In Wisconsin, a fourth OWI is a felony, every time, no matter how many years have passed since the last one. The first three offenses climb steadily from a traffic forfeiture to real jail time, and each step after the fourth adds mandatory prison. Knowing exactly where your case falls on that ladder is the first step in any criminal defense strategy.

How Wisconsin Counts Prior Offenses

Wisconsin counts OWI offenses differently than most states:

• A second offense is counted as a second only if it occurs within 10 years of the first. Otherwise, it is treated like a first offense.
• Third and later offenses are counted over your entire lifetime.
• Priors include more than OWI convictions. Implied consent refusals, out-of-state drunk-driving convictions, and certain other alcohol-related driving offenses can all count.

That means a conviction from decades ago, or from another state, can turn today’s charge into a felony.

Offense-by-Offense Penalties

The ranges below come from Wisconsin’s statutes, summarized in the Department of Transportation’s OWI penalty chart. Fines don’t include the $435 OWI surcharge and court costs.

First Offense: Civil Forfeiture

• Fine of $150 to $300.
• License revocation of 6 to 9 months.
• No jail, and not a crime, unless a child under 16 was in the vehicle, which makes it a criminal misdemeanor.

Second Offense: Misdemeanor

• 5 days to 6 months in jail.
• Fine of $350 to $1,100.
• License revocation of 12 to 18 months, plus an ignition interlock requirement.

Third Offense: Misdemeanor

• 45 days to 1 year in jail.
• Fine of $600 to $2,000.
• License revocation of 2 to 3 years.

Fourth Offense: Class H Felony

• 60 days to 6 years of imprisonment.
• Fine of $600 to $10,000.
• License revocation of 2 to 3 years. If the prior offense was within 15 years, the revocation is for life, with a possibility of reinstatement only after 10 years.

Fifth and Sixth Offenses: Class G Felony

• Up to 10 years of imprisonment, with a presumptive minimum of 18 months of initial confinement. A judge can go below that only by explaining on the record why a lower sentence serves the public.
• Fine of $600 to $25,000.

Seventh Through Ninth Offenses: Class F Felony

• A mandatory minimum of 3 years of initial confinement, with up to 12.5 years of imprisonment.
• Fine of up to $25,000.

Tenth Offense and Beyond: Class E Felony

• A mandatory minimum of 4 years of initial confinement, with up to 15 years of imprisonment.
• Fine of up to $50,000.

Factors That Raise the Penalties

Several circumstances push penalties higher at any level:

• High blood alcohol concentration. For repeat offenses, fines can be doubled, tripled, or quadrupled as the BAC rises.
• A child under 16 in the vehicle. For second and later offenses, minimum and maximum penalties are doubled.
• Injury or death. OWI causing injury becomes a felony if you have a prior, OWI causing great bodily harm is a Class F felony, and homicide by intoxicated use of a vehicle is a Class D felony, or Class C with priors.

What a Felony OWI Changes

A felony OWI isn’t just a longer sentence. It’s a felony record. That means losing the right to possess firearms, possible effects on employment and professional licenses, and an offense that will follow you on background checks. We explain how each felony class compares in our guide to Wisconsin felony classes.

Every OWI Charge Deserves a Defense

The penalty you face depends on facts that can be challenged: whether the stop was lawful, whether testing was done correctly, and whether every prior conviction actually counts. A single prior that shouldn’t be counted can be the difference between a misdemeanor and a felony.

At Melms Law, we represent drivers charged with OWI in Eagle River, Wausau, and across northern Wisconsin. We’ll explain your options clearly and stay in touch with you throughout the process. If you’ve been charged with an OWI, contact us to schedule a free consultation.