First Offense OWI in Wisconsin
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Understanding a First Offense OWI in Wisconsin
Being cited for Operating While Intoxicated (OWI) in Wisconsin can be confusing and intimidating. A first offense may not be a crime, but it can still derail your license, finances, and record.
At Chirafisi Anderson, S.C., our attorneys have helped hundreds of first-time OWI clients across Southern and Central Wisconsin — including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge and Green Counties — protect their rights and move forward.
Learn more about our Wisconsin OWI defense practice.
Statutory Definition of a First Offense OWI
Wisconsin is the only state that treats a first OWI as a civil forfeiture rather than a criminal charge. That distinction helps—but the consequences are still serious.
Under Wisconsin law, Operating While Intoxicated is defined in Wis. Stat. § 346.63(1)(a). A person may be cited if they operate a motor vehicle while under the influence of an intoxicant to a degree that renders them incapable of safely driving.
Key Points to Know About a 1st OWI
- A first OWI is civil, not criminal.
- No jail time applies unless aggravating factors exist (injury, death, or a minor passenger)
- A conviction stays on your record for life and counts toward any future OWI.
* If your case involves a minor passenger, injury, or death, different charges and penalties may apply.
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What the State Must Prove in an OWI 1st Case
Under Wisconsin law, the prosecutor must prove the following two elements:
1. Operation of a motor vehicle on a public roadway: The State must show that you were operating a motor vehicle on a public highway – any road or parking lot open for public use. “Operating” can include more than just driving – for example, sitting in the driver’s seat with the engine running may be considered operation.
2. You were under the influence of an intoxicant at the time of operation. The prosecutor must prove that you were under the influence of alcohol or drugs to a degree that impaired your ability to drive safely. This focuses on your actual condition and behavior, not just your blood alcohol concentration.
These elements are drawn from the Wisconsin Criminal Jury Instructions applicable to Operating While Intoxicated offenses. For the precise language used by Wisconsin courts, see Wisconsin Criminal Jury Instruction – OWI (Wis JI–Criminal 2663).
Burden of Proof & Companion PAC Citation
Because this is a civil offense, the burden of proof is clear, satisfactory, and convincing evidence, not “beyond a reasonable doubt.”
A companion citation may allege Prohibited Alcohol Concentration (PAC) under Wis. Stat. § 346.63(1)(b) if your BAC exceeded .08, which is separate from an OWI charge. Learn more about how Prohibited Alcohol Concentration (PAC) charges differ from OWI and how they are defended.
Penalties for a First Offense OWI in Wisconsin
|
Penalty |
Details |
|---|---|
|
Fine + Costs |
Base fine $150-$300; total ≈ $800–$1,200 with surcharges. |
|
License Revocation |
6–9 months; occupational license possible immediately if no refusal. |
|
Ignition Interlock Device (IID) |
Required 12 months if BAC ≥ 0.15 or second lifetime OWI. |
|
AODA Assessment |
Mandatory evaluation + completion of any recommended treatment. |
Even though a first offense is civil, the penalties are serious and carry long-term consequences.
Learn more about Wisconsin ignition interlock device requirements.
Collateral consequences of a 1st OWI conviction
- Substantial increase in insurance premiums.
- Employment issues, especially for jobs requiring driving.
- Impact on travel, including possible restrictions on entering Canada.
- Future OWI charges will count this first offense as a prior, increasing penalties dramatically.
Commercial drivers (CDL) face different rules and consequences. Learn more about OWI and CDLs.
For a full breakdown of how sentencing works, see our Wisconsin OWI Sentencing Guidelines page.
What to Do Immediately After an OWI Arrest
1. Contact an OWI Attorney Right Away. Early representation helps preserve your license and potential evidence in your case.
2. Request a DMV Administrative Hearing or Refusal Hearing (within 10 days). Missing this deadline means automatic suspension and or revocation. The administrative hearing may also expose early weaknesses in the State’s evidence.
3. Document Everything. Write down the stop details, what was said, and how tests were performed. Small inconsistencies could lead to suppression of evidence.
Learn more about administrative suspension and DMV hearings, OWI refusal charges, and how to apply for an occupational license.
Common Defense Strategies for OWI First in Wisconsin
Even if your BAC was over 0.08%, you may have a defense. An experienced OWI defense attorney knows how to identity weaknesses in the State’s case.
Many of these defenses are explained in greater detail on our OWI dismissal and defense strategies page.
Why Hiring an OWI Defense Lawyer Matters for a First OWI
Facing a first OWI charge alone is risky. The outcome can affect not just your driving privileges but your future opportunities. The OWI defense attorneys at Chirafisi Anderson, S.C. have the experience and proven record of results to assist you in defending your first OWI.
Get Help With Your OWI 1st Offense Charge
Being charged with an OWI first offense can feel like the end of the world – but it doesn’t have to be. You may have strong defenses, and an experienced attorney can guide you through the process and fight for the best outcome. Call Chirafisi Anderson, S.C. today for a free consultation with an experienced OWI defense lawyer.