Wisconsin OWI Second Offense Penalties

A second OWI in Wisconsin is treated very differently than a first. While a first OWI is usually handled as a civil violation, a second OWI is always a criminal misdemeanor. If you are convicted, it creates a permanent criminal record that cannot be erased or expunged or sealed under Wisconsin law. In other words, it stays with you for life.

The penalties are also much harsher. Jail time is required, with a minimum of five days and up to six months behind bars. The fines are higher than those for a first offense, and they can increase if there are aggravating factors, such as having a very high blood alcohol level or a child under 16 in the car.

Your driver’s license will be revoked for 12 to 18 months or longer. Once that time is up, you will be required to install an Ignition Interlock Device (IID) on every vehicle you own or drive. While the IID is in place, you must stay completely sober every time you drive.

Refusing a breath or blood test on a second OWI within ten years of the first makes the situation even more serious. A refusal leads to a two-year license revocation, a mandatory IID, and a 90-day waiting period before you can apply for an occupational license. The refusal can also be used as evidence against you in court.

The bottom line is that a second OWI comes with long-lasting consequences that go far beyond fines or jail. However, an arrest is not the same as a conviction. There are many legal defenses that can be used to challenge the case, and in some situations the charges can be reduced or dismissed altogether.

These defense strategies can include questioning the reason for the traffic stop, challenging the accuracy of breath or blood test results, and pointing out problems with field sobriety tests. In some cases, medical conditions that mimic signs of intoxication or health issues that can cause inaccurate test results may also be used as part of the defense.

In addition to these approaches, there are legal tactics specific to Wisconsin, such as using the look-back period to challenge how a prior conviction is counted, or filing a collateral attack to argue that a past conviction should not be used under certain circumstances.

Below is a summary of the potential consequences of this charge, along with strategies you can use to work toward the best possible outcome for your situation.

Classification

A second-offense OWI in Wisconsin is normally classified as a misdemeanor criminal offense. Unlike a first offense, which is generally treated as a civil violation, a second offense automatically carries criminal consequences. However, if there are aggravating factors such as causing injury, great bodily harm, or death, the charge can be elevated to a felony, which brings much harsher penalties and long-term consequences.

Jail: For a second-offense OWI in Wisconsin, jail time is mandatory and cannot be avoided. The law requires a minimum of five days in county jail, but the sentence can extend up to six months depending on the circumstances. Judges do not have the authority to waive jail time, even if there are mitigating factors. In practice, many prosecutors will push for thirty to ninety days behind bars, particularly when aggravating circumstances are present, such as a high blood alcohol concentration, involvement in an accident, or endangerment of others.

Fines: For a second-offense OWI in Wisconsin, the court imposes fines of $350 or more to $1,100 or more, depending on the circumstances of the case and the judge’s discretion. In addition, every conviction carries a mandatory $435 or more driver improvement surcharge, which is added to the base fine. These penalties are designed not only to punish repeat offenders but also to support state programs focused on road safety and driver rehabilitation. The exact amount assessed can vary depending on factors such as the driver’s blood alcohol content (BAC) at the time of arrest, whether an accident occurred, or if passengers were placed at risk.

Pretrial Release Conditions

For a second OWI offense in Wisconsin, courts frequently impose pretrial release conditions to address public safety concerns before trial. These measures are designed to prevent repeat impaired driving and ensure the defendant appears in court as required. Typical conditions include strict abstinence from alcohol, random testing for alcohol or drugs, and regular check-ins with pretrial services. By enforcing these safeguards, judges reduce the risk of reoffending and maintain accountability while the case moves through the legal process.

License Revocation/Suspension

A second OWI conviction in Wisconsin results in losing your driver’s license for 12 to 18 months. The revocation period can be longer if your blood alcohol concentration (BAC) is higher or if you refuse a breath or blood test under Wisconsin’s implied consent law.

By BAC level or refusal:

• • 08 to 0.149: Standard revocation of 12 to 18 months.
• • 15 to 0.199: Revocation plus mandatory Ignition Interlock Device (IID) for at least 12 months on every vehicle you own or operate.
• • 20 or higher: Judges may impose longer suspensions, higher fines, and stricter probation terms, along with mandatory IID.
• • Refusal of a breath or blood test: Treated as a separate violation, leading to longer revocation (up to 2 years or more) and mandatory IID.

Ignition Interlock Device (IID)

An ignition interlock device (IID) is a small breath-testing machine that is wired into a vehicle’s ignition system. Before the car will start, the driver must blow into the device. If alcohol is detected, the engine will not start. Wisconsin requires IIDs as a safeguard against repeat drunk driving, and they also serve as a way for the court to closely monitor individuals who have been convicted of OWI offenses.

For a second OWI offense in Wisconsin, the IID requirement is mandatory in every case, regardless of what your blood alcohol concentration (BAC) was at the time of arrest. The court will order the device to be installed on every vehicle you own or operate, and you are only permitted to drive IID-equipped vehicles during the order period. On top of this, anyone convicted of a second OWI must follow a strict .02% BAC restriction while driving. This is far lower than the standard .08% limit, which means even a small amount of alcohol or sometimes common products like mouthwash or cough syrup could push you over the limit and result in new charges.

The financial burden of an IID order is also significant. You are responsible for all costs, which typically include an installation fee of $75 to $150 per vehicle, a monthly monitoring or service fee of $60 to $100, and a removal fee of about $50 to $100 when the order ends. If you own more than one vehicle, the court may require an IID to be installed in each one, which quickly increases the expense. Failing to pay fees, tampering with the device, or driving a non-IID vehicle can lead to further penalties and extend the length of your restriction.

The IID order for a second OWI lasts at least 12 months, but the court may extend this period depending on the facts of your case. However, there is an important exception. If your attorney files for an administrative hearing within 10 days of your arrest and successfully challenges your license suspension, you would not be required to install the IID. This makes it critical to act quickly after an arrest to potentially avoid the device altogether.

Mandatory Alcohol and Other Drug Assessment (AODA)

For a second OWI offense in Wisconsin, completing an Alcohol and Other Drug Assessment (AODA) is mandatory in every case. This court-ordered evaluation must be done through a state-approved treatment facility and typically costs around $275 to $300 or more. The purpose of the assessment is to review your history with alcohol and drug use, evaluate the risk of repeat behavior, and determine what level of treatment or monitoring is necessary before you can reinstate your driver’s license.

Unlike a first offense, where courts may only require what the assessment recommends, a second OWI is viewed as proof of a pattern. Judges often impose stricter requirements such as extended counseling, multiple education classes, or participation in monitored treatment programs. Courts take higher blood alcohol concentrations (BAC) especially seriously, and the higher your BAC, the more likely you are to face intensive follow-up requirements beyond the initial assessment.

Community Service

For a second OWI offense in Wisconsin, community service is not a standard penalty set by state law, but in some counties, judges have the discretion to allow it as part of sentencing. In certain situations, limited hours of community service may be permitted as a substitute for part of the mandatory jail sentence.

This option is usually considered case by case and depends on factors such as the severity of the incident, the person’s prior record, and how the judge views rehabilitation versus punishment.

Victim Impact Panel

A Victim Impact Panel in Wisconsin is a program where OWI offenders listen to victims or families share how impaired driving has affected their lives. Judges often order it for second OWI cases because repeat offenses show that lighter penalties did not change behavior. Once it is part of sentencing, attendance is usually mandatory. The only real ways to avoid it are by fighting the charge, negotiating alternatives, or showing significant hardship.

Occupational Driver’s License

For a second OWI in Wisconsin, you can try to file an administrative challenge to fight your license suspension, but if the challenge is denied, the suspension stands. After a conviction, there is a mandatory 45-day waiting period before you can apply for an occupational license. This license limits you to 12 hours per day and 60 hours per week, only for approved purposes like work, school, or treatment, and you must list the counties and driving hours in advance. You’ll also be required to install an Ignition Interlock Device (IID) and carry SR-22 insurance, which is not a type of insurance policy itself but rather a certificate filed by your insurance company with the DMV proving that you carry the state’s minimum liability coverage; it usually leads to higher insurance premiums and must be maintained for several years.

Second Offense OWI Driver’s License Fees and Reinstatement Costs

A second OWI conviction in Wisconsin comes with harsher penalties than a first offense, and one of the most difficult consequences is the loss of your driver’s license for a longer period of time. When that revocation period ends, your license is not automatically restored. To legally drive again, you must pay a $200 reinstatement fee to the Wisconsin DMV. This reinstatement fee applies specifically to OWI-related suspensions and revocations and must be paid in full before your driving privileges are returned.

It is important to understand that the $200 reinstatement fee is only one part of the financial burden. You will also face separate expenses such as court fines and surcharges, significantly higher insurance premiums, the cost of a mandatory Alcohol and Other Drug Assessment (AODA), and the fees for completing any required driver safety or treatment program. These costs are all separate from the reinstatement fee, and each one must be addressed before you are legally allowed back on the road.

Court Surcharges

For a second OWI in Wisconsin, you’ll pay a mandatory $435 driver improvement surcharge, plus various smaller fees like a penalty surcharge, jail surcharge, and crime lab surcharge. These are added on top of the base fine of $350–$1,100. The exact amounts can vary slightly by county or judicial district.

Travel Restrictions

Canada treats a second OWI as a serious criminal offense, which usually makes you inadmissible and barred from entering the country. The only ways around this are through special permissions, such as a Temporary Resident Permit or criminal rehabilitation, both of which are difficult to obtain and not guaranteed. The European Union does not have a single blanket rule, but many countries require disclosure of criminal records and may deny visas or long stays if you have multiple OWIs. Because repeat OWI convictions suggest a pattern of risky behavior and raise public safety concerns, both Canada and EU nations impose these restrictions, making it in your best interest to challenge a second OWI conviction if you plan to travel internationally.

Look-Back Period for a Second OWI in Wisconsin

When someone is arrested for OWI in Wisconsin, the court looks at their past record to decide how serious the new charge should be. This is called the “look-back period.”

The 10-Year Rule (before your second conviction):

If your first OWI happened more than 10 years ago and you have stayed out of trouble since, the new arrest might be treated like another first offense. That means the penalties could be less severe compared to a standard second offense.

When Your First OWI Might Not Count Against You

A collateral attack is a legal tool that can sometimes help in a second OWI case in Wisconsin. It isn’t an appeal of your first OWI, but rather a way to argue that your first conviction should not be used against you in your current case. This defense comes into play when the prosecutor tries to make your second OWI more serious by relying on your first conviction. If the judge finds that the first conviction was invalid, it cannot be used to increase the penalties you face now.

These challenges are only allowed in very limited circumstances. To succeed, you must show that your rights were violated in the first case. Examples include not having a lawyer and not properly giving up that right, not being told about your rights before pleading guilty, or another serious violation of due process. What will not work are arguments that the evidence was weak or that the judge was unfair.

Although not always an option, when a collateral attack is used correctly it can be a powerful defense. It may prevent your first OWI from being used against you, which could mean lighter penalties, fewer long-term consequences, and a stronger chance of protecting your record and future.

Enhanced Penalties for a Second OWI with Excessive Blood Alcohol Content (BAC)

In Wisconsin, a second OWI is always treated as a criminal offense, and the penalties become even harsher if your blood alcohol content (BAC) is above certain levels. BAC is measured by either a breath test or a blood test, and while the legal limit for most drivers is 0.08 percent, higher readings trigger enhanced punishments that increase fines, jail time, and license consequences.

If your BAC is between 0.17 and 0.199, the penalties are doubled. That means at least 10 days in jail instead of 5, fines up to 2,200 dollars, and stricter license and ignition interlock rules. If your BAC is between 0.20 and 0.2499, the penalties triple, with at least 15 days in jail, fines up to 3,300 dollars, and longer license restrictions. For a BAC of 0.25 or more, the penalties quadruple, with at least 20 days in jail, fines up to 4,400 dollars, and the harshest license revocation and ignition interlock requirements.

In short, the higher your BAC during a second OWI, the more severe the consequences, with punishments doubling, tripling, or even quadrupling depending on how far over the limit you are.

Harsher Penalties for a Second OWI with a Minor in the Vehicle

When someone is arrested for a second offense OWI in Wisconsin, the situation is already serious because it is prosecuted as a criminal charge, not a civil matter. If a child under the age of 16 is in the vehicle at the time of arrest, the law treats it as an aggravating factor that significantly increases the penalties. Courts view driving under the influence with a minor passenger as creating an even greater risk to public safety, which leads to harsher consequences across every category of punishment. Jail time becomes mandatory, with a minimum sentence of 10 days and the possibility of serving up to a full year. Your driver’s license will also be revoked for as long as 18 months, leaving you unable to drive except under very limited occupational license conditions. The financial impact is also severe, with fines ranging from $700 to $2,200 and a $435 “driver improvement” surcharge added on top of other court costs and fees. In addition, you will be required to install an ignition interlock device (IID) on every vehicle you own or operate for up to two years. Even if you qualify for an occupational license, you must follow an absolute sobriety standard, which means you cannot have any alcohol in your system at all while driving. These enhanced penalties are meant to send a strong message about the dangers of drinking and driving with children in the car, and they carry lasting consequences for your freedom, finances, and future opportunities.

Second OWI in Wisconsin Causing Injury or Death

In Wisconsin, a second OWI becomes far more serious if it results in injury or death. The state views repeat OWIs as a dangerous pattern, so once another person is harmed, the charge quickly escalates to a felony with severe consequences. If someone is injured, even with non-life-threatening harm, it is a Class H felony carrying up to six years in prison and fines of up to ten thousand dollars, with penalties doubled if the victim is under sixteen. If the injuries are more severe, such as permanent disability or life-threatening harm, the charge rises to a Class F felony with a maximum of twelve and a half years in prison and fines up to twenty-five thousand dollars, and the penalties increase further if a pregnant woman is involved. The most serious outcome is when a second OWI causes death, which is charged as homicide while OWI, a Class C felony punishable by up to forty years in prison and fines of up to one hundred thousand dollars, with harsher penalties again if a pregnant woman is involved. In short, a second OWI in Wisconsin that causes injury, great bodily harm, or death is not just a driving offense but a serious felony that can carry years or even decades in prison along with heavy financial penalties.

Second Offense Out of State OWI

If you hold an out-of-state driver’s license and are convicted of a second-offense OWI in Wisconsin, you can face penalties in both states. Wisconsin will issue its own criminal consequences, which may include jail time, fines, ignition interlock installation, and license revocation.

Because most states share OWI conviction data through national reporting systems, your home state will likely be notified and impose its own sanctions, such as additional suspension, ignition interlock requirements, or mandatory education programs.

Out-of-state drivers should understand that two separate processes are involved. The criminal case handles the court conviction and sentencing, while the administrative process deals with license suspension or revocation.

All states also have implied consent laws, meaning that by driving on public roads, you agree to take a chemical test if suspected of impairment. Refusing a breath or blood test can immediately trigger license revocation and ignition interlock requirements in Wisconsin, along with similar penalties in your home state.

Second OWI Under 21 In Wisconsin

A second OWI under 21 in Wisconsin is treated with extreme seriousness because it shows a repeat pattern of dangerous behavior at an age where drinking is already illegal. Unlike a first offense, which might be viewed as a one-time mistake, a second offense is a criminal conviction that brings mandatory jail time, heavy fines, and long-term restrictions. Penalties include 5 days to 6 months in jail, fines of $350 to $1,100 or more, and a license revocation of 12 to 18 months with an absolute sobriety limit of 0.02% BAC. Offenders must also install an Ignition Interlock Device (IID) for at least one year, complete an Alcohol and Other Drug Assessment (AODA), and may be ordered to attend a Victim Impact Panel. If the driver’s BAC is 0.15% or higher, or if a minor is in the car, the punishments increase even further.

The financial impact is steep, with reinstatement fees, surcharges, insurance hikes, and IID costs adding to the burden. Most importantly, a second OWI under 21 creates a permanent criminal record that cannot be erased. This record follows offenders into adulthood, affecting college opportunities, career paths, and even international travel. Because of its seriousness and lifelong consequences, a second OWI under 21 is one of the most damaging mistakes a young driver can make.  Additionally, many Wisconsin colleges and universities have conduct codes that treat a second OWI as grounds for suspension or expulsion.

Second OWI for CDL Drivers in Wisconsin

For CDL drivers facing a second OWI in Wisconsin, the first and most important step is to speak with an attorney right away. Challenging the administrative suspension of your license at the DMV hearing is absolutely crucial, and you only have 10 days from the date of your arrest to request it. If you miss that deadline, your driving privileges, both commercial and personal, will be suspended automatically before your criminal case is even decided. Challenging both the license suspension and the OWI charge is the only way to protect your CDL and save your career.

A second OWI often marks the end of a driving career. A first conviction already results in a one-year disqualification, but a second offense brings permanent consequences. Under both state and federal law, a second OWI results in a lifetime CDL disqualification. Once this penalty is imposed, you lose the legal right to drive any commercial vehicle forever, whether the offense happened in your personal car or while operating a truck.

The BAC limits remain the same: 0.04 percent when operating a commercial vehicle and 0.08 percent when driving a personal vehicle. Even if the second offense occurs in a non-commercial vehicle, the CDL lifetime ban still applies automatically. If hazardous materials were being transported, the penalty does not increase because the disqualification is already permanent.

In addition to the CDL consequences, a second OWI conviction also brings the standard penalties that non-commercial drivers face:

• • Mandatory jail time of at least 5 days and up to 6 months
• • Fines ranging from $350 to $1,100 or more
• • Driver’s license revocation for 12 to 18 months, sometimes longer with aggravating factors
• • Ignition Interlock Device (IID) requirement for at least one year after license reinstatement
• • Alcohol and Other Drug Assessment (AODA) and compliance with any required treatment or driver safety plan

For CDL drivers, the professional impact is even harsher than the criminal penalties. A lifetime CDL disqualification almost always means the loss of a job, and future employment in the trucking industry becomes impossible. Trucking companies cannot hire drivers who are not legally licensed to operate commercial vehicles, and insurers will not provide coverage.

Because these consequences are permanent and leave no room for reinstatement, challenging both the license suspension and the OWI charge is the only real chance to protect your livelihood.

The Value of Fighting Your License Suspension After a Second OWI

For a second OWI in Wisconsin, you only have ten days to fight the license suspension, and this step is one of the most valuable parts of your defense. The hearing is not just about keeping your license, though that alone can help you keep working, driving, and maintaining your daily life. It also gives your attorney the chance to cross-examine the police and review whether they followed proper procedures during the stop, arrest, and testing. If the officer made mistakes, mishandled the breath or blood test, or failed to inform you of your rights, those errors can be challenged and sometimes thrown out. This process often reveals cracks in the state’s case that can later be used in court to push for a reduction, dismissal, or even an acquittal. In short, challenging the suspension both protects your ability to drive and helps build a stronger defense from the very start.

Potential Motions and Defenses to Beat OWI Charges

There are hundreds of ways to successfully fight an OWI charge and win. Police officers must follow strict procedures during a stop, arrest, and chemical testing, and when they make mistakes, it can create strong defenses that may result in your case being dismissed, reduced, or acquitted.

An attorney can challenge the legality of the traffic stop, the probable cause for the arrest, or any errors made during testing. Breath, blood, and field sobriety tests are not foolproof and can be affected by human error, faulty equipment, or improper handling.

In many cases, your attorney may file a motion, which is a formal request asking the judge to take action, often to exclude evidence obtained through unlawful or improper procedures. When successful, these motions can weaken or even collapse the prosecution’s case.

Even when the odds seem stacked against you, an experienced OWI defense attorney can uncover the mistakes that make all the difference. Below are just a few examples of motions that may be used to challenge or exclude evidence in an OWI case.

Motion to Suppress for an Unlawful Stop

This motion challenges whether the officer had the legal right to pull you over in the first place. Police must have “reasonable suspicion” to make a stop, which means more than just a guess or a hunch. For example, brief weaving within your own lane or driving slightly under the speed limit may not be enough to justify a stop. If the judge rules that the stop was unlawful, everything that happened afterward such as field sobriety tests, breath or blood tests, and even statements you made can be excluded. Without this evidence, the OWI charge often collapses.

Motion to Suppress for an Unlawful Arrest

This motion focuses on whether the officer had enough evidence, called “probable cause,” to place you under arrest. Probable cause is stronger than suspicion and requires clear signs that you were both impaired and operating a vehicle. For instance, if someone passes all field sobriety tests but is still arrested, the officer may not have had probable cause. If the judge agrees, any evidence gathered after the arrest, especially chemical test results, can be excluded, which often leads to dismissal of the case.

Motion to Suppress Chemical Test Results

Another common motion challenges the reliability of blood alcohol concentration (BAC) testing. Both breath and blood tests must be done according to strict procedures to be valid. Machines can malfunction, and human mistakes such as skipping the required 20-minute observation period before a breath test or mishandling a blood sample can make results unreliable. If the test results are excluded, the prosecution loses its strongest evidence of intoxication, which may lead to reduced charges or dismissal.

Motion to Dismiss for Lack of Evidence of Operation

This motion questions whether the state can actually prove that you were driving. To convict someone of OWI, prosecutors must show that the person was operating the vehicle while impaired. Simply being in a car is not enough. For example, if someone is found asleep in a parked vehicle and there is no proof, they had been driving, the state may not be able to prove operation. If the judge rules in your favor, the case can be dismissed because an essential part of the charge is missing.

Example OWI Second Offense Case Wins

Second Offense OWI — Invalid Stop

Late one night, a client was pulled over without any clear reason, and what began as a simple drive home quickly turned into a second OWI charge that could have jeopardized their career and remained on their record for life. After reviewing the case, the defense team discovered that the officer’s justification for the stop did not meet the legal standard of reasonable suspicion. A motion to suppress was filed, arguing that all evidence collected after the unlawful stop should be excluded from the proceedings. The judge agreed and granted the motion, and with the evidence suppressed, the case was dismissed.

Second Offense OWI with Collateral Attack on Prior Conviction

A client was charged with a second offense OWI based on a prior conviction from another state. After a thorough review, the defense identified legal issues with the validity of the prior conviction and filed a collateral attack challenging its use in the current case. Following negotiations and a detailed presentation of the defense’s argument, the prosecutor agreed to reduce the charge from a second offense to a first offense.

OWI & PAC, Second Offense

A client was charged with a second-offense OWI and prohibited alcohol concentration (PAC) after being stopped on suspicion of impaired driving. Facing the possibility of jail time and a permanent criminal record, the situation appeared serious. However, the defense team uncovered that the client’s behavior was the result of an unexpected reaction to a prescribed medication, not alcohol or intentional intoxication. Arguing involuntary intoxication, the defense presented medical evidence and expert testimony showing that the medication had impaired the client’s faculties without their knowledge. After reviewing the facts, the jury returned a Not Guilty verdict, clearing the client of all charges.

Second Offense OWI — Invalid Stop

The client was charged with a second OWI after being stopped by police late at night. Upon reviewing the case, the defense discovered that the officer did not have a valid legal reason to initiate the traffic stop. A motion to suppress was filed, arguing that all evidence gathered after the unlawful stop should be excluded. After hearing the arguments, the judge agreed and ruled in the defense’s favor. With the evidence suppressed, the case was dismissed, giving the client the opportunity to move forward without a conviction.

Potential Alternatives to a Second-Offense OWI Conviction in Wisconsin

The most frequent alternative outcome is a reduction to a lesser charge, such as reckless driving, particularly when evidence issues or mitigating factors exist. Although options are limited for a second-offense OWI in Wisconsin, there are still situations where an attorney may pursue alternatives or charge reductions to lessen the long-term impact.

In select jurisdictions, OWI Treatment Court may be available for repeat offenders who demonstrate a genuine commitment to recovery. While participation does not erase a conviction, it can reduce jail time, focus on rehabilitation, and provide ongoing support through treatment and monitoring. Because a second OWI is a criminal misdemeanor with mandatory jail time and fines, traditional diversion programs such as Deferred Prosecution Agreements or Treatment Court are not always available. However, depending on the county, the circumstances of the case, and the prosecutor’s discretion, several alternatives may still apply.

Common alternatives and sentencing conditions can include work release programs that allow individuals to maintain employment while serving their jail sentence, and electronic monitoring or house arrest that permits part or all of the sentence to be served at home under supervision. In some parts of Wisconsin, 24/7 sobriety programs may also be available, requiring twice-daily breath tests or continuous alcohol monitoring with a bracelet to verify compliance.

These alternatives are not guaranteed and vary by county, but in the right circumstances, they can substantially reduce both the penalties and the long-term consequences of a second-offense OWI conviction.

FAQS

Is a Second OWI a Felony in Wisconsin?

A second OWI in Wisconsin is usually a misdemeanor. If your BAC is 0.15% or higher, the penalties are harsher. When a second OWI causes injury, great bodily harm, or death, it becomes a felony.

Can I Get an Occupational License for a Second Offense OWI in Wisconsin?
If you get a second OWI in Wisconsin, you cannot apply for an occupational license right away. You first have to serve a 45-day waiting period starting from the date your revocation begins.

After that, you can apply for an occupational license, which lets you drive for up to 12 hours a day and no more than 60 hours a week. You can only use it for essential needs like getting to work, school, or medical appointments.

When it comes to alcohol rules, things are much stricter. With a second OWI, you will have an ignition interlock device (IID) on your car, and while using it your legal blood alcohol limit is 0.02%. That is basically zero tolerance since even one drink can put you over the limit. Some judges may also order absolute sobriety, which means a strict 0.00% limit.

There are some situations that make you wait longer. If you refuse the breath or blood test, you will have to wait 90 days before applying (and up to 1 year if you had more OWIs within the last 5 years). If you injured someone, the wait is at least 60 days (and again, up to 1 year if it is not your first OWI causing injury). If you had a child under 16 in the car, the 45-day wait stays the same, but the license revocation and ignition interlock period get much longer.

What Are the Most Common Plea Bargains for a Second-Offense OWI in Wisconsin?
One of the most common is a reduction to a non-alcohol-related traffic offense, such as reckless driving, inattentive driving, or operating without due care.

Can a Prior Out-of-State Conviction Count Toward a Second OWI in Wisconsin?
Yes, an OWI (Operating While Intoxicated) conviction from another state can be used to enhance a new OWI charge in Wisconsin, counting as a prior offense for sentencing and penalty purposes. Although Wisconsin is one of the few states that does not participate in the Interstate Driver’s License Compact, it can still receive information about out-of-state convictions. Most states share reports of major traffic violations with a driver’s home state, meaning an offense committed elsewhere can still impact your Wisconsin driving record.

However, your attorney may be able to challenge that prior conviction through what’s called a collateral attack. This is a legal process that questions whether your rights were properly protected during the original case.

Investing in an OWI Lawyer Who Can Beat Your Second-Offense Case

Proven Success Defending Second-Offense OWI Charges in Wisconsin

Tracey Wood & Associates has one of the strongest track records in Wisconsin for achieving the best possible outcomes in second-offense OWI cases. A second-offense OWI is far more serious than a first. It is a criminal charge that carries mandatory jail time, steep fines, and a permanent mark on your record. The attorney you choose will directly impact your future.

Public defenders and low-cost attorneys often carry heavy caseloads or push quick plea deals, leaving clients with lifelong criminal records. In contrast, an experienced OWI defense team knows how to uncover weaknesses in the state’s case by challenging the legality of the stop, the accuracy of chemical testing, or the validity of a prior conviction. These strategic challenges can make a significant difference in the outcome of your case.

This is not the time to take chances. Hiring a proven defense team with a history of success in second-offense OWI cases is an investment in your freedom, your record, and your future opportunities. You only get one chance to fight this charge, so make sure the attorney beside you knows how to win.

Schedule a Free Legal Consultation

A second-offense OWI conviction can lead to jail time, loss of your driver’s license, mandatory ignition interlock installation on every vehicle you own, higher insurance premiums, and a permanent criminal record. The sooner you act, the more options you have to protect yourself.

Schedule a free legal consultation today to discuss your case and explore your defense options. Consultations typically last 30 to 60 minutes and can be done in person, by phone, or online. You will have the opportunity to ask questions, have your case reviewed, and begin building a strong defense strategy with one of Wisconsin’s most accomplished OWI defense teams.

You have only 10 days from your arrest to challenge the suspension of your driver’s license. Submit your contact information below to get started immediately.