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Wisconsin Statutes § 346.65

Penalty for violating sections 346.62 to 346.64.

Wisconsin OWI statute · Checked against the official text September 10, 2026 · How we research and review these pages

What this section governs

Penalties for OWI and the other §§ 346.62–346.64 offenses: the forfeiture, fine, jail and felony tiers, and how priors count.

Plain-language summary

Section 346.65 is a sentencing section: it fixes what a conviction under ss. 346.62 to 346.64 costs, not what those offenses require. Subsection (2) is the ladder for a violation of s. 346.63 (1), the OWI offense, whose elements and alcohol-concentration thresholds are in that other section rather than this one. A first offense is a forfeiture of $150 to $300, with no fine or jail term prescribed at that tier except as par. (f) provides for a minor passenger. A second offense — reached when convictions under ss. 940.09 (1) and 940.25 in the person's lifetime plus the suspensions, revocations and other convictions counted under s. 343.307 (1) within a 10-year period equal 2 — carries a $350 to $1,100 fine and 5 days to 6 months of imprisonment. That 10-year qualifier appears at the second-offense tier and nowhere else in the ladder: subds. 3. through 7. count the same s. 343.307 (1) suspensions, revocations and convictions without stating any time window at all, with the result that a prior too old to make an offense a second offense still counts toward the third-and-above tiers. A count of 3 carries a $600 to $2,000 fine and 45 days to one year in the county jail. Within par. (am) the section assigns no offense class below a count of 4; from there it is a felony ladder. A count of 4 is a Class H felony with a fine of at least $600 and at least 60 days; a count of 5 or 6 is a Class G felony with a fine of at least $600 and a bifurcated sentence whose confinement portion is at least one year and 6 months, which the court may set lower if it finds the best interests of the community are served and the public will not be harmed and places its reasons on the record; a count of 7, 8 or 9 is a Class F felony with at least 3 years of confinement; and a count of 10 or more is a Class E felony with at least 4 years. Suspensions, revocations or convictions arising out of the same incident or occurrence count as one. The reduced-minimum options in pars. (bm), (cm) and (dm) are not statewide: they apply only in a county that opts to offer a shorter minimum for completing a probation period that includes alcohol and other drug treatment. Where a county does, those paragraphs keep the pars. (am) 2., 3. and 4. fines and reset the imprisonment — not less than 5 days at a count of 2, or not less than 5 nor more than 7 days if the person completes that probation; not less than 45 days at a count of 3, or 14 days on completion; not less than 60 days at a count of 4, or 29 days on completion — and a person may be sentenced under any one of them, or under the equivalent paragraphs the statute cross-references, only once in a lifetime. Paragraph (f) imposes a $350 to $1,100 fine and 5 days to 6 months where a minor passenger under 16 was in the vehicle, and otherwise doubles the par. (am) 2. to 7. minimum and maximum fines and imprisonment, making an offense that would fall under par. (am) 3. through 7. a felony when such a passenger was present. Paragraph (g) multiplies fines and nothing else: an alcohol concentration of 0.17 to 0.199 doubles, 0.20 to 0.249 triples, and 0.25 or above quadruples the fines under pars. (am) 3. to 5. only — it leaves every jail and confinement term untouched, and it does not reach a first or second offense. Subsection (2c) measures the counting period from the dates of the refusals or violations that resulted in the revocations or convictions, and makes a local-ordinance or other-state suspension, revocation or conviction that would be counted under s. 343.307 (1) count as a prior. Subsection (7) requires a person convicted under sub. (2) (am) 2. through 7. to remain in the county jail for at least a 48-consecutive-hour period. The felony classes name no maximum fine or prison term: those ceilings are set elsewhere in the statutes, not here. The text quoted below is the 2023-24 Wisconsin Statutes as updated through 2025 Wis. Act 247 and published and certified on September 4, 2026; the section's own history line lists its amending acts without effective dates, so this page cites that compilation date rather than an effective date for any single amendment.

Official text (excerpt)

346.65 Penalty for violating sections 346.62 to 346.64.

[…] (2) (am) Any person violating s. 346.63 (1): 1. Shall forfeit not less than $150 nor more than $300, except as provided in subds. 2. to 7. and par. (f). 2. Except as provided in pars. (bm) and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. 3. Except as provided in pars. (cm), (f), and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 45 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. 4. Except as provided in pars. (dm), (f), and (g), is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less than 60 days if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. 5. Except as provided in pars. (f) and (g), is guilty of a Class G felony and shall be fined not less than $600 if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one. The court shall impose a bifurcated sentence under s. 973.01, and the confinement portion of the bifurcated sentence imposed on the person shall be not less than one year and 6 months. The court may impose a term of confinement that is less than one year and 6 months if the court finds that the best interests of the community will be served and the public will not be harmed and if the court places its reasons on the record. 6. Except as provided in par. (f), is guilty of a Class F felony if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. The court shall impose a bifurcated sentence under s. 973.01 and the confinement portion of the bifurcated sentence imposed on the person shall be not less than 3 years. 7. Except as provided in par. (f), is guilty of a Class E felony if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. The court shall impose a bifurcated sentence under s. 973.01 and the confinement portion of the bifurcated sentence imposed on the person shall be not less than 4 years. (bm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime. (cm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 45 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 14 days. A person may be sentenced under this paragraph or under par. (bm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime. (dm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 4., but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime. (f) 1. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1), the person shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months, except as provided in subd. 2. 2. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1), the applicable minimum and maximum fines and imprisonment under par. (am) 2. to 7. for the conviction are doubled. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (am) 3., 4., 5., 6., or 7. when there is a minor passenger under 16 years of age in the motor vehicle is a felony and the place of imprisonment shall be determined under s. 973.02. (g) 1. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under par. (am) 3. to 5. are doubled. 2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under par. (am) 3. to 5. are tripled. 3. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under par. (am) 3. to 5. are quadrupled.

[…] (2c) In sub. (2) (am) 2., 3., 4., 5., 6., and 7., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 5., 6., and 7.

[…] (7) A person convicted under sub. (2) (am) 2., 3., 4., 5., 6., or 7. or (2j) (am) 2. or 3. shall be required to remain in the county jail for not less than a 48-consecutive-hour period.

[…] History: 1971 c. 278; 1973 c. 218; 1977 c. 193; 1979 c. 221; 1981 c. 20; 1985 a. 80, 337; 1987 a. 3, 27, 398, 399; 1989 a. 105, 176, 271; 1991 a. 39, 251, 277, 315; 1993 a. 198, 317, 475; 1995 a. 44, 338, 359, 425; 1997 a. 27, 135, 199, 237, 277, 283, 295; 1999 a. 32, 109; 2001 a. 16 ss. 3443k, 4060gm, 4060hw, 4060hy; 2001 a. 109; 2003 a. 33, 97, 139, 326; 2005 a. 149, 317, 389; 2007 a. 97, 111; 2009 a. 100, 180; 2011 a. 258; 2013 a. 39, 224; 2015 a. 55, 371; 2017 a. 34, 363; 2019 a. 106; 2021 a. 115; 2021 a. 240 s. 30; 2023 a. 9, 159.

[…] 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on September 4, 2026. Published and certified under s. 35.18. Changes effective after September 4, 2026, are designated by NOTES. (Published 9-4-26)

Source: Wisconsin Legislative Reference Bureau, accessed September 10, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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