OWI SENTENCING GUIDELINES EFFECTIVE
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1 OWI SENTENCING GUIDELINES EFFECTIVE This copy of the Sentencing Guidelines provided as a public service by Attorney Charles Kenyon, Madison, Wisconsin. Please check with the courts for possible updates JAMES DUVALL, CHIEF JUDGE
2 FIRST OFFENSE SEVENTH JUDICIAL ADMINISTRATIVE DISTRICT FIRST OFFENSE NO MIN PASSENGER PENALTY RANGE: ( (2)(am)1) FFEITURE: $150 to $300 (plus costs & surcharges) REVOCATION: 6 9 Months (Occupational - no waiting period; ( (1q)(b)2)). IGNITION INTERLOCK: Mandatory interlock for all alcohol concentration of.15 or more. License restricted to interlocked vehicles, plus all registered and titled vehicles (unless excepted) for period a of one year ( (2m)). $50.00 interlock surcharge. FIRST OFFENSE NO MIN PASSENGER BAC Level DRIVING FACTS (No Accident/Record) (Accident/Injury/Record).08 to.119 Forfeiture Alcohol Asses & Driver Safety $ $ $ Months $ $ $ Months.12 to.149 Forfeiture Alcohol Asses & Driver Safety $ $ $ Months $ $ $ Months.15 to.249 Forfeiture $ $ $1, Months $ $ $1, Months.25 or Above REFUSAL ** Forfeiture $ $ $1, Months $ $ $1, Months ** If separate finding of a refusal, 1 year revocation of operating privileges and 30 day waiting period for an occupational. This copy of the Sentencing Guidelines provided as a public service by Attorney Charles Kenyon, Madison, Wisconsin. Please check with the courts for possible updates
3 FIRST OFFENSE SEVENTH JUDICIAL ADMINISTRATIVE DISTRICT FIRST OFFENSE WITH MIN PASSENGER UNDER 16 YEARS OF AGE PENALTY RANGE: ( (2)(f)1) FINE: $350 to $1,100 (plus costs & surcharges) JAIL: 5 Days - 6 Months [Minimum 48 consecutive hours in jail ( (7))] REVOCATION: 12 (doubles under ( (1q)(b)4m)), plus number of days of jail sentence. (Occupational - no waiting period and must complete alcohol assessment and be in compliance with driver s safety plan and absolute sobriety during use.) IGNITION INTERLOCK: Mandatory interlock for all alcohol concentration of.15 or more. License restricted to interlocked vehicles, plus all registered and titled vehicles (unless excepted) for period a of one year to 18 months. $50.00 interlock surcharge. DRIVING FACTS FIRST OFFENSE WITH MIN PASSENGER UNDER 16 BAC Level (No Accident/Record) (Accident/Injury/Record).08 to.119 Fine $ $ $1, $1, $1, $1, Days 7 Days 12 Months 12 Months Alcohol Asses & Driver Safety.12 to.149 Fine $ $ $1, $1, $1, $1, Days 12 Days 12 Months 14 Months Alcohol Asses & Driver Safety.15 to.199 Fine $ $ $1, $1, $1, $1, Days 12 Days 14 Months 16 Months.20 to.249 Fine $ $ $1, $1, $1, $1, Days 20 Days 16 Months.25 or Above Fine $ $ REFUSAL ** $1, $1, $1, $1, Days 40 Days ** If separate finding of a refusal, 2 years revocation of operating privileges and 30 day waiting period for an occupational.
4 SECOND OFFENSE SEVENTH JUDICIAL ADMINISTRATIVE DISTRICT SECOND OFFENSE PENALTY RANGE: ( (2)(am)2) FINE: $350 to $1,100 (plus costs & surcharges) JAIL: 5 Days - 6 Months [Minimum 48 consecutive hours in jail ( (7))] REVOCATION: 12, plus number of days of jail sentence. (Occupational 45 day waiting period and must complete alcohol assessment and be in compliance with driver s safety plan and absolute sobriety during use.) PROBATION: 6-24 Months IGNITION INTERLOCK: Mandatory interlock. License restricted to interlocked vehicles, plus all registered and titled vehicles (unless excepted) for period of one year to 18 months. $50.00 interlock surcharge. SECOND OFFENSE BAC Level.08 to.119 DRIVING FACTS (No Accident/Record) $ $1, (Accident/Injury/Record) $ $1, Fine $1, $1, Days 15 Days 12 Months 12 Months.12 to.169 Fine $ $ $1, $1, $1, $1, Days 20 Days 12 Months 14 Months.17 to.199 Fine $ $ $1, $1, Days 30 Days 14 Months 16 Months.20 to.249 Fine $ $ $1, $1, or Above REFUSAL ** Treatment/Probation Option (2)(bm) $1, $1, Days 40 Days 16 Months Fine $ $ $1, $1, $1, $1, Days 50 Days Fine $ $1, $1, $1, $1, Cost of AA/DSP subtracted from fine and costs (2e). $ : Guidelines from above with all but 5 days stayed, pending successful completion of probation that includes alcohol and other drug treatment. ** If separate finding of a refusal, 2 years revocation of operating privileges and 90 day waiting period for an occupational.
5 THIRD OFFENSE SEVENTH JUDICIAL ADMINISTRATIVE DISTRICT THIRD OFFENSE PENALTY RANGE: ( (2)(am)3) FINE: $600 to $2,000 (plus costs & surcharges) JAIL: 45 Days - 12 Months [Minimum 48 consecutive hours in jail ( (7))] REVOCATION: 24, plus number of days of jail sentence. (Occupational 45 day waiting period and must complete alcohol assessment and be in compliance with driver s safety plan and absolute sobriety during use.) PROBATION: 6-24 Months IGNITION INTERLOCK: Mandatory interlock. License restricted to interlocked vehicles, plus all registered and titled vehicles (unless excepted) for period of two years to 36 months. $50.00 interlock surcharge. BAIL & STAY: No bail after conviction ( (2(a)) or stay of execution of jail sentence ( (8)(a)(3)) may be granted unless condition of probation. 45 Days 55 Days 24 Months 24 Months.12 to.169 Fine $ $ $1, $1, $1, $1, Days 75 Days 24 Months 27 Months.17 to.199 Fine $1, $1, $1, $1, BAC Fine Range Doubles to $ $ Days 125 Days 27 Months 30 Months Fine $1, $1, $1, $1, BAC Fine Range Triples to $ $ Days 155 Days 30 Months 33 Months.25 or Above Fine $2, $2, $1, $1, REFUSAL ** $4, $4, Days 185 Days BAC Fine Range 33 Months Quadruples $ $8000 Treatment/Probation Fine $ Option $1, (2)(cm) $2, THIRD OFFENSE BAC Level (No Accident/Record) (Accident/Injury/Record).08 to.119 Fine $ $ $1, $1, to.249 DRIVING FACTS $1, $1, $2, $2, $3, $3, Cost of AA/DSP subtracted from fine and costs (2e). $ : Guidelines from above with all but 14 days stayed, pending successful completion of probation that includes alcohol and other drug treatment. ** If separate finding of a refusal, 3 years revocation of operating privileges and 120 day waiting period for an occupational.
6 FOURTH OFFENSE SEVENTH JUDICIAL ADMINISTRATIVE DISTRICT FOURTH OFFENSE PENALTY RANGE: ( (2)(am)4) (Non-felony = last offense more than 5 years prior to current offense.) FINE: $600 to $2,000 (plus costs & surcharges) JAIL: 60 Days - 12 Months [Minimum 48 consecutive hours in jail ( (7))] REVOCATION: 24, plus number of days of jail sentence. (Occupational 45 day waiting period and must complete alcohol assessment and be in compliance with driver s safety plan and absolute sobriety during use.) PROBATION: 6- IGNITION INTERLOCK: Mandatory interlock. License restricted to interlocked vehicles, plus all registered and titled vehicles (unless excepted) for period of two years to 36 months. $50.00 interlock surcharge. BAIL & STAY: No bail after conviction ( (2(a)) or stay of execution of jail sentence ( (8)(a)(3)) may be granted unless condition of probation. 60 Days 70 Days 24 Months 24 Months.08 to.119 Fine $ $1, Days 85 Days 30 Months 30 Months.12 to.169 Fine $1, $1, $1, $1, $2, $2, Days 215 Days.17 to.199 Fine $2, $2, $1, $1, BAC Fine Range Doubles to $ $ to.249 DRIVING FACTS FOURTH OFFENSE BAC Level (No Accident/Record) (Accident/Injury/Record).02 to.079 Fine $ $ $1, $1, Days 245 Days Fine $2, $2, $1, $1, BAC Fine Range Triples to $ $ Days 275 Days.25 or Above Fine $2, $3, $1, $1, Days BAC Fine Range Quadruples $ $8000 Treatment/Probation Fine $ Option $1, $1, $1, $1, $1, $2, $2, $3, $3, $3, $4, REFUSAL ** $4, $4, (2)(dm) $2, Days Cost of AA/DSP subtracted from fine and costs (2e). $ : Guidelines from above with all but 29 days stayed, pending successful completion of probation that includes alcohol and other drug treatment. ** If separate finding of a refusal, 3 years revocation of operating privileges and 120 day waiting period for an occupational.
7 SEVENTH JUDICIAL ADMINISTRATIVE DISTRICT OWI SENTENCING GUIDELINES FFEITURE COSTS & SURCHARGES FFEITURE COSTS & SURCHARGES Driver Improvement Surcharge (D.I.S.) $435 Justice Information Surcharge Court Costs $25 Crime Lab Surcharge (C.L.D.S.) Court Support Surcharge $68 Surcharge (J.S.) Greater of (1% fine) or $10 Ignition Interlock Surcharge (I.I.D.) $50 Penalty Surcharge (P.S.) (26% of Fine/Forfeiture) Safe Ride Program Surcharge (SRPS) $50 $21.50 $ OWI SENTENCING GUIDELINES CRIMINAL COSTS & SURCHARGES CRIMINAL COSTS & SURCHARGES Driver Improvement Surcharge (D.I.S.) $435 Victim Witness Surcharge (Misdemeanor) Court Costs $163 Crime Lab Surcharge (C.L.D.S.) Ignition Interlock Surcharge (I.I.D.) $50 Surcharge (J.S.) Greater of (1% fine) or $10 Penalty Surcharge (P.S.) (26% of Fine/Forfeiture) 0.26 DNA Surcharge (Misdemeanor) Safe Ride Program Surcharge (SRPS) $50 $67 $13 $200 This copy of the Sentencing Guidelines provided as a public service by Attorney Charles Kenyon, Madison, Wisconsin. Please check with the courts for possible updates
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