A second OWI in Wisconsin is far more serious than the first. While most first offenses are civil forfeitures, a second OWI within 10 years is a criminal misdemeanor that carries mandatory jail time, a longer license revocation, and an ignition interlock requirement. A conviction also creates a criminal record and counts toward even harsher penalties if you’re ever charged again.
At Schiro Criminal Defense, Milwaukee criminal defense attorney John Schiro brings more than 40 years of legal experience to clients facing serious charges, including repeat OWI offenses. We take the time to listen, review every detail of your arrest, and build a defense designed to protect your freedom, your license, and your future. Contact Schiro Criminal Defense at (414) 277-9696 to discuss your case.
Understanding Wisconsin’s Second Offense OWI Laws
Many people call it a DUI or DWI, but Wisconsin law uses the term OWI.
Wisconsin law prohibits driving or operating a motor vehicle while under the influence of alcohol or drugs, with a prohibited alcohol concentration, or with a detectable amount of a restricted controlled substance in the blood. The alcohol concentration limit is generally 0.08 for most adult drivers, but lower limits apply in some circumstances.
Whether your case is charged as a second offense depends on your prior record. Wisconsin counts prior OWI convictions, chemical test refusals, and certain out-of-state offenses. The time between offenses is measured from violation date to violation date.
If your prior offense was within the last 10 years, your second OWI is a criminal misdemeanor.
If your prior offense was more than 10 years ago and you have no lifetime convictions for causing great bodily harm or homicide while intoxicated, your second OWI is generally penalized much like a first offense, as a civil forfeiture.
Because the counting rules are technical, an attorney should verify your record before you accept any charge as a second offense.
Aggravating Factors
Several factors can increase penalties for a second OWI:
- A passenger under 16: For a second offense with a prior within 10 years, fines, jail time, and revocation periods are generally doubled.
- A crash causing injury: Causing injury while intoxicated with a prior OWI-related offense is a class H felony.
- Great bodily harm or death: Causing great bodily harm or death while intoxicated can lead to serious felony charges.
- Chemical test refusal: Refusing a test can bring a separate, longer license revocation and ignition interlock requirement.
What Are the Penalties for a Second OWI in Wisconsin?
A second OWI in Wisconsin can mean mandatory jail time, fines, and a lengthy loss of driving privileges. According to the Wisconsin Department of Transportation’s OWI penalty chart, a second offense with a prior OWI within 10 years generally carries:
- A fine of $350–$1,100, plus a $535 driver improvement surcharge and other applicable court costs, fees, and surcharges.
- Between 5 days and 6 months in jail.
- License revocation for 12–18 months, plus the length of the jail sentence.
- An ignition interlock restriction lasting at least one year, with the maximum period tied to the license revocation and confinement period.
- A court-approved 24/7 sobriety program may be available where authorized.
The circumstances of the arrest can affect the sentence. A high blood alcohol concentration or dangerous driving may lead to harsher sentencing within the applicable range.
Having a passenger under 16 triggers specific increases:
- The fine rises to $700–$2,200.
- The jail range becomes 10 days–12 months.
- License revocation increases to 2–3 years, plus the length of the jail sentence.
If the prior OWI occurred more than 10 years earlier, the new offense may instead carry first-offense civil penalties:
- A $150–$300 forfeiture
- The surcharge
- A 6–9 month license revocation
However, a second offense still requires an ignition interlock restriction or court approved 24/7 sobriety program for one year. Exceptions apply, including cases involving a passenger under 16 or certain prior convictions involving injury or death.
Average Jail Time for a Second DUI in Wisconsin
Wisconsin law sets the range at 5 days to 6 months for a standard second offense with a prior within 10 years, and the actual sentence depends on the county, your alcohol concentration, your record, and the facts of your case. Many Wisconsin counties use local OWI sentencing guidelines that recommend longer jail terms for higher alcohol concentrations.
In counties offering a qualifying Safe Streets program, eligible defendants may receive a modified sentence involving probation, alcohol or drug treatment, and 5–7 days of imprisonment for a second offense. This sentencing option is available only once in a person’s lifetime. Availability and eligibility must be confirmed for the county handling your case.
Courts may also allow Huber release, which lets you leave jail for work or treatment. If an ignition interlock requirement applies, Huber eligibility may depend on submitting proof of installation to the sheriff within two weeks after the relevant court order or restriction.
Driver’s License Revocation and Ignition Interlock Requirements
A second OWI with a prior within 10 years carries a 12 to 18 month license revocation, extended by any time you spend in jail. You may be able to apply for an occupational license, which allows limited driving to work or school, after 45 days. To qualify, you’ll typically need to complete an alcohol and drug assessment, comply with a driver safety plan, and show proof that ignition interlock devices are installed.
Repeat offenders must have an ignition interlock device installed on every vehicle titled or registered in their name, unless an exception applies, or participate in a court approved 24/7 sobriety program. While subject to an ignition interlock order, your prohibited alcohol concentration drops to 0.02. If you hold an occupational license as a repeat offender, you’re also subject to an absolute sobriety requirement.
Concerned about the penalties you face? Contact Schiro Criminal Defense at (414) 277-9696 to discuss your second OWI charge.
How Much Does a Second OWI Conviction Cost?
The total cost of a second OWI often goes well beyond the fine. Common costs include:
- License fees: Occupational license application fees, reinstatement fees, and other applicable DMV charges.
- Ignition interlock: Installation, monthly monitoring, and a $50 interlock surcharge.
- Assessment and treatment: The cost of the required alcohol and drug assessment and any treatment or education programs.
- Insurance: Higher premiums and proof-of-insurance filing requirements, often for several years.
- Lost income: Time missed from work for jail, court dates, and treatment, and limits on driving for work.
When combined with legal fees, the financial impact of a second OWI can be significant, which is one reason it’s important to understand your options early.
Common Defense Strategies for Second Offense OWI Charges
Every case is different, but common defense strategies include:
- Challenging the stop: Police need reasonable suspicion to stop your vehicle. Without it, evidence gathered afterward may be suppressed.
- Reviewing the arrest and testing process: We examine whether officers had probable cause to arrest you and whether they followed the legal requirements for obtaining chemical test evidence.
- Examining field sobriety tests: These tests are subjective and can be affected by weather, footwear, road conditions, and medical issues.
- Reviewing chemical test procedures: Breath tests require proper observation periods and maintained equipment, and blood draws must follow legal and scientific procedures.
- Verifying prior offenses: Errors in counting prior offenses, including out-of-state convictions or offenses outside the 10-year window, can change whether your case is charged as a criminal second offense.
- Disputing operation: The state must prove you were operating the vehicle.
These issues can lead to suppressed evidence, reduced charges, or dismissal in some cases. Get advice about the evidence and your options. Call Schiro Criminal Defense at (414) 277-9696 to discuss your case.
Is It Worth Getting a Lawyer for an OWI?
For a second OWI, legal representation is especially important when a qualifying prior offense within 10 years exposes you to criminal penalties and mandatory jail time. A conviction can also increase the penalties for future OWI offenses. An experienced lawyer can verify whether your prior offense truly counts, challenge the evidence, explore options like Safe Streets or Huber release, and help you navigate the separate administrative license process, which has short deadlines after an arrest. The difference between a criminal second offense and a lesser outcome can affect your record and freedom for years.
How Our Milwaukee Second Offense OWI Attorneys Can Help
When you’re facing a second OWI, you need a defense team that knows how these cases are handled in Milwaukee courts. At Schiro Criminal Defense, our attorneys review the police reports, video, testing records, and your prior record to identify potential weaknesses in the state’s case. We also help you understand the license consequences, including occupational license eligibility and ignition interlock requirements, so you know what to expect.
We negotiate with prosecutors when that serves your goals and prepare for trial when that’s the best path. Throughout the process, we keep you informed and help you make decisions that protect your freedom and your future.
Why Choose John Schiro As Your Milwaukee OWI Defense Lawyer?
Attorney John Schiro has more than 40 years of legal experience defending people facing serious criminal charges in Milwaukee. He’s known for being compassionate and ready to listen, taking the time to understand your goals so he can deliver a personalized defense. Schiro Criminal Defense has a proven track record and strong relationships with local judges and prosecutors.
We offer a 24-hour answering service, so you can reach us when you need help, and we provide discounts for veterans. No outcome can be guaranteed, but you deserve an experienced advocate who will fight for you.
Contact Schiro Criminal Defense at (414) 277-9696 to discuss your second OWI charge.
