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Wisconsin OWI penalties breakdown: every component, line by line

Our Wisconsin DUI costs page gives the state overview. This page does the narrower job: Wisconsin is the only state in this series where a first OWI is a civil forfeiture rather than a crime, so this page prices each component of § 346.65 for the first offence and the criminal second, the $435 surcharge in § 346.655, the assessment and interlock conditions, and the refusal revocation — with no added-up total.

A civil first offence: § 346.65(2)(am)1 sets a forfeiture, not a fine

A first OWI under §§ 346.63(1) and 346.65(2)(am)1 is a civil violation: the court imposes a forfeiture of $150 to $300, with no jail exposure at all, and revokes the operating privilege for six to nine months under § 343.30(1q). On top of the forfeiture, § 346.655 imposes a mandatory driver improvement surcharge of $435 on every OWI judgment — the single largest fixed state charge in the first-offence column, and one that applies whatever forfeiture the court selects. Every first offender must also complete an alcohol and drug assessment (AODA) and comply with the driver safety plan that comes out of it; the assessment and any education or treatment in the plan are billed by the approved provider, not priced in the statutes. An occupational license is available immediately on a first offence where there was no refusal.

Two facts convert the civil first offence into a criminal one: a minor passenger under sixteen, which raises the penalty to a fine of $350 to $1,100 and five days to six months in jail, and a concentration of 0.15 or higher, which does not change the forfeiture but triggers a mandatory ignition interlock order (or a 24/7 sobriety programme) for one year under § 343.301. A second offence within ten years is a criminal misdemeanour: a fine of $350 to $1,100 plus the same $435 surcharge, five days to six months in jail, and a revocation of twelve to eighteen months plus the confinement length. Wisconsin counts priors under § 343.307 across long windows, so the ten-year question decides which side of the civil–criminal line a case falls on.

Refusal, the occupational license, and reinstatement

Refusing a chemical test under § 343.305 is a separate violation with its own revocation: one year for a first refusal, longer for later refusals, and a refusal also removes the immediate occupational-license eligibility that a first offender otherwise enjoys. The occupational license — limited hours for work, school and the assessment programme — is the bridge most first offenders use, and where an interlock order applies it conditions the occupational license as well as full reinstatement. Our refusal page and hardship license page cover those two routes in detail.

Reinstatement after the revocation requires the revocation period to have run, the assessment and driver safety plan to be in compliance, any interlock order to be satisfied, and payment of the Department of Transportation's reinstatement fee under its published fee schedule, together with a new license issuance where the physical license expired during the revocation. Because the DOT schedule prices reinstatement by transaction type rather than as a DUI-specific tariff, this page identifies the fee as a schedule item rather than printing a DUI-only figure. Our reinstatement page explains how Wisconsin's approach compares with the flat DUI reinstatement fees other states publish.

Sources: Wisconsin Statutes §§ 346.63, 346.65, 346.655, 343.30, 343.301, 343.305, 343.307; Wisconsin Department of Transportation OWI penalty chart and reinstatement schedule. Last verified: October 2026.

What this state does not publish as a single figure

Wisconsin court costs attach to the forfeiture judgment under the general costs statutes and differ between municipal and circuit court, and the AODA assessment and driver safety plan charges are set by the county-approved provider — which is why this page prints the § 346.65 forfeiture and fine ranges and the fixed $435 surcharge in § 346.655, and describes assessment, plan and interlock charges as requirements instead of pricing them as state charges. The interlock is leased from a state-approved vendor at the vendor's rates for the ordered year.

There is no published Wisconsin figure for the effect of an OWI on the price of insuring a car, and none is estimated here. Third and later offences climb a felony ladder with prison exposure under § 346.65, and are identified by tier in the text rather than blended into the first- and second-offence figures above.

Common questions

Why is a first Wisconsin OWI not a criminal offence?

Because § 346.65(2)(am)1 makes it a civil violation punishable by a forfeiture of $150–$300 — unless a minor under sixteen was in the vehicle, which makes even a first offence criminal.

What is the $435 charge that appears on every judgment?

The driver improvement surcharge under § 346.655. It is mandatory on every OWI judgment and is larger than the minimum first-offence forfeiture itself.

When is the interlock mandatory on a first offence?

Where the concentration was 0.15 or higher: § 343.301 requires one year of interlock, or participation in a 24/7 sobriety programme, and it conditions any occupational license as well.

Sources: Wisconsin Statutes §§ 346.63, 346.65, 346.655, 343.30, 343.301, 343.305, 343.307; Wisconsin Department of Transportation OWI penalty chart and reinstatement schedule. Last verified: October 2026. This page is educational information about costs only — not legal advice. Laws and fees change; confirm current figures with your court and your state's driver-licensing agency.