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Wisconsin (WI) - State Requirements for Ignition Interlock Devices

The Wisconsin Ignition Interlock Program

All offenses will result in the offender’s driver’s license being suspended for some time. However, offenders can apply for a license reinstatement right away, as long as they were not involved in an accident during the course of their OWI offense. Often, an ignition interlock device is required as a condition of regaining driving privileges.

Wisconsin allows offenders to apply for an occupational license immediately after a conviction for OWI, as long as the offender installs an interlock device Wisconsin approves. The occupational license does limit where offenders can drive.

What Happens if I Get a OWI in Wisconsin?

In Wisconsin, the legal limit for blood alcohol content (BAC) is .08 percent. Any drivers caught driving with a BAC at or above this level risk being convicted for OWI. The state has financial and administrative penalties for DUI offenses. The penalties may change depending on the circumstances of the incident and court discretion.

First OWI Offense

  • License revoked for six to nine months
  • $150-$300 in fines, plus $435 OWI surcharge
  • Fines increase to $350-$1,110 if a minor under 16 is present at the time of the offense
  • If BAC is above .15, an IID or 24/7 sobriety program is required for one year
  • No jail time, unless a minor is present, which could mean five days to six months in jail
  • Must install an IID to regain driving privileges, can apply immediately for an occupational license

Second OWI Offense (No Prior OWI Within 10 Years)

  • License revoked for six to nine months
  • $150-$300, plus $435 OWI surcharge
  • Fines increase to $350-$1,110 if a minor under 16 is present at the time of the offense
  • No jail time, unless a minor is present, which could mean five days to six months in jail
  • IID or 24/7 sobriety program is required for one year, can apply immediately for an occupational license

Second OWI Offense (With Prior OWI Within 10 Years)

  • License revoked for 12 to 18 months plus time spent in confinement
  • $350-$1,110 fine, plus $435 OWI surcharge
  • Fines increase to $700-$2,200 if a minor is present
  • Five days to six months in jail, or 10 days to 12 months if minor is present
  • IID or 24/7 sobriety program is required for one year to 18 months
  • If a minor is in the car, IID or 24/7 monitoring is required for two to three years plus time of confinement
  • Must wait 45 days to apply for an occupational license

Third OWI Offense

  • License revoked for two to three years plus the length of confinement
  • 45 days to one year in jail, or 90 days to two years if minor is present
  • $600-$2,000 fine
  • Fine increases to $1,200-$5,000 if a minor is present
  • IID or 24/7 sobriety program required for one to three years plus confinement length, or four to six years plus confinement length if a minor is present
  • Must wait 45 days to apply for an occupational license

What Happens if I Refuse a BAC Test in Wisconsin?

Refusing a BAC test will not allow any offender to get away without consequences. A refusal to submit to a test will result in a license revocation of at least one year, and an interlock device or 24/7 sobriety program is required for a year as well. This length of time may increase if there is a minor in the vehicle or if it’s a repeat incident. First-time offenders who refuse a test have to wait 30 days to apply for an occupational license, and longer if it’s a repeat offense..

How Do I Get an Occupational License in Wisconsin?

Wisconsin allows OWI offenders to regain driving privileges with an occupational license. This license limits where and what type of vehicle offenders can drive. To get an occupational license, offenders must:

  • Serve the required amount of their suspension period
  • Pay all required fines
  • Show proof of SR-22 insurance
  • Show proof of IID installation
  • Complete any court-ordered treatment programs
Depending on prior offenses and circumstances of the offense, the offender may need to complete additional criteria to qualify.