What Are the Penalties for a Felony OWI in Wisconsin?

 Posted on November 08, 2021 in DUI/OWI

Drunk or intoxicated driving is taken very seriously by law enforcement officials. A person who is arrested and charged with operating while intoxicated (OWI) can face serious consequences, including the requirement to pay fines and court costs, as well as the loss of their driver’s license for a significant period of time. In some cases, a person may also be sentenced to time in prison. There are certain circumstances where OWI may be charged as a felony, and a person will face even more serious penalties. An experienced attorney can help determine the best defense strategy in felony OWI cases.

Felony Drunk Driving Charges

In Wisconsin, a first-time OWI is a civil infraction rather than a criminal charge, and a second or third OWI is a misdemeanor, although a third OWI may be charged as a felony if a minor under the age of 16 was in the vehicle. Any subsequent OWI will be charged as a felony. A fourth OWI is a Class H felony, and a conviction can result in a prison sentence of 60 days to six years, as well as a fine of $600 to $10,000. A fifth or sixth OWI is a Class G felony, and a person who is convicted may be sentenced to between one and 10 years in prison and fined between $600 and $25,000. A seventh, eighth, or ninth OWI is a Class F felony that can result in a sentence between three and 12.5 years and a fine of up to $25,000. A tenth or subsequent OWI is a Class E felony, and a person may receive a sentence of four to 15 years and be fined up to $50,000.

Felony OWI charges may also apply in cases where a person was involved in an accident that resulted in injuries to others. While a first offense of causing injury while OWI will be charged as a misdemeanor, a person may be charged with a Class H felony if they had previously been convicted of OWI or had refused a chemical blood alcohol test after being arrested on suspicion of drunk driving. If a person caused great bodily harm to someone else, meaning that the victim suffered an injury that put them at significant risk of death, caused disfigurement, or resulted in the loss of a body part or organ, Class F felony charges will apply. An OWI that results in a person’s death may be charged as a Class D felony, which can result in a prison sentence of up to 25 years and a fine of up to $100,000. If a person had a previous OWI conviction or chemical test refusal, a charge of homicide while OWI is a Class C felony, and a person may be sentenced to up to 40 years in jail.

Contact Our Racine County Felony OWI Defense Lawyers

The penalties for a felony drunk driving charge can be severe. At Bucher Law Group, LLC, we can provide representation in cases involving any types of OWI charges, and we will help you determine your best options for defense. Contact our Jefferson County OWI defense attorneys at 262-303-4916 to schedule a free consultation and get the legal help you need.

Sources:

https://wisconsindot.gov/documents/safety/education/drunk-drv/owi-penchrt.pdf

https://docs.legis.wisconsin.gov/statutes/statutes/346/x/63

https://docs.legis.wisconsin.gov/misc/lrb/lrb_reports/lrb_reports_2_8.pdf