What Penalties Could You Face for a Fourth OWI in Wisconsin?

 Posted on March 24, 2025 in DUI/OWI

In 2022, there were nearly 23,000 convictions for Operating While Intoxicated (OWI) driving offenses. Every two hours across the state, someone is injured or killed in an impaired driving crash. While many of the people charged with OWI learn their lesson and never drive while intoxicated again, others are slower to learn.

Recently, a Madison woman was arrested for her fourth OWI offense after driving off the road and crashing her vehicle. After undergoing field sobriety tests, the woman was arrested for her fourth offense of Operating a Motor Vehicle While Intoxicated (OWI).

While facing the first OWI offense is serious enough, the penalties increase with each subsequent OWI charge. Nobody is in favor of driving under the influence of alcohol or drugs, yet in some cases, an individual does not deserve to be arrested, or the arrest may have been unlawful. The police officer may not have had probable cause to pull a person over or may have denied the person his or her constitutional rights.  

Field sobriety tests can be extremely inaccurate, and a breathalyzer test can be adversely influenced by a number of issues, including the driver’s gender, what he or she ate that day, prescription drugs the driver could be taking, age, and certain medical conditions. If you are facing OWI charges – particularly for a subsequent offense – it is extremely important to speak to an experienced Ozaukee County, WI OWI lawyer.   

What Are the Penalties for Subsequent OWI Convictions?

The penalties for a first OWI in the state are not as harsh as they are in other states. A first OWI conviction can result in a fine between $150 and $300, plus a $435 OWI surcharge, a revocation of the driver’s license for 6-9 months, and either a mandatory ignition interlock device or a one-year 24/7 sobriety program. Penalties for a second OWI are similar to those of a first.

A third OWI conviction, however, can result in fines as large as $2,000, the $435 OWI surcharge, jail time from 45 days to one year, a driver’s license revocation for two to three years plus the length of confinement, a mandatory ignition interlock device, and a one-to-three-year 24/7 sobriety program.

A fourth OWI is escalated from a misdemeanor to a felony (Class H felony) with fines as high as $10,000, between 60 days and six years in jail, a driver’s license revocation for two to three years, mandatory installation of an ignition interlock device, and one to three years of a 24/7 sobriety program.

Because a fourth OWI is a felony offense, it can be difficult to obtain employment, rent an apartment or house, secure higher education funding, earn a professional license, or even own a gun. A fifth or sixth OWI is a Class G felony that could result in one to 10 years in jail and fines as large as $25,000, while a seventh or eighth OWI is a Class F felony with up to 12 ½ years in prison.

Are There Valid Defenses for Subsequent OWI Charges?

Your defense will depend on the circumstances surrounding your OWI arrest. Some of the more common defenses for OWI include:

• Inaccurate BAC results
• The suspect was not given the opportunity to have a lawyer present during questioning.
• No probable cause for the initial stop
• The driver was not in actual physical control of the vehicle.
• Invalid or inaccurate field sobriety tests.

Contact a Milwaukee County, WI OWI Attorney

Regardless of whether your charges are for a first OWI or a subsequent OWI, it is important that you have a strong, aggressive Dodge County, WI OWI lawyer by your side. Attorney Butcher spent 20 years as the Waukesha County District Attorney, giving him invaluable insights into the "other side." He has litigated some of the most complex, high-profile criminal cases in the state and has successfully handled hundreds of OWI cases. Contact Bucher Law Group, LLC at 262-303-4916 to schedule a free consultation.