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What Makes DUI A Felony?

Michael Cohen • February 18, 2020
Gavel with DUI Law — Eau Claire, WI — Cohen Law Offices

Most people are aware of what’s at stake if they are caught drinking and driving. Besides the dangers associated with drunk drivers, you also face several fines and penalties if you end up with a drunk driving charge in Wisconsin. In fact, there’s a chance that your Driving Under the Influence (DUI) charge could end up costing you much more than you think.


Whether your drinking and driving offense is considered a felony is dependent on things such as how many times you are caught driving under the influence, whether there are injuries in an accident, or whether there are minors in the vehicle.


In most cases, if it is your first DUI offense in Wisconsin, it’s most likely a civil offense, not a criminal offense. This is only if there is no accident with injuries or no minors in the vehicle.


A second-offense carries jail from five days to six months. And if the driver had a passenger under the age of 16 at the time of the offense, the minimum and maximum jail terms are doubled.


Depending on the circumstances of your third DUI, you could be facing felony charges, a fine of up to $4,000 and 2 years in jail. If you were arrested for a third DUI in Wisconsin with a BAC of .17 or higher, an Excessive BAC Escalator will be applied. A third DUI with a minor is a felony.


A fourth drunk driving conviction in Wisconsin is a felony, carrying much stricter penalties, including higher fines and longer jail terms. If a minor was in the car that will carry a maximum of 12 years and a 5th DUI carries 20 years. Under this new law, drivers convicted of 4th offense DUI or higher in Wisconsin will have their driving privileges revoked for life if the previous offense was within 15 years. They will not be able to obtain for an occupational license for a minimum of 10 years after the conviction.


If you were driving a car, there was evidence that you were under the influence, you violated some traffic law and, as a result of that, someone either inside your car or outside your car was struck and seriously injured then you would be charged with Felony DUI with Great Bodily Injury. If convicted you are charged with a Class F felony, which carries a maximum sentence of up to 12.5 years in prison and $25,ooo in fines. When a DUI crash results in fatalities, the driver can be charged with Homicide. While DUI, a Class D felony in Wisconsin.


If you or a loved one has been charged with a DUI or Felony DUI, the experienced attorneys at Cohen Law Offices may be able to help. Contact us at 715-514-5051 for a confidential consultation today.

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