An OWI — Operating While Intoxicated — charge in Wisconsin is taken seriously even on a first offense. While Wisconsin treats a first OWI differently from subsequent offenses in some respects, the consequences can still be significant and long-lasting. If you have been charged with OWI for the first time, understanding exactly what you are facing and what options you have is essential before you take any steps in the legal process.
The Civil Nature of a First OWI in Wisconsin
One aspect of Wisconsin’s OWI law that surprises many people is that a first offense OWI — absent aggravating factors — is classified as a civil forfeiture rather than a criminal offense under Wisconsin Statute § 346.63. This means it is technically not a crime in the traditional sense, and you will not receive a criminal conviction on your record for a first OWI under standard circumstances. However, do not let the word “civil” lull you into a false sense of security. The penalties are real, the process is complex, and the long-term consequences can still affect your life significantly.
Note that a first OWI becomes criminal if there is a minor in the vehicle, if you caused injury or death, or if your blood alcohol concentration (BAC) was 0.15 or higher in some circumstances.
Fines and Forfeitures
For a standard first OWI with a BAC between 0.08 and 0.149, the forfeiture ranges from $150 to $300 under Wisconsin Statute § 346.65. However, once you add in mandatory surcharges, the actual cost rises substantially — often to $800 or more. If your BAC was 0.15 to 0.199, the forfeiture range is $300 to $1,125. At 0.20 to 0.249, it increases further. These fines do not include the costs of SR-22 insurance, ignition interlock device installation and monitoring, attorney fees, or any other associated costs.
License Revocation
A first OWI conviction results in a license revocation of 6 to 9 months. You may be eligible for an occupational license that allows you to drive for work, school, or medical appointments during the revocation period, but this license comes with restrictions and requires filing for approval. The occupational license may require an ignition interlock device.
Ignition Interlock Device Requirement
Wisconsin law requires an Ignition Interlock Device (IID) for first-offense OWI convictions if your BAC was 0.15 or higher, or if you refused a chemical test. The IID requires you to blow into a breathalyzer before your car will start, and periodically while driving. The device must be installed by a certified vendor, and you pay all installation and monthly monitoring fees — typically $70 to $150 per month.
How to Contest a First OWI Charge
Just because you were charged does not mean you will be found liable. A skilled OWI defense attorney will examine every aspect of your stop and arrest, including:
The basis for the traffic stop. Law enforcement must have reasonable suspicion to stop your vehicle. If the stop was unlawful, evidence gathered during the stop may be suppressible.
Field sobriety test administration. Standardized field sobriety tests must be administered according to specific protocols. Deviations can affect the reliability and admissibility of results.
Breathalyzer calibration and maintenance. The machine used to test your breath must be properly maintained and calibrated. Records showing improper maintenance can be used to challenge the result.
Blood draw procedures. If a blood test was conducted, the draw must follow strict procedures and chain-of-custody protocols. Any irregularity can undermine the result.
Long-Term Consequences of a First OWI
Even as a civil forfeiture, a first OWI stays on your driving record permanently in Wisconsin and counts as a prior offense if you are ever charged with OWI again. A second OWI is a criminal misdemeanor with dramatically higher penalties including potential jail time. Beyond that, a first OWI can affect your professional licenses, commercial driving privileges (CDL holders face especially harsh consequences), and your auto insurance rates for years.
Attorney Christopher S. Carson has more than 22 years of experience defending OWI charges throughout Wisconsin. A first offense can have lasting consequences — do not handle it alone. Call (262) 860-8932 today for a free consultation and learn what options are available in your case.