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Will I Be Charged with a Wisconsin Felony OWI?
An OWI charge in Wisconsin is always serious, but there is a major difference between a misdemeanor OWI and a felony OWI. For executives, licensed professionals, and others who have worked hard to build a respectable life and career, the risks of a felony OWI conviction can be very high indeed.
If you are facing an OWI charge in 2026 and wondering whether it could be filed as a felony, the answer depends on a few specific factors. Our Milwaukee OWI defense attorneys are highly experienced and absolutely tenacious about fighting for our clients’ rights and reputation. Let us take the lead on your case today. Call us now.
What Makes a Wisconsin OWI a Felony Instead of a Misdemeanor?
Wisconsin law draws a clear line between OWI offenses that are treated as civil or criminal misdemeanors and those that are elevated to felony status. Under Wis. Stat. § 346.65, several circumstances can push an OWI charge into felony territory.
Prior OWI Offenses
The number of prior OWI convictions on your record is the most common factor that determines whether a new charge will be filed as a felony. Here is how Wisconsin law breaks it down:
- A first OWI offense in Wisconsin is generally a civil forfeiture, not even a criminal charge, unless there was a minor under 16 in the vehicle.
- A second OWI offense is a criminal misdemeanor.
- A third OWI offense is also a misdemeanor in most circumstances, though penalties increase substantially.
- A fourth OWI offense is when felony charges begin. A fourth offense is a Class H felony, carrying up to six years in prison and fines up to $10,000.
- A fifth or sixth OWI offense is a Class G felony, with potential prison time of up to ten years.
- A seventh, eighth, or ninth OWI offense is a Class F felony, carrying up to twelve and a half years in prison.
- A tenth or subsequent OWI offense is a Class E felony, with a potential sentence of up to fifteen years.
Wisconsin looks at your entire lifetime record when counting prior offenses, not just offenses from the past ten years, as some other states do. An OWI conviction from decades ago can still count against you today.
OWI Causing Injury
Under Wisconsin law, you may only face a misdemeanor charge for a first OWI causing injury to another person if the injuries are not serious. But if it happens again – or if someone is hurt badly enough even the first time for it to be considered "great bodily harm" – you are facing, at a minimum, a Class H felony and possibly a Class F felony. Class F felonies are punishable by up to 12.5 years in prison and up to $25,000 in fines.
Not just any injury counts as "great" bodily harm. Scratches, bruises, and even broken bones aren’t necessarily serious enough to push an OWI charge into Class F felony territory. But if a passenger or occupant of another vehicle suffers serious permanent disfigurement, long-term impairment, or substantial risk of death, Class F felony charges are likely.
OWI Causing Death
Homicide by intoxicated use of a vehicle is among the most serious charges someone can face in Wisconsin. At a minimum, this offense is a Class D felony, carrying up to 25 years in prison. These cases are prosecuted aggressively, and the consequences extend far beyond the criminal sentence itself.
What Are the Consequences of a Felony OWI Conviction in Wisconsin?
The criminal penalties for a felony OWI conviction — fines, prison time, extended license revocation — are severe on their own. But for many of our clients, the potential collateral consequences are just as damaging, and in some cases more so.
Professional Licenses and Careers
A felony conviction can trigger disciplinary proceedings before professional licensing boards. Physicians, nurses, attorneys, financial advisors, pharmacists, teachers, and many other licensed professionals are required to report felony charges and convictions to their licensing authorities.
Depending on the profession and the circumstances, a felony OWI conviction can result in suspension or permanent revocation of a professional license. At Gimbel, Reilly, Guerin & Brown, LLP, we also defend professionals such as surgeons, nurses, teachers, and others from professional license investigations and discipline.
Employment and Security Clearances
Many management-level and executive positions involve background checks, security clearances, or contractual obligations that a felony conviction can jeopardize. A conviction may trigger termination clauses in employment agreements or disqualify someone from future positions in their field.
Civil Liability
In cases involving injury or death, a felony OWI conviction can also expose the defendant to substantial civil liability. The criminal case and any civil lawsuit filed by injured parties will proceed separately, and a conviction in the criminal case can significantly affect the outcome of civil litigation.
How Can an Attorney Defend Against a Wisconsin Felony OWI Charge?
A felony OWI charge is not the same as a conviction. Wisconsin law provides real opportunities for defense at many stages of the case.
Some of the most effective defense strategies in OWI cases involve challenging the legality of the traffic stop itself. Under the Fourth Amendment, law enforcement must have a reasonable, articulable suspicion of a traffic violation or criminal activity before stopping a vehicle.
The chemical testing process is another area where the defense can raise significant challenges. Breathalyzer devices must be maintained correctly, and the test must also be done correctly by a trained officer. Blood tests must be collected, stored, and analyzed according to strict protocols.
Field sobriety tests are also far less objective than they are often presented. An officer's interpretation of that performance is inherently subjective and often vulnerable to serious scrutiny.
Contact a Milwaukee OWI Defense Attorney Today
Fighting a felony OWI charge in Wisconsin takes serious legal representation from a team with the depth of experience and reputation to handle high-stakes cases for professionals and executives whose lives and careers are on the line.
Contact Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 to schedule a consultation with a Milwaukee criminal defense lawyer who understands what is at stake and knows how to fight for you.
