Penalties for Multiple OWI Offenses in Wisconsin

In Wisconsin, driving under the influence (DUI) or driving while intoxicated (DWI) is called “operating while intoxicated” (OWI). If law enforcement charges you with an OWI, you need a skilled and knowledgeable OWI lawyer to help protect your rights as you navigate the Wisconsin criminal justice system. Why? The offense cannot be expunged and will remain on your OWI criminal record. Having an attorney who can help you fight the charge and potential conviction is crucial.

Penalties for a Second OWI Offense

For a first OWI offense, your ticket type – either an “A,” “B,” or “AM” ticket – depends on whether the charge is an OWI (“A” ticket), operating with a Prohibited Alcohol Concentration (PAC) (“B” ticket), or you have a restricted controlled substance in your blood (“AM” ticket). Although a first OWI is a civil offense, it is not without serious repercussions. For example, if you receive an OWI conviction, you must contact an approved Intoxicated Driver Program (IDP) assessment facility in your county within seventy-two hours after the conviction. Depending on how the IDP assessor identifies you, such as an Irresponsible User or Chemically Dependent, mandatory alcohol education may be required.

The penalties for a second OWI offense are more severe, especially if your second offense occurred within ten years of your first OWI offense. A second OWI offense is a misdemeanor criminal offense. For this offense, you may be subject to the following penalties:

• Mandatory jail time, ranging from five days to six months
• Driver’s license revocation between twelve and eighteen months
• Mandatory ignition interlock device requirement (IID) for twelve to eighteen months or a 24/7 sobriety program (if court-approved)
• OWI court fines of $150 to $1,100, plus a $435 surcharge

Penalties for a Third or Subsequent OWI Offense

Under Wisconsin law, penalties for repeat OWI are greater. Specifically, second OWI penalties and third OWI consequences (or additional subsequent offenses) mean harsher (and escalating) penalties, including those that impact driving privileges after OWI.

For a third OWI offense, the penalties are as follows:

• OWI jail time for between 45 days and one year
• Driver’s license revocation OWI for two to three years
• Mandatory installation of an IID for one to three years or a 24/7 sobriety program
• Fines ranging from a minimum of $600 to $2,000 (which can increase depending on your blood alcohol content [BAC] level)

A fourth OWI offense is a felony OWI (Felony H). For a fourth offense for repeat driving under the influence, the following penalties may be assessed against you:

• A fine between $600 and $10,000
• Jail time ranging from 60 days to six years
• Driver’s license revocation between two and three years, or a possible lifetime driver’s license revocation if your fourth offense is within twenty-five years of any prior OWI offense
• Mandatory IID installation for every vehicle you own, or the 24/7 sobriety program

How Repeat OWI Penalties Escalate Over Time

Enhanced OWI sentencing applies if you are found guilty of a repeat drunk driving offense after your fourth OWI offense.

Like a fourth offense, your fifth and sixth OWI offenses will also result in felony charges. In addition, the fines, jail time, and license revocation period increase. Specifically, a fine between $600 and $25,000 could be assessed (based on your BAC), the judge could order jail time between one and ten years, and your license could be revoked for a minimum of two years or for your lifetime. Like a fourth offense, IID installation or a 24/7 sobriety program is mandatory for one to three years.

Wisconsin groups seventh, eighth, and ninth OWI offenses together, all of which are felony charges (Class G). These felonies mean fines of up to $25,000 and increased jail time ranging from a minimum of three years to a maximum of twelve and a half years. You can expect your license to be revoked for a minimum of two years up to a lifetime revocation. Like prior OWI charges, mandatory IID installation is required on all the vehicles you own (or the 24/7 sobriety program will be ordered).

The OWI consequences for a tenth repeat offender DUI (and for any subsequent offenses) continue to escalate. Specifically, you may have to pay a fine of up to $50,000. Jail time increases from a minimum of four years to a maximum of fifteen years. Like prior offenses, your license could be revoked for at least two years to a lifetime, and you must have an IID on all of your vehicles or participate in the 24/7 sobriety program.

Probation After An OWI Offense

Many offenders are curious about OWI jail alternatives. You could be sentenced to OWI probation after a second (through sixth) offense once you have served the necessary minimum jail time. Your probation terms will be dictated by the nature of your case and the number of prior offenses. These terms may include regular meetings with your probation officer, drug and alcohol testing, and electronic monitoring.

Wisconsin also has a modified probation program called “Safe Street.” This program may be an option after your second, third, or fourth OWI offense. Sometimes, it is available after a first offense if you caused an injury. Safe Street can potentially reduce mandatory jail time.

Contact Hart Powell, S.C. Today

At Hart Powell, S.C., we know how scary an OWI charge can be. Rest assured, we will be with you every step of the way as you walk through what may be a challenging time in your life. We will answer all your questions about the process and OWI offense timeline. As attorneys skilled in handling OWI matters, we assist clients with multiple OWI charges and can explain BAC level penalties associated with subsequent OWIs.

Whether this is your first offense or you are a habitual OWI offender, we are here to help. If you are facing OWI charges in Wisconsin, call Hart Powell, S.C. at (414) 271-9595 or contact us online to speak to a skilled and experienced OWI defense attorney.