Can You Go to Jail for an OWI in Wisconsin?

This is one of the first questions that we are asked when contacted by a client who has been charged with OWI. Civil OWI 1 offenses do not carry a mandatory jail sentence. However, there are many OWI offenses that do carry mandatory jail sentences. Indeed, there are several categories of people charged who may face a mandatory prison sentence. This all depends on the circumstances of the particular charge. You should not face OWI charges alone.

Repeat Offenders

Unless someone was seriously hurt or other circumstances apply (see below), a first offender will not go to jail for an OWI. Instead, there may be some combination of loss of license and court-ordered supervision. However, the penalties progressively increase on subsequent offenses. For example, if a driver has been charged with their second OWI within ten years, the jail sentence can range from five days to six months. The jail sentence increases to 45 days-1 year on the third offense. The fourth offense becomes a felony that could be punished with up to six years in prison. After that, prison becomes mandatory in Wisconsin for subsequent offenses.

This is why you need an attorney for even your first OWI offense. Once you are convicted of your first offense, you are facing jail time if you are charged again within the next ten years. While a plea deal may make sense for the first arrest, you should get legal advice first.

Causing Bodily Harm

There are some special factors that increase punishments for even first OWI offenses. If someone else was injured in an OWI accident, there is a jail sentence of up to one year. There are no prior convictions necessary for a jail sentence. The potential punishment rises if there was great bodily harm or if someone was killed in an accident. The potential jail sentence for great bodily harm can reach 12.5 years.

A Minor Present

While a first OWI offense usually carries no jail time, there is a sentence of 5 days-6 months when there is a minor under the age of 16 present in the car. Obviously, prosecutors will consider the circumstances, such as the age of the child and the level of intoxication, before requesting a certain sentence.

Excessively High Blood Alcohol Content

While there are escalating penalties for extremely high blood alcohol content, there is no jail time for the first offense, even if your BAC is over .25. It will result in very steep fines, but the rule is that a first offense will not lead to jail time unless the exceptions above apply.

Even if your OWI charge does not automatically involve jail time, you should still have legal counsel, given the potential effects of a conviction on your life. If you choose not to fight the charges, your attorney could negotiate a more favorable deal with the prosecutor.

Call Cohen Law Offices Today

If you have been charged with OWI in Wisconsin, call the experienced attorneys at The Cohen Law Offices at (715) 514-5051, or contact us online to schedule your free initial consultation.