Answer: That depends on what exactly you are charged with. Jail for an OWI conviction in Wisconsin is mandatory if you have a second offense or a higher offense. It’s also mandatory if you have a first offense with a child in the vehicle. And sometimes, it depends on the case, but it can be mandatory also for cases where there’s any kind of an injury. However, in Wisconsin you cannot go to jail, it’s not even available, on a first offense unless there are some special circumstances. So in most OWI cases, you will not be going to jail on a first offense.