OWI First

Understanding a First OWI Offense in Wisconsin

In Wisconsin, Operating While Intoxicated (OWI) refers to driving under the influence of alcohol or other intoxicants. Although a first OWI is typically classified as a civil rather than a criminal offense, its consequences can be severe and life-altering.Mays Law Office+11stangllaw.com+11stangllaw.com+11stangllaw.com

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🚗 Key Penalties for a First OWI Offense

1. Fines & Surcharges

• Base fine ranges from $150 to $300, plus court costs.

• When combined with fees and surcharges, total costs often reach around $800 to $900.nate.bmsitedemo.com+8wisconsin-owi.com+8stangllaw.com+8

2. License Suspension

• Your driver's license will be revoked for 6 to 9 months.wisconsinowilaws.net+7Tracey Wood+7wisconsin-owi.com+7

• You must request an administrative suspension/revocation hearing within 10 days of issuance to avoid automatic loss of driving privileges.wisconsinowilaws.net+7wisconsin-owi.com+7Tracey Wood+7

3. Occupational (Hardship) License

• You may be eligible immediately for a restricted occupational license to commute for work, school, or essential errands.stangllaw.com

4. Ignition Interlock Device (IID)

• Mandatory if your BAC was .15 or higher.

• You must pay costs of installation and rental, and your legal BAC limit during this period drops to .02%.Wisconsin Legislative Documents+9wisconsin-owi.com+9stangllaw.com+9

5. AODA Assessment & Treatment

• A required Alcohol and Other Drug Assessment is mandatory, followed by any recommended treatment or classes, often costing hundreds to thousands of dollars.Grieve Law+2Tracey Wood+2

6. Insurance Impacts

• You’ll need an SR‑22 high‑risk insurance, with premiums that can double or triple and stay elevated for several years.Grieve Law+1

7. Permanent Record

• Though a first offense is civil, it stays on your public record permanently. It can be treated like a criminal conviction in employment, housing, and travel contexts.Mays Law Office+5Grieve Law+5stangllaw.com+5

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⚠️ Aggravating Circumstances That Raise the Stakes

Even if it's your first OWI, certain factors elevate penalties:

• BAC .15 or higher triggers IID requirement and harsher consequences.Wikipedia+8Grieve Law+8stangllaw.com+8stangllaw.com

• Passenger under age 16: Offense becomes a criminal misdemeanor, with possible jail time, increased fines, and extended license revocation.stangllaw.com+2Mays Law Office+2

• Injury or death: Accidents can convert what began as a civil violation into a criminal felony with severe fines and prison exposure.wisconsin-owi.comstangllaw.comMays Law Office

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💡 Common Misconceptions

• “It’s just a ticket.”
  Wrong. Even first-time OWIs can cost thousands, cause job loss, and impair travel or housing opportunities.Grieve Law+1

• “If my BAC is below .08%, I’m safe.”
  Not necessarily. Wisconsin uses an “any impairment” standard—you can be convicted even if your BAC is under .08% if the state believes you were unsafe to drive.Grieve Lawstangllaw.com

• “You won’t go to jail for a first OWI.”
  Jail may be required if a minor under 16 is in the vehicle or someone was injured, even on a first offense.Grieve Law+1wisconsin-owi.com+3stangllaw.com+3stangllaw.com+3

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🛡️ Possible Defense Strategies

Defenses include challenging:

• The legality or basis of the initial traffic stop

• Proper administration of sobriety or BAC testing

• Calibration errors or chain-of-custody issues with tests

• Procedural errors in handling your rights or evidenceGrieve Law

Engaging an experienced OWI attorney early can make a significant difference.