18,645 OWI convictions in Wisconsin in 2023 alone, a number that reflects how aggressively Wisconsin prosecutors pursue these cases and why the legislature built mandatory criminal penalties into every second offense. A Milwaukee County, WI OWI defense lawyer can help you understand where you stand and what your options are.

How Wisconsin Law Classifies a Second OWI Offense Differently Than a First

Under Wisconsin Statute § 346.65, the penalties for a second OWI are far more severe than for a first offense. A first OWI carries no jail time in most cases and is handled as a civil forfeiture, meaning it does not result in a criminal charge. A second OWI is a criminal misdemeanor, which means mandatory jail time, a longer license revocation, and a criminal record that stays with you.

So what counts as a second OWI in Wisconsin? Wisconsin uses a 10-year look-back rule for many second-offense penalties. If your prior OWI happened more than 10 years before your current arrest, the new case will be treated more like a first offense for penalties such as jail time and fines, though extra license penalties can still apply because it is still your second OWI. If the prior OWI happened within 10 years, the full second-offense criminal penalties apply.

What Jail Time, Fines, and License Consequences Come with a Second OWI in Wisconsin?

A second OWI conviction within 10 years brings mandatory consequences that you cannot avoid with fines alone.

Jail time 

You face a minimum of five days and a maximum of six months in jail. Some courts allow work release, which lets you keep your job while serving your sentence, but that is not guaranteed.

Fines

The fine range is $350 to $1,100, plus a $435 OWI surcharge. If a passenger under 16 is in the vehicle, the fines and jail time are doubled.

License revocation

Your license will be revoked for at least 12 to 18 months. You must wait 45 days before applying for an occupational license, which only allows driving for specific purposes like work or medical appointments.

Ignition interlock device

An ignition interlock device, or IID, is required on all vehicles you own or drive. It requires you to blow into a breathalyzer before the car will start. You must keep it installed for at least one year to 18 months, at your own expense.

Criminal record

Unlike a first OWI, a second conviction goes on your permanent criminal record and counts toward future OWI offenses for life.

Does a Higher BAC Increase the Penalties for a Second OWI in Wisconsin?

A high blood alcohol concentration makes the penalties worse. Under Wisconsin law, fines are doubled if your BAC was 0.17 to 0.199 percent. They are tripled for a BAC of 0.20 to 0.249 percent, and quadrupled if your BAC is 0.25 percent or above. A high BAC can greatly increase the fines and other penalties tied to the case.

What Defenses Can Challenge a Second OWI Charge in Wisconsin?

An arrest is not a conviction. Defense attorneys look at whether the traffic stop was lawful, whether the breath or blood test was given correctly, whether the testing equipment was properly maintained, and whether the prior conviction actually qualifies under the 10-year look-back rule.

If the prior offense was more than 10 years ago, or if evidence in the current case can be challenged, the results can change significantly. An acquittal or a reduced charge means no mandatory jail, no criminal record from this case, and allows you to avoid many of the other second-offense penalties. The sooner defense work begins, the more options are open, including challenging the administrative license suspension through a hearing that must be requested within 10 days of your arrest.

Schedule a Free Consultation with a Milwaukee County OWI Defense Attorney

If you are facing a second OWI charge, the clock is already running. The Jefferson County, WI drunk driving defense lawyer at Bucher Law Group, LLC brings a perspective most defense attorneys simply do not have. Attorney Bucher spent 20 years as the Waukesha County District Attorney, where he personally handled hundreds of drunk driving cases and directed serious OWI prosecutions. He knows how prosecutors build these cases because he built them himself. That experience now works for you. Bucher Law Group, LLC offers free consultations. Call 262-446-9222 today.