Second Offense OWI in Wisconsin
Arrested for a second offense OWI in Wisconsin? Contact us today for a free consultation.
Understanding a Second Offense OWI in Wisconsin
A second OWI in Wisconsin is a criminal misdemeanor—and it carries mandatory jail time, longer license revocation, and harsh fines. If your first offense was within the last 10 years, the State will pursue enhanced penalties.
At Chirafisi Anderson, S.C., our defense attorneys have successfully represented hundreds of clients charged with repeat OWI offenses across Southern and Central Wisconsin including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge and Green Counties.
Learn more about our Wisconsin OWI defense practice.
Statutory Definition of a Second Offense OWI in Wisconsin
Operating While Intoxicated is defined in Wis. Stat. § 346.63(1)(a). A person violates this statute by operating a motor vehicle while under the influence of an intoxicant to a degree that renders them incapable of safely driving.
A second offense OWI is charged under Wis. Stat. § 346.65(2)(am)2 when the State proves a prior countable OWI-related offense as defined by Wis. Stat. § 343.307. The existence of a qualifying prior offense changes the legal classification of the charge and the procedures that apply in court.
Key Points
- A 2nd OWI is no longer a civil matter—it’s a criminal charge under Wis. Stat. § 346.63 and § 346.65(2)(am)2.
- Wisconsin counts lifetime OWIs. If your first offense was within 10 years of your second, criminal penalties are imposed. Once you hit two OWIs, your next one is a third offense even if it is more than 10 years later.
- Jail time is mandatory, even if your BAC was barely above the legal limit.
- A conviction for a second offense is a misdemeanor and cannot be expunged from your driving record. This conviction will show up on criminal background checks.
- You will not be immediately eligible for an occupational license.
* If your case involves a minor passenger, injury, or homicide, learn more on our OWI with Minor Passenger page, OWI Causing Injury page, or OWI Homicide page.
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What the State Must Prove in an OWI Second Case
In a second offense case, the State must prove the same two OWI elements as a first offense, but under a criminal burden of proof: beyond a reasonable doubt. In addition to those two elements, the State must prove a countable offense under Wisconsin Stat. § 343.307.
Under Wisconsin law, the State must prove the following two elements of a second offense OWI:
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).
Charges based on blood alcohol concentration are charged separately as Prohibited Alcohol Concentration (PAC) – similar to charges based on Restricted Controlled Substances in your blood.
Penalties for a Second Offense OWI in Wisconsin
The penalties escalate sharply from a first offense.
|
Penalty |
Details |
|---|---|
|
Mandatory Jail |
5 days – 6 months; counties may allow work-release (Huber) or electronic monitoring. |
|
Fines + Costs |
$350 – $1,100 plus costs and surcharges |
|
License Revocation |
12 – 18 months plus any time in confinement. |
|
Ignition Interlock Device (IID) |
Minimum 1 year on all owned/operated vehicles. |
|
Alcohol Assessment (AODA |
Required; completion of treatment or education program mandated. |
Learn more about the requirements and options for an ignition interlock device in Wisconsin.
License penalties in a second offense OWI case are often more complex than they appear. In addition to court-imposed revocation, many drivers face administrative suspension or revocation, separate penalties for refusal to submit to chemical testing, and delayed eligibility for an occupational license.
Collateral consequences of a 2nd OWI conviction
- A criminal record that can affect employment, housing, and professional licensing.
- Lifetime OWI counting — every offense after this will be punished more severely.
- Impact on travel, including possible restrictions on entering Canada.
- If you have a commercial driver’s license (CDL), you will be permanently disqualified from holding a CDL
For a full breakdown of how sentencing works in your county, see our Wisconsin OWI Sentencing Guidelines page.
Common Defense Strategies for a Second Offense OWI in Wisconsin
A second offense OWI carries mandatory jail time and criminal penalties, which makes a careful legal defense essential. Even though prior offenses may limit what can be challenged, the State must still prove that the traffic stop, investigation, arrest, and testing were conducted lawfully and reliably in the current case. Identifying procedural errors or evidentiary weaknesses can significantly impact the outcome of a second offense OWI.
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 Second OWI
A second OWI is the turning point — you now face jail, a criminal record, and escalating penalties for life. The OWI defense attorneys at Chirafisi Anderson, S.C. have the experience and proven record of results to assist you in defending your second OWI.
Case Results – OWI Second
These results reflect how experienced defense representation can make a meaningful difference, depending on the facts, evidence, and legal issues involved in a case.
Get Help With Your OWI Second Offense Charge
Jail time is mandatory on a second OWI, but the outcome is not set in stone. A skilled defense can protect your freedom and your future. Call Chirafisi Anderson, S.C. today for a free consultation with an experienced OWI defense lawyer. Serving clients throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Green, Dodge and nearby counties.