WISCONSIN DUI SENTENCING GUIDELINES-DANE COUNTY
 
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The Information below is a sample sentencing guideline for Madison, Wisconsin DUI cases.  Guidelines are the reccomended punishment for Wisconsin DUI cases but there are exceptions to the rules.  Each case is different and a DUI Attorney can help you to understand what type of punishment you are facing, the chance of winning, what steps you can take to lessen the punishement, and how to best proceed with your case.

FIFTH JUDICIAL DISTRICT SENTENCING GUIDELINES 1st OFFENSE OWI/PAC (Citations Issued On or After July 1, 2010)
Civil – Non-Criminal Forfeiture: $150 - $300 [§346.65(2)(am)1]
Revocation: 6-9 months [§343.30(1q)(b)2]
Occupational license eligibility immediately
Ignition Interlock: Mandatory 1 year for BAC .150 and above

With Minor Child <16 in vehicle –Criminal Offense [§346.65(2)(f)] Jail: 5 days – 6 months Fine: $350-$1100 Use Chart for 2nd Offense

OWI/PAC BAC Levels Minimum Driving No Accident Aggravated Driving Accident or Injury Bad Driving Record < .10 $150 + Costs = $699.50 6 mo. revocation $200 + Costs = $762.50 6 mo. revocation .10-.149 Controlled Substance $200 + Costs = $762.50 7 mo. revocation $250. + Costs = $825.50 7 mo. revocation .150-.199 $250 + Costs = $875.50 8 mo. revocation IID-1 year $300 + Costs = $938.50 8 mo. revocation IID-1 year .20 and above $300 + Costs = $938.50 9 mo. revocation IID-1 year $300 + Costs = $938.50 9 mo. revocation IID-1 year No Probation Option Treatment: Good faith progress in qualified AODA treatment prior to sentence reduces guideline penalties to cell for next lowest BAC Alcohol Assessment and Driver Safety Plan Court may order: • Community service work to reduce the amount of a forfeiture or fine. §346.65(2g)(a) • Site visit that demonstrates the effects of substance abuse. §346.65(2). • Reduction of the forfeiture/fine and payment of the difference toward the cost of the alcohol assessment and driver safety plan. §346.65(2c) • Restitution. §346.65(2r)(a)

FIFTH JUDICIAL DISTRICT SENTENCING GUIDELINES 2nd Offense OWI/PAC and 1st Offense with Minor Child < 16 in Vehicle (Citations Issued On or After July 1, 2010) Jail: 5 days – 6 months [§346.65(2)(am)2] Fine: $350 - $1100 Revocation: 12-18 months [§343.30(1q)(b)3] Occupational license eligibility – 45 days from conviction Ignition Interlock: Mandatory for all second offenses 12 months to 18 months [§303.08(10r)] With Minor Child <16 : Applicable minimum and maximum fines, revocation periods and jail double BAC Minimum Driving No Accident Aggravated Driving Accident or Injury Bad Driving Record <.10 $350 + Costs = $1117. 5 days jail 12 mo. revocation $400 + Costs = $1180. 10 days jail 14 mo. revocation .10-.149 Controlled Substance $400 + Costs = $1180. 10 days jail 14 mo. revocation $600 + Costs = $1432. 30 days jail 16 mo. revocation .150-.199 $600 + Costs = $1432. 30 days jail 16 mo. revocation $800 + Costs = $1684. 90 days jail 17 mo. revocation .20 and up Refusal $800 + Costs = $1684. 120 days jail 17 mo. revocation $1100 + Costs = $2063. 6 months jail 18 mo. revocation Probation: Maximum probation 2 years. If successful completion of treatment on probation, minimum jail is 5 days and maximum jail is 7 days. [§346.65(2)(bm)] Treatment: Good faith progress in qualified AODA treatment prior to sentence reduces guideline penalties to cell for next lowest BAC Alcohol Assessment and Driver Safety Plan Court may order: • Community Service work to reduce the amount of a forfeiture or fine §346.65(2g)(a) • Site visit that demonstrates the effects of substance abuse. §346.65(2i) • Reduction of the forfeiture/fine and payment of the difference toward the cost of the alcohol assessment and driver safety plan. §346.65(2e) • Restitution. §346.65(2r)(a)

FIFTH JUDICIAL DISTRICT SENTENCING GUIDELINES 3rd OFFENSE OWI/PAC (Citations Issued On or After July 1, 2010) Jail: 45 days – 1 year [§346.65(2)(am)3] Minimum 48 consecutive hours in jail [§346.65(7)] Fine: $600 - $2,000 [plus surcharges and costs] Revocation: 24-36 months Occupational license eligibility – 45 days from conviction Ignition Interlock: Mandatory for all third offenses 12 months – 36 months No Bail: No bail after conviction or stay of execution of jail sentence unless jail is a condition of probation [§969.01(2)(a), §973.15(8)(a)(3), §97309(1)(a)] With Minor Child <16: Becomes a felony and applicable minimum and maximum fines, revocation periods and jail double BAC Minimum Driving No Accident Aggravated Driving Accident or Injury Bad Driving Record <.10 $600 + Costs = $1374. 45 days jail [14 days]* 24 mo. revocation $750 + Costs = $1563. 90 days jail [21days]* 27 mo. revocation .10-.149 Controlled Substance $800 + Costs = $1626. 90 days jail [21 days]* 27 mo. revocation $1000 + Costs = $1878. 6 mos. jail [28 days]* 30 mo. revocation .150 - .199 $1000 + Costs = $1878. 6 mos. jail [28 days]* [.17-.199 fine doubles] 30 mo. revocation $1200 + Costs = $2259. 9 mos. jail [35 days]* [.17-.199 fine doubles] 33 mo. revocation .20 and up Refusals $1200 + Costs = $2132. 9 mos. jail [35 days]* [.20-.249 fine triples] [.25 and up and refusals, fine quadruples] 33 mo. revocation $1500 + Costs = $2513. 12 mos. jail [42 days]* [.20-.249 fine triples] [.25 and up and refusals, fine quadruples] 36 mo. revocation Probation: Maximum probation 2 years. If successful completion of treatment on probation, minimum jail is 14 days. *Conditional jail days if AODA treatment on probation Treatment: Good faith progress in qualified AODA treatment prior to sentence reduces guideline penalties to cell for next lowest BAC.

 
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