What Is the Legal Bac Limit in Wisconsin

What Is the Legal BAC Limit in Wisconsin?

Driving under the influence of alcohol is a serious offense that poses a significant risk to both the driver and others on the road. To ensure road safety, every state in the United States establishes a legal blood alcohol concentration (BAC) limit. In Wisconsin, like many other states, the BAC limit is set at 0.08%, which means that driving with a BAC level of 0.08% or higher is considered illegal.

Wisconsin’s BAC limit applies to all drivers, regardless of age or license type. It is important to note that commercial drivers and drivers under the age of 21 have lower BAC limits. For commercial drivers, the BAC limit is 0.04%, while for drivers under 21, any detectable amount of alcohol in their system can lead to legal consequences.


1. What happens if I am caught driving with a BAC above the legal limit in Wisconsin?
Driving with a BAC above 0.08% in Wisconsin can result in various penalties, including fines, license suspension, mandatory alcohol education programs, and even jail time.

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2. Can I refuse to take a breathalyzer test in Wisconsin?
Wisconsin has an implied consent law, which means that by obtaining a driver’s license, you have already given consent to take a breathalyzer test. Refusing to take the test can lead to an automatic license suspension.

3. Are there any additional penalties for repeat offenders?
Yes, Wisconsin has strict penalties for repeat offenders, including longer license suspension, mandatory ignition interlock device installation, and increased fines.

4. Can I face legal consequences for driving under the influence of drugs in Wisconsin?
Yes, driving under the influence of drugs is illegal in Wisconsin. The state has a zero-tolerance policy for driving while impaired by any controlled substance.

5. Are there any circumstances that can lead to a lower BAC limit in Wisconsin?
Yes, if you are driving with passengers under the age of 16, the BAC limit is reduced to 0.04%.

6. Can I be arrested for DUI if my BAC is below the legal limit?
Yes, you can still be arrested for DUI in Wisconsin if your driving is impaired by alcohol or drugs, regardless of your BAC level.

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7. Are there any alternative transportation options available?
Yes, Wisconsin has numerous alternative transportation options, including taxis, ride-sharing services, and public transportation.

8. Will a DUI conviction affect my car insurance rates?
Yes, a DUI conviction typically leads to an increase in car insurance rates or even the cancellation of your policy by some insurance providers.

9. Can I request a hearing to contest my license suspension?
Yes, you have the right to request a hearing to contest your license suspension within a specific timeframe after your arrest.

10. How long does a DUI conviction stay on my record in Wisconsin?
A DUI conviction stays on your driving record for ten years in Wisconsin.

11. Can I expunge a DUI from my record?
No, Wisconsin does not allow the expungement of DUI convictions from your record.

12. Can I still face DUI charges if I was not driving my car?
Yes, if you have physical control of a vehicle while intoxicated, you can still face DUI charges in Wisconsin, even if the vehicle is not in motion.

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Understanding and abiding by the legal BAC limit in Wisconsin is crucial for all drivers to ensure road safety and avoid severe legal consequences. It is always best to plan ahead and arrange for alternative transportation if you plan to consume alcohol.