An OWI is a felony in Wisconsin starting with the fourth qualifying offense, which is charged as a Class H felony. An OWI can also be charged as a felony with fewer priors when the driver causes great bodily harm or death, when any injury occurs and the driver has a prior OWI-related conviction or refusal, or when a child under 16 is in the vehicle during a third or later offense.
The Offense Count That Makes an OWI a Felony
Wisconsin treats a first OWI with no aggravating factors as a civil forfeiture, not a crime. A second and third offense are criminal misdemeanors that carry jail time but do not reach felony status.1Wisconsin Department of Transportation. OWI and Related Alcohol and Drug Offense Penalties
The felony line is drawn at the fourth offense. A fourth OWI is a Class H felony punishable by a minimum of 60 days and a maximum of six years in prison, with fines from $600 to $10,000.2Wisconsin State Legislature. Wisconsin Statutes 346.65 – Penalty for Violating Sections 346.62 to 346.64
Each subsequent conviction raises the felony class and the mandatory time behind bars:
- Fifth or sixth offense: Class G felony, one to ten years in prison, with a mandatory 18-month confinement portion unless the court states a compelling reason on the record. Fines up to $25,000.2Wisconsin State Legislature. Wisconsin Statutes 346.65 – Penalty for Violating Sections 346.62 to 346.643Wisconsin State Legislature. Wisconsin Statutes 939.50 – Classification of Felonies
- Seventh, eighth, or ninth offense: Class F felony, three to 12.5 years in prison, with a mandatory three-year minimum confinement. Fines up to $25,000.2Wisconsin State Legislature. Wisconsin Statutes 346.65 – Penalty for Violating Sections 346.62 to 346.64
- Tenth or subsequent offense: Class E felony, four to 15 years in prison, with fines up to $50,000.2Wisconsin State Legislature. Wisconsin Statutes 346.65 – Penalty for Violating Sections 346.62 to 346.64
The minimums at the higher tiers are not optional starting points. A seventh conviction guarantees at least three years of confinement regardless of mitigating circumstances.
When Injury or Death Makes an OWI a Felony
A long record is not required if someone gets hurt or killed. A first-offense OWI that causes any injury is a misdemeanor, but if the driver has even one prior OWI-related conviction or refusal, that same injury charge becomes a Class H felony carrying up to six years in prison.1Wisconsin Department of Transportation. OWI and Related Alcohol and Drug Offense Penalties
When the injury is “great bodily harm,” meaning injuries creating a substantial risk of death or causing permanent disfigurement or loss of function, the charge becomes a Class F felony regardless of the driver’s record. That carries up to 12.5 years in prison and fines up to $25,000.4Wisconsin State Legislature. Wisconsin Statutes 940.25 – Injury by Intoxicated Use of a Vehicle
Homicide by intoxicated use of a vehicle is the most serious OWI-related felony. With no prior OWI history, it is a Class D felony punishable by up to 25 years in prison and a mandatory five-year minimum confinement. A prior OWI-related conviction, suspension, or revocation pushes the charge to a Class C felony carrying up to 40 years. Courts can go below the five-year minimum only for a compelling reason stated on the record.5Wisconsin State Legislature. Wisconsin Statutes 940.09 – Homicide by Intoxicated Use of Vehicle or Firearm
When a Child Passenger Makes an OWI a Felony
Having a child under 16 in the vehicle raises OWI penalties at every level, but it does not make every offense a felony. First and second offenses with a minor passenger remain enhanced misdemeanors with doubled fines and jail ranges.6Wisconsin State Legislature. Wisconsin Statutes 346.65(2)(f) – Minor Passenger Penalty Enhancement
At the third offense, the minor-passenger enhancement converts the charge to a felony with doubled penalties. A third OWI that would normally bring 45 days to one year of jail becomes a felony with 90 days to two years and doubled fines of $1,200 to $4,000. For offenses already classified as felonies, the enhancement doubles both the fines and the imprisonment range.1Wisconsin Department of Transportation. OWI and Related Alcohol and Drug Offense Penalties
How Wisconsin Counts Prior Offenses
The counting rules are broad, and that is where many drivers are surprised to find themselves charged with a felony. When determining whether a new OWI is a fourth, fifth, or higher offense, courts count:
- Any Wisconsin OWI conviction, including local ordinance violations that conform to the state statute.
- Any out-of-state conviction under another state’s impaired-driving laws, including laws prohibiting an excess alcohol concentration or a detectable amount of a controlled substance.
- Chemical test refusal revocations in Wisconsin and comparable suspensions or revocations from other states.
- Wisconsin convictions for OWI-related homicide or great-bodily-harm offenses.
- Convictions from federally recognized tribal courts in Wisconsin that conform to the state’s OWI statute.
Multiple events arising from the same incident count as one.7Wisconsin State Legislature. Wisconsin Statutes 343.307 – Prior Convictions, Suspensions or Revocations to Be Counted as Offenses The counting runs over the person’s entire lifetime, so a conviction from decades ago still raises the number on a new arrest. An improper refusal or a revocation that is later overturned does not count.8Wisconsin State Legislature. Wisconsin Statutes 343.305(10)(em) – Chemical Tests for Intoxication
Drug OWIs Follow the Same Rules
Wisconsin’s OWI statute is not limited to alcohol. The same charges and the same felony escalation apply to operating under the influence of a controlled substance, a controlled substance analog, or any other drug that renders the driver incapable of driving safely. A detectable amount of a restricted controlled substance in the blood is enough on its own, with no separate impairment finding required.9Wisconsin State Legislature. Wisconsin Statutes 346.63 – Operating Under Influence of Intoxicant or Other Drug Every felony threshold and counting rule above applies identically.
What a Felony OWI Conviction Costs Beyond Prison
License Revocation and Ignition Interlock
A felony OWI conviction brings a license revocation of two to three years, with occupational-license eligibility opening after the first year.10Wisconsin State Legislature. Wisconsin Statutes 343.31(3)(bm)4 – Revocation of Licenses Revocation can become permanent when a driver accumulates four or more impairment-related offenses with the fourth occurring within 15 years of the previous one, or under certain combinations of impairment-related and motor-vehicle felony convictions within 25 years.11Wisconsin Department of Transportation. Lifetime Revocation An ignition interlock device is mandatory after any OWI beyond a first offense, with a minimum 12-month restriction set by the convicting court.12Wisconsin Department of Transportation. Ignition Interlock Device
Firearms
Federal law bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.13Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Every felony OWI class in Wisconsin exceeds that threshold, so the ban applies to all of them. Violating the prohibition is itself a separate federal felony.
Commercial Driver’s License
For a CDL holder, any impaired-driving conviction counts as a major offense regardless of whether a commercial vehicle was involved. A first major offense disqualifies the CDL for one year, or three years if hazardous materials were being hauled. A second major offense triggers a lifetime CDL disqualification.14eCFR. 49 CFR 383.51 – Disqualification of Drivers
Voting Rights
A felony conviction suspends voting rights in Wisconsin until the person completes the full term of imprisonment, probation, parole, or extended supervision. The Department of Corrections notifies the person in writing when eligibility is restored.15Wisconsin State Legislature. Wisconsin Statutes 304.078 – Restoration of Civil Rights of Convicted Persons
Travel to Canada
Canada treats impaired driving as a serious crime that can carry up to ten years of imprisonment under its own law, and Canadian border agents can refuse entry to anyone with an OWI conviction regardless of its U.S. classification. A person with a felony OWI can apply for criminal rehabilitation once five years have passed since the end of the imposed sentence, or request a temporary resident permit for urgent travel before then.
Employment and Professional Licenses
A felony leaves a permanent criminal record that appears on background checks. Licensed professionals in fields such as nursing, teaching, and law face mandatory disclosure requirements and possible discipline from their boards. Employers in transportation, healthcare, and government routinely run checks that will flag a felony OWI.