As of 2018, a 4th OWI/DUI offense in Wisconsin is classified as an automatic class H felony.
Here's how OWIs are classified in Wisconsin:
- A 1st offense OWI: Civil offense
- A 2nd offense OWI: Misdemeanor
- A 3rd offense OWI: Misdemeanor
- A 4th offense OWI and above: felony
A conviction can bring severe penalties:
- Up to 6 years in jail
- Up to $10,000 in fines
- Driver’s license revocation
- Ignition interlock device in vehicle
- Absolute sobriety required for occupational license or no eligibility
- Travel ban to Canada and problems traveling within the EU
- Other indirect penalties can include surcharges, an alcohol assessment, high-risk insurance requirements, etc.
This means it's absolutely imperative to contact an experienced Wisconsin OWI attorney as soon as possible to avoid conviction and face serious penalties (described below).
The Penalties of a 4th DUI in Wisconsin
A 4th DUI in Wisconsin, now a class H felony, brings severe penalties:
- 60 days to 6 years in jail
- Up to $10,000 in fines
- Lifetime driver’s license revocation
- 1-3 + years required ignition interlock device in vehicle
- No eligibility for occupational license
- Travel ban to Canada and problems traveling within the EU
You will also need to pay surcharges, undergo an alcohol assessment, deal with high-risk insurance requirements, and other possible penalties depending on the specific facts of your case. Again, since every situation is different and complex, you need to contact an attorney to understand the details and the best path forward.
Read Also: Arrested in Wisconsin: When to Contact a Lawyer
Keep in mind that if your BAC is over .17 at the time of your 4th DUI arrest in Wisconsin, you face harsher penalties which we've outlined below.
- BAC .17 to .199: Your penalties DOUBLE.
- BAC .20 to .249: Your penalties TRIPLE.
- BAC .25 or higher: Your penalties QUADRUPLE.
What to do if You've Been Arrested for 4th DUI in Wisconsin
If you are facing 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, Hayward and across Wisconsin.
Two OWI Defense Success Stories
State of Wisconsin v. R.T.
The client was charged with an OWI 5th offense, a felony, with a high alcohol concentration. He had a number of prior convictions from Minnesota, where he did not have a lawyer. If convicted he would likely have received a prison sentence.
As a result of a very thorough factual and legal investigation, Attorney Stangl was able to establish that in four of the prior convictions his client was not properly advised of his right to appointed counsel and how an attorney may have been able to assist him in those cases, thus establishing that the prior convictions violated his client's constitutional rights under the Sixth Amendment. The State conceded that four of the prior criminal OWI convictions could not be counted against Attorney Stangl's client and the case was amended from a criminal conviction OWI 5th offense to an OWI 1st offense, a non-criminal ordinance violation, thus saving his client from a lengthy jail or prison sentence and another OWI conviction.
Case Victory: Three Consecutive OWI/PAC 5th/6th Victories in One Month
Attorney Stangl of Stangl Law Offices, S.C. achieved three (3) back-to-back OWI 5th/6th victories within a one-month period in May-June 2023 thereby saving his clients from mandatory prison sentences. In State v. Shirikian, 2023 WI App. 13 the Court of Appeals held that the sentencing language for a 5th/6th OWI/PAC offense requires the sentencing court to impose a mandatory prison sentence upon conviction. Even if the sentencing court wanted to impose a non-prison sentence, they do not have the discretion or authority to do so under the current penalty structure for the offense and this decision.
In the first case Attorney Stangl successfully argued that one of his client’s prior convictions could not be counted because he was not properly advised of his right to counsel in a previous case and that the record did not demonstrate a free and voluntary waiver of his 6th amendment right to counsel. After investigating and researching the issue, Attorney Stangl brought a motion challenging the uncounseled conviction and after an evidentiary hearing the trial court agreed that the prior conviction could not be counted, thereby reducing the 5th/6th offense to non-mandatory prison charges.
Approximately 2 weeks later, in a different case, Attorney Stangl previously argued to the court that the arresting officer did not have a sufficient legal reason or probable cause to arrest his client on a 5th/6th OWI/PAC. After the evidentiary hearing and briefing by the parties the court issued a very thorough and analytical oral decision granting the defendant’s Motion to Dismiss and the case against his client was dismissed.
Within two weeks after the 2nd consecutive OWI/PAC 5th/6th victory Attorney Stangl secured his 3rd consecutive OWI/PAC 5th/6th victory within (1) one month with the dismissal by the State of charges during a preliminary hearing. At the preliminary hearing it was clear that the arresting officer testified falsely about the alleged events including his client’s performance on the field sobriety test (FST’s) when in fact his client never submitted to the FST’s. Once the State realized the major problem with the officer’s perjured testimony it moved for immediate dismissal of all the charges. His client will not be re-charged.
FREE 10-Minute Consultation
If you need help to fight drunk driving charges in Madison or elsewhere in the state, Attorney Pat Stangl is happy to offer you a FREE 10-minute consultation to discuss your case and explore options for your defense against OWI, DUI, DWI, PAC, BAC or other criminal charges. Click the link below to get started.
Stangl Law Offices, S.C.