Tenth Judicial District O.W.I. Sentencing Guidelines

For citations issued on or after September 30, 2003

Contact information

Edward R. Brunner, Chief Judge

Physical and mailing address

Tenth Judicial District
405 South Barstow
Street, Suite C
Eau Claire, WI
54701-3606

Phone number

(715) 839-4826

General

First Offense

Second Offense

Third Offense

Starting at 3rd Offense, state can commence action to forfeit vehicle [Wisconsin Statute 346.65(6)(c)].

Fourth Offense

Probation is an option for fourth offense and above. [Wisconsin Statute 973.09(1)(d)]

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With a minor under 16 years of age in the vehicle

First Offense

Second Offense

More information

Concerning penalties when there is a minor passenger under 16 years of age, see Section 346.65(2)(f), Wisconsin Statutes. Also, a minor passenger under 16 years of age in a motor vehicle at the time of a violation of a third, fourth or fifth offense is a felony.

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Commercial Motor Vehicle

First Offense

Second Offense

Third Offense

In order for double, triple or quadrupled fines to be imposed in Commercial Motor Vehicle cases, the driver must be charged under Wisconsin Statute 346.63(1). [See Wisconsin Statute 346.63(5),(6) and (7)]

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Penalty Ranges

Notes from the above table

1. Court shall order immobilization or ignition interlock of owned vehicle (unless undue hardship, extreme inconvenience or endangerment of person's health and safety). Court may order a motor vehicle owned by a violator to be seized. [See Section 346.65(6)(a)(1), Wisconsin Statutes].
2. Court may order seizure of owned vehicle [See Section 346.65(6)(a)(1), Wisconsin Statutes]. Court may order only operation of a vehicle equipped with ignition interlock.
3. Absolute sobriety during use.
4. Completion of Alcohol Assessment/Driver Safety Plan and absolute sobriety during use.
5. Not less than 48 consecutive hour period in county jail.
6. Fine range doubles if BAC is .17 to .199; triples if BAC is .20 to .249; quadruples if BAC is .25 or above. [See Section 346.65(2)(g), Wisconsin Statutes].

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Important notes regarding penalty ranges

• If first offense BAC is at least .08% but less than .10% and charge is violation of s. 346.63(1)(b), only deposit amount may be imposed.
• Court shall order defendant to undergo alcohol assessment and comply with driver safety plan. Huber not allowed if defendant not current with assessment and in compliance with driver's safety plan [See Section 303.08, Wisconsin Statutes].
• Court may order the safety plan to include effect on any victim or victim's family.
• Court may order community service work that demonstrates adverse effects of abuse (and a reasonable fee).
• Court may order a visit to a site that demonstrates adverse effects of abuse (and a reasonable fee).
• Court may order community service work to reduce the amount of the forfeiture/fine. Court may also order restitution. Defendants that cannot pay OWI Fine must perform community service [See Section 346.65(2g)(ag), Wisconsin Statutes].
• Court may, after a finding of inability to pay, reduce the costs or forfeiture/fine and order the person to pay the difference toward the cost of the alcohol assessment and driver safety plan.
• See 2001 Wisconsin Act 16 regarding installation of ignition interlock device or immobilization of a motor vehicle. (DOT Analysis is attached.)
• Conviction for a fifth offense OWI is a felony punishable by not less than $600 nor more than $2,000 and imprisonment for not less that 6 months nor more than 5 years. [See Section 346.65(2)(e), Wisconsin Statutes and 1998 WI Act 237].

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