DUI.lawDUI.law

The criminal case

DUI penalties in Wisconsin

The offense, qualifying priors and statutory conditions matter—not just an arrest count.

DUI penalties in Wisconsin depend on the charged offense and its statutory conditions. Prior convictions, their dates, and aggravating factors may change the applicable rule. An arrest count alone does not establish the offense tier, and a minimum sentence is not the complete sentencing range. The cited rules below are not predictions of a particular case’s outcome.

The lookback period

How far back priors count
Not published yet. We show a figure only once it has been confirmed against the official source and dated.This varies widely between states — from a few years to a lifetime — so it is not safe to assume a national figure.

Penalty rules by offense number

First offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Second offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Third offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Driving privileges, ignition interlock and insurance requirements need separate review under their own rules. A commercial-driving restriction may have different triggers from a restriction on an ordinary licence. No consequence is assumed merely because it appears in this list.

Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Administrative suspension: within 10 days after notification. If notification is mailed, within 13 days after mailing, excluding Saturdays, Sundays and holidays.
  • The 10-day administrative-review period runs from notification, not arrest; the statute provides the separate mailed-notice calculation stated above.
  • For a test-refusal revocation, the separate court-hearing request must be received within 10 days after service of the notice of intent to revoke. The administrative-review mailing extension is not stated for this refusal hearing.
Verified Wis. Stat. § 343.305Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.