Statute of limitations for DUI in Wisconsin

Rule or statute summary

In Wisconsin, the statute of limitations (SOL) for bringing a criminal charge (including DUI-related prosecutions) is generally governed by the state’s general criminal limitations statute—unless a specific sub-rule applies.

For DUI, DocketMath uses the general/default period because the jurisdiction data provided does not identify a DUI-specific limitations subsection. In other words, this calculation relies on the base default rule under Wisconsin law rather than a charge-type-specific DUI rule.

General/default SOL period used for DUI: 6 years
Applicable general statute: **Wis. Stat. § 939.74(1)

Important note (scope of this guide): Wisconsin’s SOL rules can involve additional doctrines (for example, certain delays, tolling, or procedural rules). This article focuses on the base limitations period under Wis. Stat. § 939.74(1) as provided in the jurisdiction data—not every fact pattern that could extend or affect timing.

What the “6-year” rule is used for

Practically, the SOL question is: How long can the State wait to initiate prosecution after the offense occurred? If the State starts prosecution after the relevant SOL window, the defense may raise a limitations objection.

What changes the output (high level)

When you use DocketMath’s statute-of-limitations calculator, the core inputs determine whether the prosecution date falls inside or outside the base 6-year period:

• Offense/incident date (typically the date of the alleged DUI event)
• Analysis date (the date you want to evaluate—often “today,” but you can test other dates)
• SOL basis (here, General/default = 6 years)

As you move the analysis date forward past the 6-year anniversary of the offense date, the result will typically shift from within SOL to outside SOL, subject to potential case-specific issues not captured by the base-period-only approach.

Citations

• Wis. Stat. § 939.74(1) — provides the general criminal statute of limitations used here
  Source: https://codes.findlaw.com/wi/crimes-ch-938-to-951/wi-st-939-74/

Use these sources to confirm the authoritative text before finalizing the calculation.

• Wis. Stat. § 893.54

If an assumption is uncertain, document it alongside the calculation so the result can be re-run later.

General/default period used for DUI

• No DUI-specific sub-rule was found in the jurisdiction notes provided.
• Therefore, this post uses the general rule in Wis. Stat. § 939.74(1) as the default.

Use the calculator

Use DocketMath’s statute-of-limitations calculator to apply the base 6-year SOL period from Wis. Stat. § 939.74(1).

Calculator link: ** /tools/statute-of-limitations

Run the Statute Of Limitations calculation in DocketMath, then save the output so it can be audited later: Open the calculator.

Inputs to enter

How the output changes

Using only the base rule:

• If the analysis date is before the date that is 6 years after the incident date, the case is generally within the base SOL window.
• If the analysis date is on or after that 6-year anniversary, the case is generally outside the base SOL window.

Example timeline (base rule only)

If the alleged DUI incident occurred on January 10, 2020, then:

• Base SOL start: January 10, 2020
• Base SOL end (6 years later): January 10, 2026

So:

• January 9, 2026 → within base SOL
• January 10, 2026 → at/after base SOL expiration
• January 11, 2026 → outside base SOL

Gentle disclaimer: SOL results can be affected by facts and procedural events (including doctrines like tolling) that may not be reflected in a base-period calculator. This tool is best used as a starting point for timeline planning, not as a substitute for case-specific legal review.

Practical use tip

When you’re evaluating a DUI SOL issue in Wisconsin, make sure you align the timeline to the prosecution trigger the tool uses—often the date the State initiates prosecution (for example, when charging is filed), not just the incident date—since SOL disputes frequently turn on the “charging” timeline.

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator