Drink-driving limits in Wisconsin (2026)
Last reviewed: 29 October 2026
In short: State drink-driving rules for this state have not yet been verified.
| Rule | What applies |
|---|---|
| Random breath tests without suspicionDriving after drinking alcohol | ⚠ Not yet verified |
| Blood alcohol limit for ordinary driversDriving after drinking alcohol | 0.08 % blood alcohol [1] |
| Lower limit for novice or young driversDriving after drinking alcohol | Under the legal drinking age (21): not allowed to drive with an alcohol concentration of more than 0.0 up to 0.08; the operating privilege is suspended. [2] |
| Limit for professional or commercial driversDriving after drinking alcohol | A commercial motor vehicle driver may not drive with an alcohol concentration of 0.04 or more but less than 0.08; any alcohol concentration above 0.0 is prohibited while on duty time. [2] |
| Maximum penaltiesDriving after drinking alcohol | A first offence is a civil forfeiture of $150 to $300. Second offence: a fine of $350 to $1,100 and 5 days to 6 months in prison. Third: $600 to $2,000 and 45 days to one year. Fourth: a class H felony; tenth or later: a class E felony. [3] |
Notes
- Not yet verified against the state's official statutes.
- For a driver with two or fewer prior convictions, suspensions or revocations. With three or more, or under an ignition interlock order, the prohibited concentration is more than 0.02.
Sources
- Wisconsin Legislature: Wisconsin Legislature: 340.01(46m) prohibited alcohol concentration (Internet Archive snapshot of December 2025) (consulted 29 October 2026) · all sources
- Wisconsin Legislature: Wisconsin Legislature: 346.63 (Internet Archive snapshot of 20 December 2025) (consulted 29 October 2026) · all sources
- Wisconsin Legislature: Wisconsin Legislature: 346.65 (Internet Archive snapshot of 17 November 2025) (consulted 29 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Limit for professional or commercial drivers | 0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register)) |
|---|
Wisconsin and neighbouring states
| State | Blood alcohol limit for ordinary drivers | Lower limit for novice or young drivers | Limit for professional or commercial drivers | Random breath tests without suspicion | Maximum penalties |
|---|---|---|---|---|---|
| Wisconsin | 0.08% | Zero (under 21) | 0.04% (commercial vehicle) | ⚠ Not yet verified | 1st: $150-$300 forfeiture |
| Iowa | 0.08% | 0.02% (under 21) | 0.04% (commercial) | ⚠ Not yet verified | Min. 48 hours jail; $1,250 fine |
| Illinois | 0.08% | Zero (under 21) | 0.04% (commercial vehicles) | ⚠ Not yet verified | Class A misdemeanor (1st) |
| Michigan | 0.08% | Any alcohol (under 21) | 0.04% (commercial vehicle) | ⚠ Not yet verified | Up to 15 yrs / USD 10,000 (death) |
| Minnesota | 0.08% | Any alcohol, under 21 | 0.04% (commercial vehicle) | ⚠ Not yet verified | Up to 7 years, $14,000 (felony) |
More rules in Wisconsin
- CannabisPossession for personal use: Criminal offence (misdemeanour, then felony) · Growing at home: No (felony)
- Car speed limitsBuilt-up areas: 25 mph; 35 mph outlying · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (probationary licence) · Earliest age to drive a car supervised: 15 (instruction permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class 3: 16
- FireworksConsumers may buy and use category F2 fireworks: Yes, with a municipal permit
- Knives and pepper sprayFolding pocket knives: Knives excluded from concealed-carry ban · Locking or one-handed knives: Any knife excluded
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $7.25 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (texting only) · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.