Wisconsin law provides criminal penalties, including fines, jail time, license revocation, and sometimes probation, for an OWI conviction. If convicted, the state prescribes minimum penalties for first and subsequent offenses, which vary according to the circumstances that can be proven, such as:
- The driver's history of OWI violations and convictions;
- If a commercial vehicle was being used at the time of the OWI;
- Whether the OWI violation occurred while there was a child in the vehicle;
- Whether the OWI violation occurred simultaneously with another dangerous moving violation, such as reckless driving;
- If the OWI violation involved a car accident;
- If another person was injured or killed; and
- Whether the driver was under the legal drinking age at the time of the OWI violation.
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