What Is a Misdemeanor U in Wisconsin? OWI and Drug Penalties

A Misdemeanor U in Wisconsin is an unclassified misdemeanor. Instead of fitting into the state’s Class A, B, or C misdemeanor categories with their fixed penalty caps, the offense carries a penalty written directly into the specific statute that defines it. The label shows up most often on second and third OWI charges and on first-offense drug possession, so what you’re actually facing depends entirely on which statute you were charged under.

Why Some Misdemeanors Are Unclassified

Wisconsin’s standard misdemeanor classes, found in Chapters 939 through 951, come with set maximums: up to 9 months and $10,000 for Class A, up to 90 days and $1,000 for Class B, and up to 30 days and $500 for Class C.1Wisconsin State Legislature. Wisconsin Code 939.51 – Classification of Misdemeanors Many Wisconsin crimes, though, live outside those chapters, especially in the traffic code and the controlled substances code. When a misdemeanor sits outside the classification system, it’s unclassified, and the “U” shows up on court records and background checks to flag that.

If a statute creates an unclassified misdemeanor without stating any penalty at all, Wisconsin fills the gap with a default of up to 30 days in jail, a $500 fine, or both.2Wisconsin State Legislature. Wisconsin Code 939.61 – Penalty When None Expressed That almost never matters in practice because the common Misdemeanor U offenses spell out their own penalties.

Which Charges Carry the “U” Label

The offenses most often marked Misdemeanor U include:

  • Second-offense OWI. A first OWI in Wisconsin is a civil forfeiture, not a crime; criminal penalties start at the second offense.3Wisconsin State Legislature. An Overview of Wisconsin OWI Law
  • Third-offense OWI. Still a misdemeanor, with significantly higher penalties. A fourth or later OWI becomes a felony.
  • First-offense marijuana (THC) possession.
  • First-offense cocaine or cocaine base possession.
  • Boating while intoxicated.

One boundary worth knowing: Wisconsin’s “absolute sobriety” rule for drivers under 21, triggered by any detectable alcohol, is a civil forfeiture with a $200 fine, not a Misdemeanor U.4Wisconsin Department of Transportation. OWI Penalty Charts An underage driver at 0.08 or above faces the same criminal OWI provisions as any other driver.

OWI Penalties

Second-Offense OWI

The penalty depends on whether your prior OWI conviction fell inside a 10-year window:

That 10-year window separates a fine-only outcome from a potential six months in jail. Some counties allow a reduced minimum jail sentence if you complete probation with alcohol and drug treatment.6Wisconsin State Legislature. Wisconsin Statutes 346.65

Third-Offense OWI

A third OWI carries a $600 to $2,000 fine and 45 days to one year in jail.6Wisconsin State Legislature. Wisconsin Statutes 346.65 There is no no-jail track. In counties offering the probation-with-treatment alternative, the 45-day minimum can drop to 14 days, but some confinement is required.

The Driver Improvement Surcharge

Every OWI conviction adds a $535 driver improvement surcharge on top of the base fine and other court costs.7Wisconsin State Legislature. Wisconsin Statutes 346.655 A second-offense fine of $350 passes $900 before anything else is added.

Drug Possession Penalties

First-offense possession penalties depend on the substance:

A second drug possession offense of either substance becomes a Class I felony punishable by up to 3.5 years in prison. The statute counts any prior drug-related conviction, felony or misdemeanor, under Wisconsin law or any other state’s law, as a qualifying prior.8Wisconsin State Legislature. Wisconsin Statutes 961.41(3g)(e) A prior marijuana misdemeanor followed by a cocaine charge produces a felony, not another misdemeanor.

License Revocation and Ignition Interlock

A second OWI brings license revocation, and a third brings a longer revocation period. Every repeat OWI offender must install an ignition interlock device (IID), which requires a breath test before the vehicle will start. The IID restriction runs a minimum of 12 months, with the exact length set by the court, and you lease the device at your own expense.10Wisconsin Department of Transportation. Ignition Interlock Device (IID)

A drug possession conviction can trigger a driver’s license suspension of up to five years, even when the offense had nothing to do with driving.

Long-Term Record Consequences

A Misdemeanor U conviction creates a permanent criminal record. Federal law places no time limit on how long a conviction can appear on a background check, so an OWI or possession conviction from decades ago can still surface when an employer, landlord, or licensing board runs a search. Professional licensing boards in nursing, teaching, and law may weigh misdemeanor convictions when reviewing applications, and jobs involving driving, controlled substances, or vulnerable populations tend to scrutinize these charges closely.

A standard Misdemeanor U for OWI or drug possession does not trigger the federal firearm ban. That ban applies to a “misdemeanor crime of domestic violence,” which requires the use or attempted use of physical force against a protected domestic partner or family member.11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A Misdemeanor U battery or disorderly conduct charge involving a domestic relationship would fall under the ban, which lasts indefinitely.12Legal Information Institute. 18 USC 921(a)(33) – Misdemeanor Crime of Domestic Violence

Travel to Canada is another area to plan around. Under Canada’s Immigration and Refugee Protection Act, a DUI or OWI conviction can make you criminally inadmissible because the equivalent Canadian offense is treated as an indictable crime. Any alcohol-related driving or boating conviction can qualify, and crossing the border may require a Temporary Resident Permit or waiting until you qualify for criminal rehabilitation.

Federal student aid is one area where a drug conviction no longer matters. A marijuana or cocaine possession conviction will not block federal grants or loans.13Federal Student Aid. Eligibility for Students With Criminal Convictions

Can a Misdemeanor U Be Expunged?

Wisconsin expungement is narrow. You must have been under 25 when you committed the offense, and the charge must carry a maximum sentence of six years or less. The court has to order expungement at sentencing; you cannot come back later and ask for it.14Wisconsin State Legislature. Wisconsin Statutes 973.015 The judge grants it only if satisfied that you’ll benefit and society won’t be harmed.

Even an expungement order doesn’t take effect right away. You must finish your entire sentence, including probation, without revocation or a new conviction. Once you complete everything, your probation or detention authority issues a certificate of discharge that triggers the expungement.14Wisconsin State Legislature. Wisconsin Statutes 973.015 Most Misdemeanor U offenses meet the six-year ceiling, but the age cutoff rules out anyone who was 25 or older at the time of the offense, regardless of the circumstances.