5th Offense OWI in Wisconsin: Penalties, Defenses, and Next Steps (2026)

What is 5th Offense OWI in Wisconsin?

A 5th offense OWI in Wisconsin is a felony, and the consequences are life-altering. Prison is not just possible—it is presumptively required under current law. Your driver’s license may be revoked for years or permanently. Fines can reach tens of thousands of dollars. Your freedom, career, and family life are all at stake.

A charge is not the same as a conviction. And even with five prior OWIs, defenses still exist, but only if you act quickly and work with a lawyer who understands the complexities of Wisconsin’s OWI statutes and sentencing scheme.

This guide explains exactly what you are facing with a 5th OWI in Wisconsin, how the law works today, and what steps you should take next. If you or someone you know is facing an OWI charge, especially a repeat offense, your first step should be to contact us as soon as possible. The sooner an experienced OWI attorney can engage your case, the more likely you are to achieve the best possible outcome.

Is a 5th OWI a Felony in Wisconsin?

Yes. Under Wisconsin Statute § 346.65(2)(am)5, a 5th offense OWI is classified as a Class G felony.

Wisconsin has a lifetime look-back for OWI offenses. That means every prior OWI conviction counts, no matter how long ago it occurred.

Wisconsin 5th OWI Penalties

A conviction for a 5th offense OWI carries some of the harshest penalties in Wisconsin criminal law:

In many cases, probation alone is not an option unless specific statutory findings are made by the court.

Mandatory Prison: How Wisconsin’s Presumptive Sentence Works

Since March 1, 2020, Wisconsin law imposes a presumptive prison sentence for 5th and 6th OWI convictions. This means the court must impose at least 18 months of initial confinement unless it makes specific findings on the record that:

• A lesser sentence serves the best interests of the community, and

• The public will not be harmed

Many courts interpret this law strictly and impose prison automatically. Others recognize that judicial discretion still exists in limited circumstances—an issue that continues to be litigated in Wisconsin appellate courts.

This distinction matters enormously, and it is one reason experienced OWI defense matters.

Before April 25, 2016, a 5th drunk driving conviction or even a 6th drunk driving conviction would have been considered a Class H felony in Wisconsin.

Since recent changes to Wisconsin's drunk driving law, both a 5th DUI and a 6th DUI conviction are now Class G felonies and follow those Wisconsin sentencing guidelines. With this new classification, both the associated possible fines and prison sentences have increased.

“On April 25th, 2016, Governor Walker signed a bill increasing penalties for 5th and 6th OWI offenses in Wisconsin. They have been elevated to a Class G felony, which includes a maximum penalty of a $25,000 fine and ten years in prison or both. There’s also a mandatory, minimum penalty, which means the absolute minimum you can get is six months in jail and a $600 fine, plus loss of license and installation of ignition interlock device and other requirements.” — Attorney Pat Stangl

Enhanced Penalties for Aggravating Factors

Excessive BAC (High Blood Alcohol Concentration) is one potentially aggravating factor that can make penalties worse. If your BAC was 0.17 or higher, penalties increase dramatically:

Minor Passenger Under 16 in the Vehicle

If a minor was present at the time of arrest, you may face:

• Up to 20 years in prison

• Fines up to $50,000

• 4–6 years license revocation

• 4–6 years IID

• Absolute sobriety requirements

Injury, Great Bodily Harm, or Homicide While OWI

A 5th OWI involving injury or death results in separate felony charges:

Penalties increase even further if a pregnant woman or unborn child was involved.

The Long-Term Consequences of a 5th OWI Conviction

A felony OWI conviction affects far more than your sentence:

• Employment and professional licensing

• Housing eligibility

• Child custody and family court matters

• Firearm ownership (already prohibited after prior felony OWI)

• Voting rights (restored only after extended supervision ends)

• Travel restrictions, including Canada and the EU

• Security clearances and military eligibility

Once convicted, these consequences follow you for life.

How Long Does a 5th OWI Stay on Your Record?

Forever. A 5th OWI remains on your criminal record permanently. It also remains on your Wisconsin DOT driving record for life.

Wisconsin does not allow OWI expungement at this level. Even if expungement were possible, the DOT does not recognize it.

Can a 5th OWI Be Reduced or Dismissed?

Sometimes—yes. But only through aggressive, experienced legal defense. Every 5th OWI case turns on the details.

Common defense strategies include, but are not limited to:

Read more: 15 Ways to Beat an OWI Case in Wisconsin

Fighting a 5th OWI in Wisconsin

With over 32 years of experience helping clients fight OWI charges in Wisconsin, Stangl Law understands how disheartening it can be when you get stopped for drunk driving again after previous, multiple convictions—especially if you just finished your prison sentence for a previous offense.

But do not lose hope.

With the right attorney in your corner, there is a chance of having your charges reduced or even dismissed. If you are ready to reach beyond the public defender and fight for your freedom against drunk driving charges in Wisconsin, contact a proven and aggressive OWI attorney to lead your defense.

FAQs About 5th OWI in Wisconsin

• Is prison mandatory for a 5th OWI?
  Presumptively, yes—but limited discretion may exist depending on the court and facts.

• Can I get an occupational license?
  Sometimes. Eligibility depends on your record, revocation history, and sobriety compliance.

• Are 5th and 6th OWI penalties the same?
  Yes under statute, but prosecutors often seek harsher outcomes for 6th offenses.

• Should I use a public defender?
  For felony OWI cases with mandatory prison exposure, experience and resources matter. This is not a “fee-to-plea” situation.

What to Do If You’re Charged With a 5th OWI

• Do not assume conviction is inevitable

• Do not speak to police or investigators without counsel

• Preserve all paperwork and timelines

• Contact an experienced OWI defense attorney immediately

OWI Defense Success Story

Case Victory: Three Consecutive OWI/PAC 5th/6th Victories in One Month

In May–June 2023, Attorney Stangl of Stangl Law Offices secured three consecutive dismissals or charge reductions in OWI/PAC 5th and 6th offense cases—each outcome sparing his clients from mandatory prison sentences under Wisconsin’s strict OWI sentencing laws.

These victories came despite the Wisconsin Court of Appeals’ ruling in State v. Shirikian, 2023 WI App 13, which held that courts generally lack discretion to impose non-prison sentences for 5th/6th OWI convictions. Each case required a precise, fact-driven defense:

• Case One: Attorney Stangl successfully challenged a prior OWI conviction after proving the client was not properly advised of the right to counsel and did not knowingly waive that right. The court excluded the prior conviction, eliminating mandatory prison exposure.

• Case Two: In a separate matter, Attorney Stangl demonstrated that the arresting officer lacked probable cause. After an evidentiary hearing and briefing, the court granted the motion to dismiss.

• Case Three: At a preliminary hearing, Attorney Stangl exposed false testimony by the arresting officer regarding field sobriety testing—tests the client never performed. The State immediately dismissed the charges, and the client will not be recharged.

These results underscore an essential truth: even in 5th and 6th offense OWI cases, outcomes depend on the quality of the defense—not just the charge.

FREE 10-Minute Consultation

Madison OWI Attorney, Pat Stangl, has a long record of success helping clients fight repeat drunk driving charges and is pleased to offer at no obligation, a FREE 10-minute consultation to discuss your case. You owe it to yourself to reach out today.