A first OWI in Wisconsin: what it can result in

Wisconsin is the only state in the country where an ordinary first OWI is not a crime. There is no jail and no criminal record from it: the penalty is a forfeiture of $150 to $300 plus the OWI surcharge, with a six to nine month revocation and an interlock or 24/7 sobriety requirement for a year. That changes the moment there is a minor in the car, a prior inside ten years, or an injury.

Start from what the statute forces and what it leaves to the judge. The floor here is none. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Civil forfeiture, not a criminal conviction: none, and a fine of $150 to $300, plus a $435 surcharge. The range is set by Wis. Stat. § 346.65(2)(am)1; § 346.655, and the figures on this page come from the statute rather than from a summary of it.

Wisconsin does not order an interlock for every first offense — it kicks in at 0.15% BAC, on a refusal to give a sample, or on any repeat OWI. What catches people out is the clock: your term does not start until the DMV actually issues you a license, so you cannot sit it out. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by The convicting court, with the order enforced by Wisconsin DOT / DMV.