A person must be at least 21 years of age to legally drink in the state of Wisconsin.
legal limits - blood alcohol content
21 Years Plus, No Prior Convictions
Under Wisconsin law, a person who is at least 21 years of age, and has absolutely no prior drunk driving convictions or refusals on his or her record, is prohibited from driving any motorized vehicle while under the influence of any type of intoxicant (such as beer, wine), controlled substance (such as marijuana) or prescription drugs or a Blood Alcohol Concentration (BAC) level of 0.08 or greater.
with prior convictions
For drivers with three previous OWI convictions, the limit is lower: they are not allowed to operate a motor vehicle if their blood alcohol content is greater than 0.02.
Under 21 Years Of Age
The legal drinking age in Wisconsin is 21 years of age, so any person who is under 21 years of age and is stopped by police and determined to have any trace of alcohol will be charged with a drunk driving offense (operating while under the influence) under the zero tolerance laws.
Laws
First Drunk Driving Offense (1st OWI)
Under Wisconsin law, a first drunk driving conviction is not a crime, rather it is a civil infraction. Even so, a first OWI may result in fines ranging from $150 to $300 plus $355 surcharge with a suspension or revocation of the person's driver's license ranging between 6 months and 9 months. An occupational license is usually immediately available unless the driver possesses a CDL - Commercial Driver's License.
Second - Third - Fourth Drunk Driving Offenses
Under Wisconsin law, a second, third, or fourth drunk driving conviction is a misdemeanor. As the number of drunk driving convictions increases, the penalties increase accordingly, with fines ranging between $600 and $10,000 plus a $355 surcharge, and possible jail time beginning at 6 months.
Fifth Drunk Driving
Under Wisconsin law, a fifth or subsequent drunk driving conviction is a felony offense. A 5th drunk driving conviction (and subsequent convictions) requires mandatory jail time and fines.
Injury or Vehicular Homicide
Drunk Driving charges can be much more severe if the person is in an accident and causes an injury, causes great bodily harm, or commits vehicular homicide. Fines can reach up to $100,000 and a possible jail term of 25 years.
Test Refusal
If you refuse to submit to a test to determine if you are legally drunk, your license will be suspended. You have 10 days in which to act to save your driving privileges. For more information, please refer to refusing a test.
Wisconsin Drunk Driving Defense Attorneys
Attorney Tracey A. Wood has earned the recognition as Wisconsin's authority on drunk driving laws and defenses. For decades, she has represented more than 2,000 people charged with drunk driving in the state of Wisconsin against every type of charge and at all levels (first through fifth and beyond). Attorney Wood wrote the book on challenging prior under the influence convictions, and contributed Wisconsin laws and defense strategies to DUI Defense (DUI books). She is the president of the Wisconsin Association of Criminal Defense Lawyers, and the first attorney ever to be appointed to the Board of Regents for the National College for DUI Defense.
Attorney Tracey A. Wood has handled numerous drunk driving cases in the recent past. The ones that stand out at this moment involve an appeal for a refusal conviction to the Wisconsin Court of Appeal and a appeal on a 4th drunk driving offense resulting in the conviction being overturned. You can read a summary of both of these cases, as well as many others, in the Legal News & Headlines section.
Contact Us
Free Initial Consultation
Van Wagner & Wood offers an initial brief, but very professional "first-impression" analysis to anyone who has been charged with a drunk driving offense or previously convicted and believes the conviction to be wrong or the sentence unduly harsh. To arrange your consultation or speak with an attorney right away, please call the law firm of Van Wagner & Wood.
Madison: 608-284-1200 wisconsin: 1-866-262-4599
You can use the form to the right to request a callback, or submit the online drunk driving form, and request a callback or reply email.
Appeals & Serious Crimes - Homicide - Murder - State -
Federal
Van Wagner & Wood's criminal defense attorneys represent
people in state criminal appeals cases throughout Wisconsin and federal crimial
appeals cases nationwide at both intermediary court (Court of Appeals or Appellate
Court) and the Supreme Court level. Van Wagner & Wood is one of few firms
in Wisconsin that can and will handle Federal appeals.
Van Wagner & Wood also represents people in post conviction
motions and post conviction relief remedies.
Drug Crimes
Van Wagner & Wood's criminal defense attorneys represent
people charged with drug related crimes, in both Federal and state cases. Those
attorneys most frequently represent people charged in the state of Wisconsin.
Federal Drug Charges: Van Wagner & Wood criminal defense
attornes routinely handle drug and other cases charged by a Federal agency.
State Drug Charges: Van Wagner & Wood's criminal defense
attorneys routinely handle drug related criminal cases for people residing in
Wisconsin, and most frequently residing in the following areas: Adams County,
WI (Adams, Wisconsin Dells), Ashland County, WI (Ashland), Barron County, WI
(Barron), Bayfield County, WI (Washburn, Bayfield), Buffalo County, WI (Buffalo
City, Mondovi), Burnett County, WI (Siren), Chippewa County, WI (Chippewa Falls),
Clark County, WI (Abbotsford), Columbia County, WI (Columbus, Wisconsin Dells),
Crawford County, WI (Prairie du Chien), Dane County, WI (Belleville, Black Earth,
Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield,
DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton,
Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie,
Verona, Waunakee, Windsor), Dunn County, WI (Menomonie), Eau Claire County,
WI (Abbotsford, Eau Claire), Grant County, WI (Mount Hope, Lancaster, Fennimore),
Green County, WI (Monroe), Iowa County, WI (Mineral Point, Dodgeville), Jackson
County, WI (Black River Falls), Jefferson County, WI (Jefferson), Juneau County,
WI (Mauston), La Crosse County, WI (LaCrosse, Lafayette, Darlington), Marathon
County, WI (Wausau), Monroe County, WI (Sparta), Pepin County, WI (Durand),
Pierce County, WI (River Falls), Polk County, WI (St Croix Falls), Portage County,
WI (Stevens Point), Price County, WI (Park Falls), Richland County, WI (Richland
Center), Rock County, WI (Janesville), Rusk (Ladysmith), St Croix County, WI
(Hudson), Sauk County, WI (Sauk City, Wisconsin Dells), Taylor County, WI (Medford),
Trempealeau County, WI (Whitehall), Washburn County, WI (Spooner), and Wood
County, WI (Wisconsin Dells).
Drunk Driving (OWI, DUI, DWI)
Wisconsin's foremost authority on drunk driving laws, Attorney
Tracey Wood, consults with lawyers and law firms throughout the United States
to help them build successful strategies for very complex cases. In Wisconsin,
Attorney Wood most frequently represents people charged in the following areas:
Madison (Dane County), Richland Center (Richland County), La Crosse (La Crosse
County), Jefferson (Jefferson County), Wisconsin Dells (Columbia County and
Sauk County), Stevens Point (Portage County), Dodgeville and Mineral Point (Iowa
County), Portage (Columbia County) and Montello (Marquette County).
Federal Crimes
Van Wagner & Wood's criminal defense attorneys handle Federal
cases throughout the state of Wisconsin and Federal appeals cases throughout
the nation. The attorneys at Van Wagner & Wood have handled Federal cases
for more than twenty years, cases and appeals ranging from Federal conspiracy,
drug charges of possession, intent to deliver, sell, distribute controlled substance,
securities fraud, mail fraud, wire fraud, domestic terrorism, Internet crimes
money laundering, to kidnapping.
The criminal defense attorneys at Van Wagner & Wood represent
people charged with Felony Murder, Homicide, Negligent Homicide, Reckless Homicide,
Vehicular Homicide, Reckless Endangerment, First-degree Intentional Homicide,
and Second-degree Intentional Homicide. Those attorneys most frequently represent
people accused or charged in the state of Wisconsin. Often times, they are called
upon by a client residing outside of the state of Wisconsin, which they represent
in very serious crimes such as Felony Murder or Homicide. Van Wagner & Wood
have handled cases for clients in Kansas, Oklahoma, California, New Jersey,
Minnesota, and Illinois.
Van Wagner & Wood's criminal law defense lawyers frequently appear in Wisconsin Circuit Courts in Madison, Wisconsin for Dane County; Chippewa Falls, Wisconsin for Chippewa County Circuit Court; Menomonie, Wisconsin for Dunn County Circuit Court; Eau Claire, Wisconsin for Eau Claire Circuit Court; Lancaster, Wisconsin for Grant County Circuit Court; Monroe, Wisconsin for Green County Circuit Court; Mauston, Wisconsin for Juneau County Circuit Court; La Crosse, Wisconsin for LaCrosse County Circuit Court; Wausau, Wisconsin for Marathon County Circuit Court; Sparta, Wisconsin for Monroe County Circuit Court; Stevens Point, Wisconsin for Portage County Circuit Court; Janesville, Wisconsin at Rock County Circuit Court; Baraboo, Wisconsin at Sauk County Circuit Court; Wisconsin Dells at Columbia County Circuit Court; Wisconsin Rapids at Wood County Circuit Court; Waukesha, Wisconsin at Waukesha County Circuit Court; Elkhorn, Wisconsin at Walworth County Circuit Court. They also appear at Oneida Circuit Court in Rhinelander, Wisconsin; Langlade Circuit Court at Antigo, Wisconsin.
If your case is in another area of Wisconsin, please contact an attorney at Van Wagner & Wood to discuss it.
