Felony vs. Misdemeanor OWI in Wisconsin

Driving under the influence can lead to serious legal trouble in Wisconsin. However, not every operating while intoxicated (OWI) offense is treated the same. Depending on your record and the facts of your case, you could face a civil violation, misdemeanor, or felony charge.

Understanding the difference between felony and misdemeanor OWI charges in Wisconsin can help you know what to expect. Both can carry serious penalties, but felony convictions often lead to longer sentences and more lasting effects.

Is an OWI a Felony or Misdemeanor in Wisconsin?

In Wisconsin, an OWI can be a civil violation, misdemeanor, or felony, depending on prior offenses and other factors. Under Wisconsin law, a first OWI is generally a civil violation, while second and third offenses are usually misdemeanors. 

A fourth or later OWI is generally a felony. Cases involving serious injuries or death may also lead to felony charges.

When Is an OWI a Misdemeanor in Wisconsin?

In Wisconsin, a second or third OWI offense is generally a misdemeanor. Unlike a first offense, which is usually a civil violation, misdemeanor OWI charges are criminal offenses.

A second OWI is typically a misdemeanor if the driver has a qualifying prior offense within the past 10 years. If the prior offense occurred more than 10 years ago, the new OWI may be treated as a first offense.

A third OWI is generally a misdemeanor, regardless of how much time has passed since the earlier offenses.

Wisconsin law counts certain prior OWI convictions and other qualifying offenses when deciding how to classify a new charge. Some out-of-state offenses may also count.

When Does an OWI Become a Felony in Wisconsin?

In Wisconsin, an OWI generally becomes a felony when a driver has three or more prior qualifying offenses. However, certain cases involving serious injuries or death can also lead to felony charges.

Felony OWI charges are generally classified as follows:

• Fourth OWI: Class H felony.
• Fifth or sixth OWI: Class G felony.
• Seventh, eighth, or ninth OWI: Class F felony.
• Tenth or subsequent OWI: Class E felony.

An OWI can also lead to felony charges if an impaired driver causes great bodily harm or death. These charges may apply even if the driver has no prior OWI convictions.

The number of prior qualifying offenses and the facts of the incident determine whether an OWI is charged as a felony under Wisconsin law.

What Are the Differences Between Felony and Misdemeanor OWI Penalties?

The main difference between misdemeanor and felony OWI charges is how severe the possible punishment can be. Both may involve jail time, fines, and the loss of driving privileges, but felony charges carry much higher risks.

Key differences include:

• Incarceration: Misdemeanor OWI convictions can lead to county jail sentences. Felony OWI convictions may result in years of imprisonment.
• Fines: Felony OWI convictions generally carry higher fines than misdemeanor offenses.
• Driving privileges: Both types of convictions can result in license revocation and ignition interlock requirements.
• Criminal record: Both can create a criminal record, but a felony conviction may have more serious long-term effects.
• Employment: A felony conviction may make it harder to find work or qualify for certain professional licenses.
• Firearm rights: Felony convictions generally prohibit firearm possession under Wisconsin law.

Even a misdemeanor OWI conviction can affect your finances, career, and ability to drive. Understanding the possible penalties is an important part of preparing your defense.

Can You Fight a Felony or Misdemeanor OWI Charge in Wisconsin?

Being charged with OWI does not mean you will be convicted. You have the right to challenge the evidence against you. An experienced Madison OWI defense lawyer can review your case and look for ways to fight the charges.

Possible defense strategies include:

• Challenging the traffic stop: Police must have a valid legal reason to stop your vehicle.
• Questioning field sobriety tests: Medical conditions, poor weather, or other factors may affect test results.
• Challenging breath or blood tests: Testing errors or improper procedures may weaken the evidence.
• Reviewing prior offenses: Errors in how prior offenses were counted may affect the level of your charge.
• Challenging police conduct: Evidence obtained through violations of your rights may be excluded from court.

The right defense depends on the facts of your case. A lawyer can review the evidence, explain your options, and fight for a better outcome.

Contact Eisenberg Law Offices, S.C. To Schedule a Free Consultation With a Wisconsin OWI Attorney

Felony and misdemeanor OWI charges in Wisconsin can threaten your freedom, driving privileges, and future. An experienced criminal defense attorney can review the evidence, explain your options, and fight for the best possible outcome.

Eisenberg Law Offices S.C. is a trusted OWI law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.

We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.

Eisenberg Law Offices, S.C. – Madison
121 S. Pinckney St. Suite 400, Madison, WI 53703
(608) 256-8356

Our firm is located near you. We have an office in Madison, WI