DWI Statute

In the state of Wisconsin, an operation while intoxicated offense is:

Wisconsin State Legislature, Statute 346.63 

Typical Sentencing for First Offense

Jail No
Fines $150-$300


  • Surcharge of $345
License Suspension 6 months to 9 months
Interlock Ignition Device (IID) 1 year (if AC is 0.15 or more)
Probation Up to 5 years

Alternative Resolutions

These can reduce your sentence and in some cases lead to no conviction which are called conditional discharge. Admissibility remains unavailable until completion and in the interim of these alternative programs.

Availability for OWI Yes
Title Deferred Prosecution Program
General info
  • While Wisconsin’s deferred prosecution program is open to both adult and juvenile offenders, the state does not consider a first-time DUI to be a criminal offense if there were no passengers under the age of 16 in the car at the time of the incident
  • Subsequent DUI offenses are considered criminal offenses, but they do not qualify for deferred prosecution

Background checks

Pleading Down

Pleading guilty to some offenses is not equivalent to a crime in Canada, therefore it does not result in inadmissibility. Your lawyer could argue for a traffic violation or highway obstruction to contest a DUI/DWI which do not result in inadmissibility to Canada. Not all plea bargains will ensure admissibility.

Availability for OWI Yes
Possible plea(s) Intoxication or traffic infractions such as speeding or illegal lane changes

Expungement & Pardons

This allows your criminal record to be cleared. DUI convictions are eligible for expungements after the completion of the sentence, provided that there are no other charges pending against the offender.

Availability for OWI No
General info
  • Misdemeanor and minor felony convictions may be expunged only if committed before age 25, and only if the court authorizes at the time of sentencing
  • Deferred prosecution in domestic violence and some sex offense cases may lead to dismissal of charges, no conviction
  • Juvenile expungement upon reaching age 17 with finding of offender benefit and no harm to society

 Application Links

If inadmissibility to Canada cannot be avoided, these are the remedies offered:

FWCanada free consultation offer

At FWCanada, we are happy to offer free consultation to promptly provide honest assessment of your case and chances of success. As one of the leading immigration law firms in the country specializing in criminal inadmissibility, we have extensive experience in handling a wide range of cases. We prioritize detailed review of each client’s case to optimise application approval.

Please call on our toll free number: +1 (855) 316 3555 to ask all your burning questions and remedy confusions, because providing honest and accurate advice is our ethos.

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