Wisconsin OWI Sentencing Guidelines
Understanding how Wisconsin judges determine OWI sentences – and how the attorneys at Chirafisi Anderson, S.C. can protect your future. Give us a call or schedule your free consolation today.
How OWI Sentencing Works in Wisconsin
When a person is convicted of Operating While Intoxicated (OWI) in Wisconsin, the court must impose a sentence consistent with Wis. Stat. § 346.65 and the sentencing guidelines developed by each judicial district.
These guidelines outline recommended penalties based on the number of prior offenses, the blood alcohol concentration (BAC), and other aggravating or mitigating factors. They are not mandatory, but they strongly influence how judges determine jail time, fines, license revocation, and ignition-interlock requirements.
Each judicial district—and sometimes each county within it—has its own OWI sentencing grid. While statewide statutes set minimums, judges retain discretion to tailor the sentence to the facts of each case.
Learn more about our Wisconsin OWI defense practice.
Mandatory Penalties Under Wisconsin Law (§ 346.65)
Even though sentencing guidelines vary, every judge must apply at least these statewide minimums:
|
OWI Offense |
Confinement Range |
Fine Range |
License Revocation |
Ignition Interlock |
|---|---|---|---|---|
|
1st Offense (civil) |
None (unless minor/injury) |
$150 – $300 + costs |
6 – 9 months |
≥ .15 BAC or refusal |
|
2nd Offense |
5 days – 6 months |
$350 – $1,100 + costs |
12 – 18 months |
Mandatory (12 months +) |
|
3rd Offense |
45 days – 1 year |
$600 – $2,000 + costs |
2 – 3 years |
Mandatory |
|
4th Offense (felony) |
60 days – 6 years |
$600 – $10,000 + costs |
2 – 3 years (lifetime revocation if previous offense within 15 years) |
Mandatory |
|
5th-6th Offense |
18 months – 10 years prison |
Up to $25,000 |
2 – 3 years (lifetime revocation if previous offense within 15 years) |
Mandatory |
|
7th-9th Offense |
3 years – 12.5 years prison |
Up to $25,000 |
2 – 3 years (lifetime revocation if previous offense within 15 years) |
Mandatory |
Note: Enhanced penalties apply for minors in the vehicle, injury or death, or high BAC (≥ 0.15).
See our pages on OWI with Minor Passenger, OWI Causing Injury, and OWI Homicide for details.
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Judicial District Sentencing Guidelines
Wisconsin’s 72 counties are divided into 9 judicial districts (there is no 6th judicial district), each with its own OWI guideline grid published by the Wisconsin Judicial Conference. The most current guidelines can be found below.
|
District |
Counties Covered |
Latest Guidelines (PDF) |
|---|---|---|
|
1st |
Milwaukee | |
|
2nd |
Racine, Kenosha, and Walworth | |
|
3rd |
Dodge, Jefferson, Ozaukee, Washington, and Waukesha | |
|
4th |
Calumet, Fond du Lac, Green Lake, Manitowoc, Marquette, Sheboygan, Waushara, and Winnebago | |
|
5th |
Columbia, Dane, Green, Lafayette, Rock, and Sauk | |
|
7th |
Adams, Buffalo, Clark, Crawford, Grant, Iowa, Jackson, Juneau, La Crosse, Monroe, Pepin, Pierce, Richland, Trempealeau, and Vernon | |
|
8th |
Brown, Door, Kewaunee, Marinette, Oconto, Outagamie, and Waupaca | |
|
9th |
Florence, Forest, Langlade, Lincoln, Marathon, Menominee, Oneida, Portage, Price, Shawano, Taylor, Vilas, and Wood | |
|
10th |
Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, Dunn, Eau Claire, Iron, Polk, Rusk, St. Croix, Sawyer, and Washburn |
Although the guidelines are issued district-wide, each county applies them differently based on jail resources, treatment programs, and local culture.
Aggravating and Mitigating Factors
Wisconsin judges weigh both aggravating and mitigating circumstances before imposing sentence.
Aggravating factors
- High BAC (≥ 0.15 or 0.20)
- Refusal to test
- Causing injury, property damage, or an accident
- Minor in the vehicle
- Recent prior convictions/ poor driving record
- Driving without a valid license or insurance
Mitigating factors
- Clean driving/criminal record
- Early voluntary AODA participation
- Demonstrated sobriety or treatment progress
- Cooperation with law enforcement
- Employment stability and community support
- Low BAC and minimal risk indicators
An experienced OWI defense attorney uses these factors to advocate for reduced jail, alternative sentencing, or treatment-based options.
District Attorney vs. Judicial Guidelines
Each District Attorney’s Office also maintains its own internal recommendations, which are often more severe than the court’s published judicial guidelines. A skilled OWI defense lawyer knows how to negotiate between the DA’s position and the judge’s discretion—and how to use district-level precedent to argue for the lowest possible sentence.
How Chirafisi Anderson Uses Sentencing Guidelines in Defense
At Chirafisi Anderson, S.C., we analyze both the judicial district guidelines and the local sentencing tendencies of each judge and prosecutor. Our attorneys have successfully represented clients in hundreds of OWI cases throughout Southern and Central Wisconsin including Dane, Rock, Jefferson, Dodge, Columbia, Sauk, Iowa, and Green Counties.
We help clients:
- Anticipate realistic sentencing outcomes;
- Build mitigation packages (treatment proof, character letters, employment documentation);
- Secure alternatives such as Huber, electronic monitoring, or treatment court;
- Challenge aggravating factors and negotiate charge reductions.
Get Help With Your OWI Case
Facing sentencing for an OWI in Wisconsin can be overwhelming. The attorneys at Chirafisi Anderson, S.C. understand how each county applies its guidelines—and how to argue for the best possible result.
Call Chirafisi Anderson, S.C. today for a free consultation with an experienced OWI defense lawyer. Serving clients across Southern and Central Wisconsin.