Is an OWI a felony in Wisconsin?
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At the fourth — and after the second, the clock stops running out. Wisconsin counts differently from every other state on this page, and the counting is what puts drivers into the felony range. For the second offence the statute looks at a ten-year window. From the third onwards there is no window at all: the count is convictions under §§ 940.09(1) and 940.25 across the person’s lifetime plus every suspension, revocation and other conviction countable under § 343.307(1), with events from the same incident counted once. A count of three is still a misdemeanor — $600 to $2,000 and forty-five days to a year in county jail. A count of four is a Class H felony with a fine of not less than $600 and imprisonment of not less than sixty days. Five or six is a Class G felony, and the sentence must be bifurcated under § 973.01 with a confinement portion of at least one year and six months, which the court may shorten only by putting reasons on the record that the community is better served and the public not harmed. Seven, eight or nine makes it a Class F felony.
Written any number of ways — a 3rd OWI, an OWI 3rd, a felony OWI, or simply an OWI in WI — and the paperwork will use none of them. Wisconsin charges it under a section number, and that is what decides the range below.
Grade. Class H felony at four; Class G at five or six; Class F at seven to nine
Confinement. Not less than 60 days at the fourth; a bifurcated sentence with at least 18 months’ confinement at the fifth
Fine. Not less than $600
Wisconsin Statutes § 346.65 · Wis. Stat. § 346.65(2)(am)3.–6.; § 343.307(1); § 973.01 · checked 2026-09-06
The facts that make an OWI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A lifetime count of four | Class H felony, not less than 60 days | From the third offence onwards Wisconsin stops using a ten-year window. The count is lifetime convictions under §§ 940.09(1) and 940.25 plus every suspension, revocation and other conviction countable under § 343.307(1), with events from one incident counted once. At four the fine is not less than $600. Wisconsin Statutes § 346.65 · Wis. Stat. § 346.65(2)(am)4.; § 343.307(1) · checked 2026-09-06 |
| A lifetime count of five or six | Class G felony, bifurcated sentence with at least 18 months’ confinement | The court must impose a bifurcated sentence under § 973.01, and the confinement portion must be at least one year and six months. It may go lower only by finding on the record that the best interests of the community will be served and the public will not be harmed. Seven to nine makes it a Class F felony. Wisconsin Statutes § 346.65 · Wis. Stat. § 346.65(2)(am)5., 6.; § 973.01 · checked 2026-09-06 |
The device is a separate track
Wisconsin does not order an interlock for every first offense — it kicks in at 0.15% BAC, on a refusal to give a sample, or on any repeat OWI. What catches people out is the clock: your term does not start until the DMV actually issues you a license, so you cannot sit it out.
In Wisconsin the interlock term runs 12 months if ordered and is administered by The convicting court, with the order enforced by Wisconsin DOT / DMV — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: The convicting court, with the order enforced by Wisconsin DOT / DMV
Wisconsin OWI questions
Is an OWI a felony in Wisconsin?
At the fourth — and after the second, the clock stops running out. Wisconsin counts differently from every other state on this page, and the counting is what puts drivers into the felony range. For the second offence the statute looks at a ten-year window. From the third onwards there is no window at all: the count is convictions under §§ 940.09(1) and 940.25 across the person’s lifetime plus every suspension, revocation and other conviction countable under § 343.307(1), with events from the same incident counted once. A count of three is still a misdemeanor — $600 to $2,000 and forty-five days to a year in county jail. A count of four is a Class H felony with a fine of not less than $600 and imprisonment of not less than sixty days. Five or six is a Class G felony, and the sentence must be bifurcated under § 973.01 with a confinement portion of at least one year and six months, which the court may shorten only by putting reasons on the record that the community is better served and the public not harmed. Seven, eight or nine makes it a Class F felony. A lifetime count of four: class h felony, not less than 60 days. A lifetime count of five or six: class g felony, bifurcated sentence with at least 18 months’ confinement.
What does a 3rd OWI in Wisconsin carry?
Class H felony at four; Class G at five or six; Class F at seven to nine: not less than 60 days at the fourth; a bifurcated sentence with at least 18 months’ confinement at the fifth, and a fine of not less than $600. The range is set by Wis. Stat. § 346.65(2)(am)3.–6.; § 343.307(1); § 973.01, and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Wisconsin?
A lifetime count of four — class h felony, not less than 60 days. A lifetime count of five or six — class g felony, bifurcated sentence with at least 18 months’ confinement.
Does an interlock come with it in Wisconsin?
Wisconsin does not order an interlock for every first offense — it kicks in at 0.15% BAC, on a refusal to give a sample, or on any repeat OWI. What catches people out is the clock: your term does not start until the DMV actually issues you a license, so you cannot sit it out. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by The convicting court, with the order enforced by Wisconsin DOT / DMV.
Other steps in Wisconsin: second offense penalties and first offense penalties.
All Wisconsin OWI rules →Penalties across the states →Wisconsin DUI lawyers →Getting the license back →
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