Skip to content

Friday, Feb. 27, 2026

Is first-offense drunken driving a crime in Wisconsin?

Tom Kertscher / Wisconsin Watch, Wisconsin Watch
no

In Wisconsin, unlike in nearly every other state, first-offense drunken driving is not a crime.

Wisconsin treats a standard first-offense operating while intoxicated as a civil violation. 

Punishment includes a fine of $150-$300 and driver’s license revocation for six to nine months.

Subsequent OWI offenses generally are crimes, but there is an exception.

If a second offense occurs more than 10 years after the first, first-offense penalties apply.

Otherwise, second and third offenses are misdemeanors. Jail time is five days to six months for a second offense and 45 days to one year for a third offense. 

Fourth and subsequent offenses are felonies punishable by jail or prison time.

New Jersey treats first-offense OWI as a traffic violation, but up to 30 days in jail can be imposed.In New Hampshire, first-offense is a misdemeanor, but no jail time can be imposed.

This fact brief is responsive to conversations such as this one.

Sources

About fact briefs

Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network.

See all fact briefs

Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.

Learn More

Latest Fact Briefs

Be a Friend of facts

Help us fund more great fact briefs like this one.