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Featured 7.16.2025

Is a Second DUI a Felony in Wisconsin?

A second DUI offense in Wisconsin isn't automatically a felony, but it does bring much harsher consequences than a first-time offense. You'll face a longer license revocation, mandatory jail time, significantly higher fines, and possibly be required to install an ignition interlock device on your vehicle. Whether it becomes a felony depends on when your previous conviction occurred and if anyone was injured in the current incident.

At Bayer Law Offices, we know how much is at stake when facing a second DUI charge. With experience handling OWI cases across Wisconsin, our DUI attorneys are prepared to fight for your rights, explore every defense, and protect your driving privileges. Don’t wait for the penalties to pile up. Contact Bayer Law Offices today to get an aggressive and knowledgeable OWI defense attorney on your side.

Is a Second DUI a Felony in Wisconsin?

In Wisconsin, a second DUI (or OWI) is generally classified as a misdemeanor, but it can become a felony under certain circumstances. One key factor is the timeframe between the first and second offenses. These elements can elevate the charge and lead to even more severe legal and personal consequences.

Misdemeanor vs. Felony: Key Differences for a Second DUI in Wisconsin

The key differences hinge on harm caused during the incident and specific aggravating circumstances that elevate the charge from misdemeanor to felony.

MisdemeanorFelony
-Occurs when the second offense is within 10 years but without aggravating factors.
-No prior serious injury or death was involved in the incident.
-Penalties include jail time (up to 6 months), fines, license suspension, and ignition interlock requirements.
-Occurs when the second offense involves serious bodily injury or death to another person.
-Aggravating factors such as having a minor in the vehicle at the time of the offense or an extremely high BAC or repeated offenses in a short timeframe.
-Penalties include longer prison terms and extended license revocation.

Penalties for a Second DUI Conviction

Facing a second DUI charge in Wisconsin can disrupt many aspects of your life well before a conviction is entered. Employers may question your reliability, housing opportunities can be limited, and your personal reputation can suffer. 

Typical penalties for a second DUI conviction in Wisconsin include:

  • Jail time of up to 6 months
  • Fines ranging from $600 to $1,000
  • Driver’s license revocation for 1 to 2 years
  • Administrative fees and costs related to court and monitoring programs
  • Mandatory installation of an ignition interlock device for 6 to 24 months
  • Possible probation or community service requirements

An experienced DUI attorney can play a vital role in minimizing the ]impact of a second DUI conviction by exploring a range of alternative sentencing and penalties tailored to your situation. This may include advocating for diversion programs, which focus on education and rehabilitation rather than jail time, or negotiating for probation with requirements like community service or alcohol treatment programs instead of incarceration. 

What to Do After a Second DUI Arrest in Milwaukee

If you’ve been arrested for a second DUI in Milwaukee, it’s crucial to contact a qualified OWI attorney as soon as possible. An experienced lawyer can guide you through the complex legal process, help you understand the charges and potential penalties, and begin investigating the details of your case to identify any weaknesses or errors that could work in your favor. Early legal intervention also ensures essential deadlines are met and that you have professional representation during hearings and negotiations.

After a second DUI arrest, here are the key steps to take:

  • Contact a knowledgeable Milwaukee DUI attorney immediately
  • Avoid discussing your case with anyone other than your lawyer
  • Gather any relevant documents, such as previous DUI records and medical reports
  • Comply with all court orders, including license suspension or ignition interlock installation
  • Attend all scheduled court appearances promptly
  • Refrain from further alcohol consumption to demonstrate responsibility

Your attorney will not only help navigate the legal system but also advocate for alternatives to harsh penalties, negotiate plea deals, and provide personalized advice based on the specifics of your case. With our guidance, you’ll have a clearer path forward and a stronger chance of protecting your rights and future.

Why Choose Bayer Law Offices for DUI Defense

When facing a second DUI or OWI charge, having the right legal team by your side can make all the difference. Bayer Law Office brings extensive experience, unwavering dedication, and a deep understanding of Wisconsin DUI laws to every case. Our attorneys work tirelessly to protect your rights, explore every possible defense, and pursue the best outcome for your situation. Contact Bayer Law Offices today for representation that can help shape a brighter path forward.

Frequently Asked Questions

Can a second DUI ever be charged as a misdemeanor?

Yes. In Wisconsin, a second DUI is typically charged as a misdemeanor unless aggravating factors are present, which can elevate the charge to a felony.

Will I lose my license after a second DUI?

A second DUI conviction almost always results in a driver’s license suspension or revocation. The length of the suspension depends on factors such as prior offenses and the specifics of your case, but generally ranges from one to two years.

How long does a second DUI stay on your record in Wisconsin?

A second DUI conviction stays on your criminal record permanently. For purposes like sentencing or enhanced penalties, Wisconsin typically looks back 10 years to determine if previous DUI offenses qualify as a second or subsequent offense.

What if my first DUI happened out of state?

Wisconsin recognizes DUI convictions from other states when determining repeat offenses. Even if your first DUI was outside Wisconsin, it can affect the classification and penalties of a new DUI charge within the state.

What are the chances of reducing a second DUI charge?

An experienced attorney can review your case details and potentially negotiate reduced charges or alternative sentencing based on circumstances.

Are ignition interlock devices mandatory after a second DUI?

Yes, Wisconsin typically requires installation of an ignition interlock device following a second DUI conviction for a specified period.

Can I drive for work during a license suspension?

In some cases, limited driving privileges may be granted for employment or essential activities, provided that court approval is obtained. Your attorney can help request this if applicable.

A second DUI offense in Wisconsin isn't automatically a felony, but it does bring much harsher consequences than a first-time offense. You'll face a longer license revocation, mandatory jail time, significantly higher fines, and possibly be required to install an ignition interlock device on your vehicle. Whether it becomes a felony depends on when your previous conviction occurred and if anyone was injured in the current incident.

At Bayer Law Offices, we know how much is at stake when facing a second DUI charge. With experience handling OWI cases across Wisconsin, our DUI attorneys are prepared to fight for your rights, explore every defense, and protect your driving privileges. Don’t wait for the penalties to pile up. Contact Bayer Law Offices today to get an aggressive and knowledgeable OWI defense attorney on your side.

Is a Second DUI a Felony in Wisconsin?

In Wisconsin, a second DUI (or OWI) is generally classified as a misdemeanor, but it can become a felony under certain circumstances. One key factor is the timeframe between the first and second offenses. These elements can elevate the charge and lead to even more severe legal and personal consequences.

Misdemeanor vs. Felony: Key Differences for a Second DUI in Wisconsin

The key differences hinge on harm caused during the incident and specific aggravating circumstances that elevate the charge from misdemeanor to felony.

MisdemeanorFelony
-Occurs when the second offense is within 10 years but without aggravating factors.
-No prior serious injury or death was involved in the incident.
-Penalties include jail time (up to 6 months), fines, license suspension, and ignition interlock requirements.
-Occurs when the second offense involves serious bodily injury or death to another person.
-Aggravating factors such as having a minor in the vehicle at the time of the offense or an extremely high BAC or repeated offenses in a short timeframe.
-Penalties include longer prison terms and extended license revocation.

Penalties for a Second DUI Conviction

Facing a second DUI charge in Wisconsin can disrupt many aspects of your life well before a conviction is entered. Employers may question your reliability, housing opportunities can be limited, and your personal reputation can suffer. 

Typical penalties for a second DUI conviction in Wisconsin include:

  • Jail time of up to 6 months
  • Fines ranging from $600 to $1,000
  • Driver’s license revocation for 1 to 2 years
  • Administrative fees and costs related to court and monitoring programs
  • Mandatory installation of an ignition interlock device for 6 to 24 months
  • Possible probation or community service requirements

An experienced DUI attorney can play a vital role in minimizing the ]impact of a second DUI conviction by exploring a range of alternative sentencing and penalties tailored to your situation. This may include advocating for diversion programs, which focus on education and rehabilitation rather than jail time, or negotiating for probation with requirements like community service or alcohol treatment programs instead of incarceration. 

What to Do After a Second DUI Arrest in Milwaukee

If you’ve been arrested for a second DUI in Milwaukee, it’s crucial to contact a qualified OWI attorney as soon as possible. An experienced lawyer can guide you through the complex legal process, help you understand the charges and potential penalties, and begin investigating the details of your case to identify any weaknesses or errors that could work in your favor. Early legal intervention also ensures essential deadlines are met and that you have professional representation during hearings and negotiations.

After a second DUI arrest, here are the key steps to take:

  • Contact a knowledgeable Milwaukee DUI attorney immediately
  • Avoid discussing your case with anyone other than your lawyer
  • Gather any relevant documents, such as previous DUI records and medical reports
  • Comply with all court orders, including license suspension or ignition interlock installation
  • Attend all scheduled court appearances promptly
  • Refrain from further alcohol consumption to demonstrate responsibility

Your attorney will not only help navigate the legal system but also advocate for alternatives to harsh penalties, negotiate plea deals, and provide personalized advice based on the specifics of your case. With our guidance, you’ll have a clearer path forward and a stronger chance of protecting your rights and future.

Why Choose Bayer Law Offices for DUI Defense

When facing a second DUI or OWI charge, having the right legal team by your side can make all the difference. Bayer Law Office brings extensive experience, unwavering dedication, and a deep understanding of Wisconsin DUI laws to every case. Our attorneys work tirelessly to protect your rights, explore every possible defense, and pursue the best outcome for your situation. Contact Bayer Law Offices today for representation that can help shape a brighter path forward.

Frequently Asked Questions

Can a second DUI ever be charged as a misdemeanor?

Yes. In Wisconsin, a second DUI is typically charged as a misdemeanor unless aggravating factors are present, which can elevate the charge to a felony.

Will I lose my license after a second DUI?

A second DUI conviction almost always results in a driver’s license suspension or revocation. The length of the suspension depends on factors such as prior offenses and the specifics of your case, but generally ranges from one to two years.

How long does a second DUI stay on your record in Wisconsin?

A second DUI conviction stays on your criminal record permanently. For purposes like sentencing or enhanced penalties, Wisconsin typically looks back 10 years to determine if previous DUI offenses qualify as a second or subsequent offense.

What if my first DUI happened out of state?

Wisconsin recognizes DUI convictions from other states when determining repeat offenses. Even if your first DUI was outside Wisconsin, it can affect the classification and penalties of a new DUI charge within the state.

What are the chances of reducing a second DUI charge?

An experienced attorney can review your case details and potentially negotiate reduced charges or alternative sentencing based on circumstances.

Are ignition interlock devices mandatory after a second DUI?

Yes, Wisconsin typically requires installation of an ignition interlock device following a second DUI conviction for a specified period.

Can I drive for work during a license suspension?

In some cases, limited driving privileges may be granted for employment or essential activities, provided that court approval is obtained. Your attorney can help request this if applicable.

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When confronted with an OWI charge or criminal charges, the situation can feel daunting and overwhelming. We are here to help you shape your path to a better outcome.

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