Drunk Driving Penalties for Midwest States

Posted on behalf of Jeff Pitman on September 18, 2009 in Drunken Driving Accidents
Updated on April 24, 2024

Wisconsin State Journal writer Jason Stein posted the criminal status for drunken driving in the surrounding midwest states. They are as follows:


First and second offenses are class A misdemeanors, third and subsequent offenses are class 4 felonies


First offense is serious misdemeanor, second offense within 12 years is aggravated misdemeanor, third or subsequent offense is class D felony


First and second offenses are misdemeanors, third or subsequent offenses within 10 years are felonies


Fourth-degree drunk driving (no aggravating factors): Misdemeanor

Third-degree drunk driving (one aggravating factor): Gross misdemeanor

Second-degree drunk-driving (two aggravating factors): Gross misdemeanor

First-degree drunk driving (three or more aggravating factors): Felony

Aggravating Factors: (1) any prior drunk-driving offense; (2) driving with an alcohol concentration higher than 0.20; or, (3) driving with a passenger less than 16 years old if the passenger is more than 36 months younger than the driver.


First offense is a municipal offense; the second through fourth offenses are misdemeanor, and the fifth and subsequent are a Class H felony which is punishable by a fine not to exceed $10,000 or a term of imprisonment not to exceed 6 years, or both.


If you are injured in a Milwaukee car accident that was caused by a drunk driver, you may be eligible for compensation. To learn more about your options, contact a personal injury attorney at PKSD for your free case review. Ph: 414-333-3333 .

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