5th Offense OWI in Wisconsin: Penalties and Next Steps (2025)

A fifth-offense OWI in Wisconsin is a felony, and one of the most serious criminal traffic offenses under state law. While earlier offenses may have resulted in local jail time, fines, and short-term revocations, a fifth conviction almost always means state prison, multi-year license revocation, and a permanent criminal record that carries lifelong consequences.

For anyone facing this charge, the stakes couldn’t be higher. Wisconsin law mandates at least 18 months of initial prison confinement—even for cases involving no injuries or property damage—and allows a maximum total sentence of up to 10 years. Judges have no discretion to reduce the confinement below the statutory minimum.

Beyond prison time, offenders face tens of thousands of dollars in fines and surcharges, multi-year ignition interlock requirements, and severe collateral consequences that affect employment, professional licensing, and even international travel. Repeat offenders are also subject to Wisconsin’s lifetime lookback rule, meaning every prior OWI conviction—no matter how old—counts toward the charge.

If you’re charged with a fifth OWI, time is critical. You have only 10 business days from the date of your Notice of Intent to Suspend to request an administrative hearing with the Wisconsin Department of Transportation. Missing that deadline means your license will be suspended automatically before your case even reaches court.

Attorney Patrick J. Stangl has defended clients facing repeat OWI charges across Wisconsin for over 30 years. With advanced training in field sobriety testing and a proven record of trial success, he approaches every case as winnable—carefully examining whether the stop, testing, or arrest followed proper legal and scientific procedures.

This guide explains what to expect after a fifth-offense OWI arrest in Wisconsin—including the exact penalties, license implications, and steps you can take right now to protect your freedom and your future.

Read Also: Wisconsin OWI Penalties Chart

Administrative suspension: act within 10/13 business days

Right after arrest, you’ll typically get a pink Notice of Intent to Suspend (or it arrives by mail). You must request a DOT administrative review hearing:

• Within 10 business days if the notice was handed to you at the stop, or

• Within 13 business days if mailed.

If you do nothing, the six-month administrative suspension starts at 12:01 a.m. on the 31st day after the notice date—regardless of what happens in criminal court.

Criminal penalties for a 5th OWI in Wisconsin

A fifth-offense OWI in Wisconsin is classified as a Class G felony, carrying extremely serious consequences. The court must impose a bifurcated prison sentence—meaning part of the sentence is served as initial confinement in state prison and the remainder as extended supervision. Wisconsin law requires a minimum of 18 months of initial confinement for a fifth or sixth OWI conviction, with a total maximum exposure of up to 10 years. Judges cannot go below this mandatory minimum, even in cases involving mitigating factors.

Fines for a fifth OWI conviction range from $600 to $25,000, not including mandatory surcharges and court costs. These fines increase sharply with a high blood alcohol concentration (BAC). Under Wisconsin’s escalating penalty structure, fines and jail ranges double for BACs between .17 and .199, triple for .20 to .249, and quadruple for BACs of .25 or higher. In addition, if a child under the age of 16 was present in the vehicle at the time of arrest, both fines and imprisonment ranges are automatically doubled.

A conviction also results in a lengthy driver’s license revocation period of two to three years, plus the duration of any confinement ordered by the court. Once eligible to drive again, offenders must comply with strict Ignition Interlock Device (IID) or 24/7 sobriety monitoring requirements for one to three years, plus any period of confinement. These programs enforce absolute sobriety, and failure to comply can lead to further penalties and license extensions.

After completing a 45-day “hard revocation” period, an individual may become eligible for an occupational license, provided they meet all eligibility and compliance requirements. This restricted license allows limited driving for approved purposes such as employment, education, or treatment, but carries strict conditions—most notably, absolute sobriety during all operation.

In sum, a fifth OWI conviction in Wisconsin leads to mandatory prison time, significant fines, long-term license revocation, and post-revocation monitoring requirements that extend well beyond release. Each element reflects the State’s aggressive stance toward repeat OWI offenses and underscores the importance of obtaining experienced legal representation immediately after arrest.

Special situations that raise penalties

• High BAC: Fine ranges escalate at .17, .20, and .25 BAC thresholds.

• Minor passenger under 16: Penalty ranges double. 

• Refusal cases: Separate administrative revocation timelines apply under implied-consent law, with strict 10-day request deadlines for refusal hearings. 

“Hidden” but unavoidable costs and conditions

• Alcohol/drug assessment & Driver Safety Plan: All OWI convictions require an approved assessment and compliance with the plan as a condition of reinstatement and any occupational license.
• SR-22 financial responsibility: WisDOT requires three full years of continuous SR-22 filing from the date you become eligible to reinstate. Any lapse can trigger a new suspension and restart the three-year clock. 
• Insurance, towing, IID, time off work: Expect significant out-of-pocket costs for IID install and monthly monitoring, higher insurance premiums, and missed work. (The exact amounts vary by vendor, county, and insurer.) 
• CDL holders: CDL disqualification is severe. A second qualifying OWI event can result in lifetime CDL disqualification under Wisconsin and federal rules, even if the new offense occurs in a non-commercial vehicle.

How Attorney Patrick Stangl approaches 5th-offense OWI defense

On a fifth-offense felony, every error matters. Attorney Stangl prepares cases for trial and examines the stop, the field sobriety tests, the Informing the Accused process, and blood or breath testing compliance to find suppressible issues or leverage for reduced outcomes. That trial-first mindset is core to the firm’s OWI practice. 

If you are facing 5th-offense OWI, DWI, DUI, BAC or PAC charges in Wisconsin, you should contact a skilled criminal defense attorney to assist in your defense as soon as possible.

Attorney Patrick Stangl explains why you should never give up hope when fighting repeat DUI/OWI charges in Wisconsin:

Criminal Defense Lawyer Patrick J. Stangl has been aggressively fighting to protect the rights of drivers accused of OWI and other drunk driving charges for over 30 years. He remains committed to protecting the innocent against OWI charges in Madison, Eau Claire, Hayward and across Wisconsin.

Attorney Stangl’s philosophy regarding the OWI defense is that unless the State offers a plea agreement significantly better than the risk of losing in trial, there is no reason to plead guilty. Because Attorney Stangl believes that—unlike many other charges in State Court—victims of drunk driving (OWI, DUI, DWI, BAC, PAC) charges have little incentive to plead guilty, he prepares all drunk driving cases for trial.

This approach differs greatly from most criminal defense attorneys who assume they cannot win your case and plead guilty. If you’re facing criminal or traffic charges in Wisconsin, schedule a free consultation with us from the Contact Us page right away.

Attorney Stangl has undergone the same NHTSA-sponsored field sobriety test training as law enforcement—something very few OWI attorneys can legitimately claim. This training gives Attorney Stangl unique insight into how these tests are designed, their weaknesses, and where law enforcement often makes mistakes when administering them. Attorney Stangl regularly leverages this expertise to uncover opportunities for defense for his clients and work toward successful outcomes.

Four Consecutive Jury Victories

For the fourth time in a row, a jury has refused to convict Attorney Stangl's client of Operating While Under the Influence of an Intoxicant (OWI). A St. Croix county jury sitting in Hudson, Wisconsin, found Attorney Stangl's client not guilty of OWI. His client was also charged with Operating With a Prohibited Alcohol Concentration (PAC). The above the legal limit or Operating with a Prohibited Alcohol Concentration charge (PAC) was dismissed by the trial court after the conclusion of the State's evidence on Attorney Stangl's motion.

The court agreed there was insufficient evidence to support a conviction on the PAC charge because the State failed to produce expert testimony establishing the relevance of the blood test result, given the fact it had not proven the time of the alleged operating/driving of his client's vehicle. The State's blood test evidence indicated the client's blood alcohol concentration was 3.5 times the legal limit. The jury was then left to decide the criminal OWI charge. After deliberating approximately an hour and 15 minutes, the jury returned a unanimous not guilty verdict.

This case represents the fourth consecutive time Attorney Stangl's clients have been cleared of eight charges, including OWI and PAC, in four consecutive jury trials.

Free 10-Minute Consultation

If you need a Wisconsin OWI lawyer who is committed to fighting for you, request a free 10-minute consultation to discuss your case and explore options for your defense.

Photo Credit: Vladimir Proskurovskiy