Wisconsin OWI Second Offense Penalties

Being arrested for a second OWI offense brings up plenty of emotions and questions. You’re probably scared and wondering what happens next. At Tracey Wood & Associates, we educate our clients with information that empowers them to fight their charges. If you’re facing OWI charges for a second offense, we are here to support you with knowledge and answers.

You Can Save Your License and Create a Defense (You Only Have 10 Days)
There is a way to prevent your license from being suspended. Your attorney can file an administrative review hearing.  This is a hearing where you can challenge the validity of the OWI arrest and demand that your license be returned.  At this hearing, you attorney can subpoena the police officers that arrested you and uncover the good and bad evidence that exists in your OWI arrest.

What Kind of Charge is a Second OWI Offense?
A second OWI offense is classified as a misdemeanor in Wisconsin.

Does a Second OWI Offense Involve Jail Time?
Yes, second offense OWIs include a mandatory minimum jail sentence of at least five days and up to six months.

What Are the Punishments for a Second OWI Conviction?
In addition to mandatory jail time, a second offense OWI conviction includes a minimum $350 fine up to a maximum $1,100 fine. It also mandates a minimum license suspension of at least one year with a maximum suspension of up to 18 months.

Can I Apply for an Occupational License?
For second offense OWIs, most people will be eligible to apply for an occupational license after 45 days.

Will I Be Required to Have an Ignition Interlock Device Installed in My Vehicle?
Second offense OWIs typically require the installation of an ignition interlock device for some time.

Will I BeRequired to Complete an Alcohol and Other Drug Assessment (AODA)?
Yes, second offense OWI convictions will require an AODA. Any recommended treatment from the AODA must be completed within a year. Costs to complete an AODA vary across the state, but they are generally $250 or more. The AODA and any required treatment must be completed in your home county. If you live out of state, you must complete a similar assessment and treatment plan in your state.

Can I Refuse to Take a Breath Test, Blood Test, or Field Sobriety Test?
You can refuse a field sobriety test without facing legal consequences. However, you may face consequences if you refuse a breath test or blood test.

How Long Does an OWI Stay onMy Record?
OWI charges can remain on your permanent, public record forever. However, there are potential ways to get your charges sealed or expunged.

Will I Be Required to Participate in the 24-7 Sobriety Program?
This program is usually limited to people with multiple drunk driving-related convictions. It is possible you will be required to participate if this is your second OWI offense. The program requires total abstinence and daily testing for drug and alcohol use.

Can I Be Fired For an OWI?
Yes, your employer could potentiallylet you go for an OWI, but there are ways to fight your charges before that happens.

What Are Some Possible OWI Defense Strategies?
There are many ways to fight your charges. A good lawyer will discuss these with you to plan the best defense. Some typically OWI defenses include:

  • •Proving the police made an improper stop.
  • •Demonstrating the blood or breath tests were flawed.
  • •Proving the police failed to read your Miranda rights.
  • •Providing evidence that the police acted improperly in some way.
  • •Proving your BAC rose only after your arrest.


There is Hope

Being charged with an OWI does not mean you’ll be convicted. At Tracey Wood & Associates, we know that facing these charges can be stressful. We are here to support our clients with knowledge, information, and a strong defense. We want our clients to have hope because we don’t give up. Contact us today for a free, no-obligation consultation to discuss your case.


Call (608) 490-5779 or Schedule a Free Case Evaluation Online

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