Levels of OWI Offenses – From a First Offense to a Felony
Operating a motor vehicle while under the influence of an intoxicant is a serious offense that can have serious penalties and other consequences. In most states, a first offense is a crime (usually a misdemeanor). In Wisconsin, a first offense is not a crime, but a civil traffic forfeiture. Nonetheless, even a first offense in Wisconsin has penalties and consequences that only make subsequent OWI’s in Wisconsin more harsh. A second offense OWI in Wisconsin is a misdemeanor (if committed within 10 years of the prior, first offense). A third offense – no matter when it occurs relative to the first offense – is a misdemeanor.
But what happens when an OWI charge goes from being a misdemeanor to becoming a felony? Understanding the difference between these two classifications – a misdemeanor and a felony – and their accompanying penalties, can help you prepare for your case and what you will face as the potential penalties.
Misdemeanor vs. Felony OWI’s
As stated, in most states, a first and second OWI is classified as a misdemeanor. However, certain factors, if present – such as causing an injury or death, having certain prior convictions, or having an extremely high blood alcohol level (BAC), then it could be elevated to a felony. The classification of the offense depends on state laws and other individual circumstances.
Factors That Can Elevate a Misdemeanor OWI to a Felony
Several factors could cause a misdemeanor to be elevated to a felony, including repeat offenses, excessive speeding or reckless driving, driving with a suspended license, causing severe bodily harm or death while driving under the influence, and having children in the car at the time of the arrest. These aggravating factors can result in harsher penalties and longer jail sentences.
Penalties for Felony OWI Convictions
The penalties for felony OWI’s can vary depending on the jurisdiction and other individual circumstances. Generally, however, they often involve higher monetary fines and substantially longer jail sentences – up to and including a possible prison sentence – than those in misdemeanor OWI’s. Many states require mandatory rehabilitation programs or AODA (Alcohol and Other Drug Abuse) programs as part of a sentencing.
The penalties for an OWI conviction can be severe.
In Wisconsin, for a 1st offense, a person faces driver’s license loss of up to 9 months and a monetary forfeiture of up to $300, plus court costs. AND, if a first-time offender’s BAC is over the .15 thresh hold, an Ignition Interlock Device (llD) will be ordered for 12 months.
On a 2nd offense, which is a criminal misdemeanor, a person faces a mandatory minimum of 5 days in jail and up to 6 months; a revocation of their driver’s license for a minimum of 12 months and a maximum of 18 months; and a mandatory minimum fine of $350, plus court costs and a maximum of $1,100 plus costs. There is also an llD requirement, usually for the length of the revocation ordered.
On a 3rd offense, again a criminal misdemeanor, a person faces a mandatory minimum of 45 days in jail and a maximum of one (1) year; a mandatory minimum 24-month revocation of driving privileges and a maximum of 36 months; and mandatory minimum fine of $600, plus court costs and a maximum of $2,000 plus costs. Again, there is an llD requirement.
The 4th offense in Wisconsin is a felony and a person faces a possible prison sentence. There is a mandatory minimum of 60 days jail up to a possible six (6) years in prison. There is a mandatory minimum fine of $600 plus costs up to $10,000. And there is a statutory revocation period of 24-36 months.
*And now in Wisconsin, the Department of Transportation (DOT) will impose a lifetime driver’s license revocation for any 4th offense OWI that occurs within 15 years of the previous OWI conviction. (Courts and judges are only allowed to impose the statutory maximum DL revocation of 36 months. But, regardless of any judicial revocation imposed, if within 15 years of the most recent prior conviction, DOT will administratively revoke for life).
And, with any level of OWI conviction (from a first offense through any higher number of offense) there will be court ordered Alcohol and Other Drug Abuse (AODA) assessment ordered. And, if not completed by the person convicted, that will be a bar to ever reinstating one’s regular driving privileges.
In addition, an OWI conviction can have long-term implications, such as increased insurance rates, difficulty finding employment, and difficulty obtaining a loan.
Fifth offense and higher OWI convictions require a mandatory prison sentence consisting of, on a 5th or 6th offense, a presumptive minimum 18-month period of incarceration followed by a period of extended supervision (formerly known as “parole.”) A 7th offense or higher requires a presumptive minimum of three (3) years of incarceration in prison.
Defenses in Elevated OWI’s
If you are facing a higher-level OWI charge, including a possible felony OWI charge, defenses may still be available. This is where a highly skilled, and specially trained OWI defense attorney can be of help. At Mays law Office, LLC we are highly skilled and specially trained OWI attorneys. We can help identify necessary defenses and argue them in court on your behalf. These defenses may involve challenging evidence obtained during an unlawful stop, detention or arrest or search or seizure or arguing that law enforcement did other things improperly or illegally in violation of your rights.
If you are charged with any OWI or any other traffic related or criminal charge throughout the entire State of Wisconsin, Mays Law Office, LLC is available to help. Our experienced firm, consisting of attorneys with a combined 80 +years of experience, understand the nuances of these laws and are here to protect your rights and secure the best possible outcome for your case.
Contact us at (608) 257-0440 to discuss your case, your legal options and take the steps needed to regain your liberty and freedom.
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