Second Offense OWI in Wisconsin
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Madison, WI
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Madison, WI Second Offense OWI Lawyers
Facing a Second OWI in Wisconsin? What You Need to Know
A second OWI offense in Wisconsin escalates the legal consequences significantly compared to a first offense. Mandatory jail time, longer license revocation, and harsher penalties make it critical to have strong legal representation.
At DK Anderson, S.C., we understand the serious impact a second OWI conviction can have on your freedom, finances, and future. Our experienced OWI defense attorneys are ready to fight for the best possible outcome in your case.
Wisconsin Second Offense OWI Penalties
A second OWI is a criminal offense, not just a traffic violation. The penalties include:
1. Mandatory Jail Time
- Minimum: 5 days in jail
- Maximum: 6 months in jail
- BAC above .17 may result in a longer sentence
🔹 Many counties offer jail alternatives, such as electronic monitoring or house arrest, but eligibility varies.
2. Fines & Financial Penalties
- Minimum: $350 fine
- Maximum: $1,100 fine
- Additional court costs & surcharges significantly increase the total cost
💰 With court fees, IID costs, and increased insurance rates, total costs can exceed $5,000.
3. Driver’s License Revocation
- License revoked for 12 to 18 months
- You must wait 45 days before applying for an occupational license
🚨 If you refused a breath or blood test, your revocation period could be longer.
4. Ignition Interlock Device (IID) Requirement
- Mandatory installation for at least 12 months up to 18 months
- Applies to all vehicles you own or drive
- Cannot be waived or reduced by a judge
5. Alcohol & Drug Abuse (AODA) Assessment
- Required assessment for alcohol/drug treatment
- May include mandatory counseling or education programs
OWI Defense Attorneys
Can You Reduce Jail Time for a Second OWI in Wisconsin?
Jail Alternatives & Sentence Modifications
Many counties offer alternative sentencing options, such as:
✔ Huber (Work Release) – Allows you to leave jail for work, medical appointments, or childcare responsibilities.
✔ Electronic Monitoring/House Arrest – Available in some counties instead of serving time in jail.
✔ Community Service Alternative – In rare cases, courts may substitute 30 days of community service for jail time.
🚨 Not every county offers these options. Some, like Jefferson County, require full jail sentences.
Defenses Against a Second OWI Charge
✔ Challenging the Traffic Stop – If the officer lacked reasonable suspicion, the case may be dismissed.
✔ Attacking Field Sobriety Tests – Many sobriety tests are unreliable and improperly administered.
✔ Challenging Breath & Blood Tests – Equipment malfunctions or mishandled samples could result in test inaccuracies.
✔ Proving Lack of Probable Cause for Arrest – If your rights were violated, key evidence may be suppressed.
🔹 A strong legal defense can result in reduced penalties, alternative sentencing, or even case dismissal.
Why Choose DK Anderson, S.C. for Your Second OWI Defense?
✔ Extensive OWI Defense Experience – We know the legal strategies that work in Wisconsin courts.
✔ Respected by Judges & Prosecutors – Our reputation helps negotiate favorable outcomes for clients.
✔ Personalized Defense Strategies – We analyze every detail to find the best defense for your case.
Take Action Now – Protect Your Future
No. Jail time is mandatory if convicted, but alternative sentencing (work release or electronic monitoring) may be possible in some counties.
Yes. A second OWI is a criminal offense and will remain on your record permanently. It cannot be expunged.
A conviction results in a 12 to 18-month license revocation. If you refused a breath or blood test, the revocation period may be longer.
With fines, court fees, IID installation, and increased insurance rates, total costs can easily exceed $5,000.
Yes. A second OWI requires IID installation on all vehicles you own or drive for at least 12 months.
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
Drug Charges
Our Wisconsin Drug charge attorneys know the law and how to apply that law in the court room.
Domestic Violence​
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.