Felony OWI Charges in Wisconsin
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Madison, WI Felony OWI Defense Attonreys
Facing a Felony OWI in Wisconsin: What You Need to Know
A fourth or subsequent OWI (Operating While Intoxicated) in Wisconsin is classified as a felony, carrying severe legal and personal consequences. By the fourth offense, an OWI escalates from a misdemeanor to a Class H felony, punishable by up to six years in prison. Additionally, an OWI involving injury may also result in felony charges, even for a first offense.
At DK Anderson, S.C., we understand that a felony OWI conviction can affect every aspect of your life, from your freedom and finances to your ability to work and drive legally. With 10 years of courtroom experience, our firm specializes in aggressive felony OWI defense to fight for reduced penalties, dismissed charges, or alternative sentencing options.
Wisconsin Felony OWI Penalties
The penalties for a felony OWI conviction increase with each offense.
Fourth Offense OWI (Class H Felony)
- Jail/Prison Time: Minimum 60 days in jail, up to 6 years in prison
- Fines: $600 – $10,000
- License Revocation: Up to 36 months unless last offense was within 15 years, then permanent.
- Ignition Interlock Device (IID): Up to 3 years
- Mandatory AODA (Alcohol and Other Drug Assessment)
- Loss of Firearm & Voting Rights – A fourth OWI conviction makes you a felon, meaning you cannot own a firearm or vote until your sentence is completed
Fifth & Sixth Offense OWI (Class G Felony)
- Jail/Prison Time: Mandatory minimum 1 year initial confinement with a presumptive minimum of 18 months, up to 10 years imprisonment
- Fines: $600 – $25,000
- License Revocation: Up to 36 months unless last offense was within 15 years, then permanent.
- Mandatory IID: Up to 36 months
- Mandatory AODA assessment
Seventh, Eighth, & Ninth Offense OWI (Class F Felony)
- Jail/Prison Time: Minimum 3 years initial confinement, up to 12.5 years imprisonment
- Fine: Up to $25,000
- License Revocation: Up to 36 months unless last offense was within 15 years, then permanent.
- Mandatory IID: Up to 36 months
- Mandatory AODA assessment
These penalties increase even further for a tenth or greater OWI offense, which is classified as a Class E Felony, carrying even longer prison sentences and harsher fines.
Top-Rated Madison, WI Felony OWI Lawyers
The .02 BAC Limit After a Third OWI Conviction
After a third OWI conviction, Wisconsin law imposes a strict .02 blood alcohol concentration (BAC) limit—significantly lower than the standard .08 BAC applied to most drivers.
- Consuming even one drink could put you over the legal limit.
- If an officer smells alcohol in your vehicle, you may be subjected to field sobriety and BAC tests.
- Violating the .02 BAC restriction leads to an immediate OWI arrest and potential felony charges.
Given the narrow margin for error, understanding how this rule applies to your driving privileges is critical after a third OWI conviction.
How DK Anderson, S.C. Fights Felony OWI Charges
A felony OWI arrest does not mean an automatic conviction. Our legal team focuses on:
- Challenging the Traffic Stop – Did law enforcement have probable cause to pull you over?
- Disputing BAC & Chemical Tests – Were the breathalyzer or blood tests improperly conducted?
- Examining Procedural Violations – Did the arresting officer violate your constitutional rights?
- Negotiating Alternative Sentencing – We advocate for probation, conditional jail time, and treatment programs where possible.
Our goal is to reduce or dismiss charges, minimize jail time, and protect your future.
Why Choose DK Anderson, S.C. for Felony OWI Defense?
✔ 10+ Years of Courtroom Experience – We know Wisconsin OWI laws inside and out.
✔ Aggressive & Strategic Defense – We challenge evidence and fight for reduced penalties.
✔ Proven Track Record – Our clients trust us to deliver results in high-stakes felony OWI cases.
Take Action Now – Free Consultation
A felony OWI conviction can change your life permanently. Don’t wait—contact DK Anderson, S.C. today to start building your defense.
📞 Call (608) 204-5807 for a confidential case review.Yes. A fourth OWI in Wisconsin is classified as a Class H felony, punishable by up to 6 years in prison and permanent driver’s license revocation.
In some cases, yes. A strong legal defense may lead to: Reduced charges (felony to misdemeanor), Deferred sentencing options, Treatment-focused alternatives to incarceration.
Wisconsin law mandates at least 60 days in jail for a fourth OWI conviction. The maximum term of imprisonment is six years.
After a third OWI conviction, your legal BAC limit drops to .02—making it much easier to face another OWI charge.
In some cases, yes. If your previous offense is more than 15 years ago, you can get an occupational license after the waiting period. If your previous offense was with in 15 years, you have to wait 10 years before applying for an occupational license.
A conviction for a 5th or 6th offense OWI in Wisconsin will result in a presumptive prison sentence of 18 months with a mandatory sentence of no less than 12 months.
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
Drug Charges
Our Wisconsin Drug charge attorneys know the law and how to apply that law in the court room.
Domestic Violence
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.