When is an OWI a Felony in Wisconsin?

An OWI in Wisconsin is a class H felony when it’s your fourth OWI offense. A conviction for felony OWI carries very severe penalties, including:

·        60 days up to six years of jail time

·        Driver’s revocation for up to three years

·        Fines up to $10,000

·        Driver’s license revocation for life, if you have a previous conviction in the past 15 years

·        A $435 surcharge for driver improvement

·        Absolute sobriety if eligible for occupational driver’s license

·        Up to three years of an ignition interlock device

·        Travel restrictions on certain countries

It's also crucial to note that in the event that you were pulled over for a fourth OWI and your blood alcohol concentration (BAC) was .17 or higher, you'll be facing harsher penalties:

·        .17 up to .199 BAC – Penalties will be doubled, such that jail time might be from 120 days to 12 years and fines up to $20,000

·        .20 up to .2499 BAC – Penalties will be tripled, such that jail time might be from 180 days to 18 years and fines up to $30,000

·        .25 BAC or higher – Penalties will be quadrupled, such that jail time might be from 240 days to 24 years and fines up to $40,000

With all instances of felony OWI offenses (fourth or subsequent offenses), the penalties increase when the OWI incident involved a minor under 16 years old and/or a pregnant woman as a passenger, injuries, great bodily harm, and/or death. Because every case is complex and different, consulting an experienced OWI lawyer to understand the penalties that may be applicable to your case and explore your legal options is a must.

Fighting an OWI Charge

The circumstances of each OWI charge will differ greatly from one case to the next, but some of the common defenses OWI lawyers use to fight an OWI charge include:

·        Improper stop

·        Rising BAC

·        Challenging the field sobriety test, standard breathalyzer test, and/or portable breathalyzer

·        Challenging the security of the blood test’s chain of custody

The Consequences of a Felony Conviction Can Be Serious

It’s clear that a felony OWI conviction can result in serious legal penalties. It’s also important to be aware of the fact that any felony conviction can also result in serious collateral consequences, such as problems finding a job or a place to live, disqualification from certain categories of jobs, damage to your reputation, and the inability to legally own a firearm. In addition, if you work in a regulated profession, a felony conviction may make it difficult to obtain a license, and you may lose an existing certificate if you already have one. Fortunately, in many cases, an experienced lawyer can help mitigate the long-term consequences of an OWI charge.

Need Help with an OWI Charge? Speak to an Experienced OWI Attorney Today

If you have been accused of OWI, Call the Cohen Law Offices at 715-514-5051 or reach out to us by filling out our online contact form. We offer free consultations and are committed to bringing your case to the most favorable resolution possible.