Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Atty. Stephen Mays
Graduation parties, summer festivals, and holiday weekends often bring more people onto Wisconsin roads—and more alcohol-related driving risks. For drivers with a prior OWI, state law requires significantly stricter penalties for a second offense, including mandatory jail time and long-term driving restrictions.
Here’s what Wisconsin law requires—and what drivers should understand about a second OWI offense.
Mandatory Penalties
If you are convicted of a second OWI within 10 years, Wisconsin law requires:
— A minimum of five days in jail, with a maximum sentence of up to six months
— A driver’s license revocation lasting 12 to 18 months
Penalties may increase in cases involving aggravating factors, such as having a minor passenger or causing injury.
The 10-year “Look-Back” Rule
Wisconsin uses a 10-year “look-back” period to determine penalties for repeat OWI offenses.
If your prior OWI conviction occurred within the past 10 years, a second offense triggers mandatory penalties. If more than 10 years have passed, the offense may be treated similarly to a first OWI for penalty purposes.
Ignition Interlock Device Requirements
For a second OWI within 10 years, courts must require the installation of an ignition interlock device (IID) on all vehicles owned or operated by the driver.
An IID requires a breath sample before the vehicle will start. Drivers are responsible for all associated costs, including installation, monitoring, and removal. The device must typically remain installed for at least 12 months.
Occupational License Eligibility
Although a second OWI results in license revocation, many drivers may be eligible for an occupational license after a waiting period of 45 days.
An occupational license allows limited driving for essential purposes, such as:
— Traveling to and from work or school
— Attending medical appointments
— Going to a place of worship
— Completing court-ordered programs
— Handling essential household needs, such as grocery shopping
These licenses come with strict limitations, including designated hours and approved purposes. Driving outside those limits can result in additional penalties.
Your Legal Rights Still Apply
A prior OWI conviction does not determine the outcome of a new case. In Wisconsin, prosecutors must prove each charge beyond a reasonable doubt.
Drivers are also protected by the U.S. Constitution. Law enforcement must have reasonable suspicion to make a traffic stop, and evidence obtained in violation of those rights may not be admissible in court. This can include officer observations, video recordings, chemical test results, and statements made to police.
Quick Tips: Second OWI in Wisconsin
— Jail time is mandatory in most second-offense cases
— Your license will be revoked for at least one year
— An ignition interlock device is required on your vehicles
— You may qualify for limited driving privileges after 45 days
— Costs can add up quickly beyond fines and court penalties
Understanding the consequences of a second OWI can help drivers make informed decisions and avoid further legal trouble.
Atty. Stephen Mays is the owner of Mays Law Office, LLC, in Middleton, Wisconsin, focusing on criminal and traffic defense, including OWI. He is a former Dane County prosecutor and frequent lecturer on intoxicated driving cases.
Know Your Legal Rights is sponsored by the State Bar’s Lawyer Referral Service, which connects Wisconsin residents with attorneys throughout the state. To find an attorney, visit wislaw.org.
This article provides general information about Wisconsin law and is not legal advice. For advice about your specific situation, consult an attorney.
