How § 343.307(1) cross-counts Illinois DUI
Wisconsin Statute § 343.307(1) establishes the master list of "counted priors" for Wisconsin OWI charging. The list includes:
- Wisconsin OWI convictions (including 1st-offense civil forfeitures)
- Wisconsin refusal revocations under § 343.305
- Wisconsin homicide by intoxicated use convictions under § 940.09
- Wisconsin OWI causing injury convictions under § 940.25
- Out-of-state convictions under § 343.307(1)(d) for the conduct that subsection lists, "as those or substantially similar terms are used in that jurisdiction's laws"
- Out-of-state suspensions and revocations, but only those "arising out of a refusal to submit to chemical testing" (§ 343.307(1)(e))
The standard Illinois DUI conviction under 625 ILCS 5/11-501 meets the substantially-similar test and counts as a Wisconsin prior. The nuance is in the dispositions that look similar but legally are not.
What counts vs. what doesn't (Illinois dispositions)
| Illinois disposition | Wisconsin treatment under § 343.307(1) |
|---|---|
| 625 ILCS 5/11-501 DUI conviction | Counts. Substantially similar to § 346.63(1) Wisconsin OWI. |
| Statutory summary suspension arising from a refusal | Counts under § 343.307(1)(e), which reaches out-of-state suspensions or revocations "arising out of a refusal to submit to chemical testing." |
| Statutory summary suspension arising from a failed test, with the DUI dismissed | Does not fit § 343.307(1)(e), which is refusal-only. It may still be reachable as a "conviction" under § 343.307(1)(d) if an authorized tribunal determined the person violated the law (compare State v. Carter, 2010 WI 132). Fact-specific. |
| Court supervision (730 ILCS 5/5-6-3.1), even successfully completed | Counts. State v. List, 2004 WI App 230: Illinois court supervision "is a conviction that is counted as a prior offense under sub. (1)(d)," because Wis. Stat. § 340.01(9r) supplies the definition of "conviction," not Illinois law. |
| Reckless driving (reduction from DUI, no alcohol element) | Does NOT count. State v. Jackson, 2014 WI App 50: every term in § 343.307(1)(d) "relates in some way to a person operating a motor vehicle with either drugs or alcohol, or both," and "[t]hat critical aspect is completely absent from the reckless driving offense." |
| Under-21 zero-tolerance disposition | Counts. State v. Carter, 2010 WI 132, held Illinois zero-tolerance suspensions countable under § 343.307(1)(d). Note the asymmetry: a Wisconsin absolute-sobriety conviction under § 346.63(2m) does not count, and State v. Hirsch, 2014 WI App 39, held that difference constitutional. |
The 10-year period matters, and only at one tier
The “within a 10-year period” language appears only in § 346.65(2)(am)2, the 2nd-offense tier. For a charged 3rd, 4th, 5th, 6th, 7th, 8th, 9th, or 10th-or-subsequent Wisconsin OWI, the corresponding subdivision contains no time period at all, so every qualifying Illinois DUI prior counts. A 1992 Illinois DUI conviction is the same as a 2024 one for charging a Wisconsin 4th-offense Class H felony.
This is the single most common misunderstanding among Illinois clients: the "fresh start" or "clean for 10 years" assumption is correct only for the 2nd-offense tier. Above that, the count is lifetime.
Why the Illinois-prior audit is high-leverage
Striking a single Illinois prior drops the Wisconsin charging tier:
- 2nd → 1st: removes mandatory 5-day jail, $350-$1,100 fine, 12-18 month revocation, IID. Wisconsin is the only state where the 1st offense is a civil forfeiture rather than a misdemeanor; this drop eliminates the criminal record entirely.
- 3rd → 2nd: removes mandatory 45-day jail, eliminates BAC fine multiplier under § 346.65(2)(g), shortens revocation.
- 4th → 3rd: removes the felony designation entirely. Eliminates lifetime federal firearm ban (18 U.S.C. § 922(g)(1)), voting rights suspension, and immigration consequences.
- 5th → 4th: drops a Class G felony (max 10 years) to a Class H felony (max 6 years). Removes 18-month mandatory initial confinement.
Defense workflow on Illinois priors
- Obtain certified records from the Illinois county circuit court that handled the original DUI. The Illinois Secretary of State driving record summary is not sufficient; we need the underlying court file.
- Audit the disposition. Was it a 625 ILCS 5/11-501 conviction, a court supervision under 730 ILCS 5/5-6-3.1, a reduced reckless driving, or a statutory summary suspension only?
- Check the date. For 2nd-offense Wisconsin charging, is the Illinois prior inside or outside the 10-year period? Section 346.65(2c) measures it from the dates of the refusals or violations that resulted in the revocations or convictions, not the conviction dates.
- Audit the underlying plea for a right-to-counsel problem. State v. Hahn, 2000 WI 118, permits a collateral attack on a prior conviction inside the enhancement proceeding only where the offender alleges that the constitutional right to a lawyer was violated in the prior case. Other defects have to be litigated somewhere else first, and a win there can then reopen the enhanced sentence.
- File the motion to strike. The state bears the burden of proving each prior. A successful strike drops the Wisconsin tier.
By the numbers: Wisconsin / Illinois cross-state OWI traffic
- 22,145 Illinois DUI arrests in 2024 (Illinois Secretary of State, 2025 Illinois DUI Fact Book). Companion data: "90% of all eligible drivers arrested for DUI lost their driving privileges" via statutory summary suspension; court dispositions = 35% DUI conviction / 61% court supervision / 4% other.
- 25,066 Wisconsin OWI convictions in 2024 (WisDOT, Traffic Convictions Entered on Driver Record File). For Illinois drivers crossing into Wisconsin and getting an OWI, this is the prosecution-side counterpart to Illinois's own 22,145 DUI arrests.
- Court supervision is the most common Illinois DUI disposition (61%), which is exactly why State v. List, 2004 WI App 230, matters so much on this border. Court supervision counts as a Wisconsin prior under § 343.307(1)(d) even when successfully completed. A large share of Illinois drivers arrive in a Wisconsin courtroom believing they have no prior at all.
Sources: Illinois Secretary of State 2025 Illinois DUI Fact Book · WI DOT Traffic Convictions 10-year summary
Border-county OWI is our daily practice. Pleasant Prairie, Twin Lakes, Lake Geneva, Fontana, and the I-94 corridor through Kenosha County see a high volume of Illinois-resident OWI defendants. We also handle Illinois-prior cases originating in Racine County. We audit every Illinois prior on day one and coordinate with Illinois counsel when the home-state consequences matter. Call (262) 632-5000 24/7. Hablamos español. For the broader two-state strategy framework, see our out-of-state driver guide.
