Fifth and Sixth Offense OWI in Wisconsin
Facing a 5th or 6th OWI charge in Wisconsin? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.
Understanding Fifth & Sixth OWI Charges in Wisconsin
A fifth or sixth OWI in Wisconsin is prosecuted as a serious felony offense and carries mandatory prison exposure, extended license revocation, and permanent consequences. At this level, OWI cases are treated as major criminal matters with long-term effects on a person’s freedom, rights, and future.
Courts and prosecutors handle fifth- and sixth-offense OWI cases aggressively. A conviction can result in years of incarceration, lifelong driving restrictions, loss of firearm rights, and lasting barriers to employment, housing, and professional licensing.
At Chirafisi Anderson, S.C., our attorneys defend individuals charged with felony OWI offenses throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge, and Green Counties. We focus on challenging the legality of the stop, the OWI investigation, chemical test evidence, and the validity of prior convictions to protect our clients’ freedom and future.
Learn more about our Wisconsin OWI defense practice.
Statutory Definition of a Fifth and Sixth Offense OWI in Wisconsin
Operating While Intoxicated is defined under Wis. Stat. § 346.63(1)(a). A person violates this statute by operating a motor vehicle while under the influence of an intoxicant to a degree that renders them incapable of safely driving.
A fifth or sixth offense OWI is charged under Wis. Stat. § 346.65(2)(am)5 when the State proves four or more prior countable OWI-related offenses. Whether a prior offense qualifies is governed by Wis. Stat. § 343.307, which allows Wisconsin to count lifetime OWI convictions, including certain out-of-state offenses that are comparable under Wisconsin law.
When the State establishes the required number of qualifying prior offenses, the charge is classified as a Class G felony, significantly increasing sentencing exposure and requiring the court to impose a bifurcated prison sentence under Wisconsin law.
Key Points
- A fifth or sixth OWI in Wisconsin is a Class G felony charged under Wis. Stat. § 346.63 and § 346.65(2)(am)5.
- Wisconsin applies a lifetime look-back period. Any prior OWI—no matter how old—may be used to enhance a fifth or sixth offense if it qualifies under Wis. Stat. § 343.307.
- A conviction carries mandatory prison exposure, not just county jail time, and requires a bifurcated sentence.
- The statute imposes a presumptive minimum confinement of 18 months in state prison, which may be reduced only if the court makes specific findings on the record.
- Lifetime driver’s license revocation may be imposed if a qualifying prior OWI occurred within the statutory timeframe.
- A felony OWI conviction carries permanent consequences, including loss of firearm rights and significant barriers to employment and housing.
Cases involving injury, a minor passenger, or death carry substantially higher penalties and are addressed separately under Wisconsin law.
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What the State Must Prove to Get a Conviction for a Fifth or Sixth Offense OWI
In a fifth- or sixth-offense OWI case, the State must prove the same core OWI elements as a first offense, but under a criminal burden of proof: beyond a reasonable doubt. In addition, the State must prove the existence of four or more prior countable OWI-related offenses, depending on whether the charge is a fifth or sixth offense.
- That you operated a motor vehicle on a public highway;
- At the time you operated a motor vehicle, your ability to do so was impaired by an intoxicant; and
- Four (or Five) Prior Valid Convictions – the State must prove that you have at least four prior OWI-related convictions or suspensions (from Wisconsin or an equivalent offense in another state). Not all priors automatically count – the court must determine whether each prior is legally valid and properly documented.
These elements are drawn from the Wisconsin Criminal Jury Instructions applicable to Operating While Intoxicated offenses. For the precise language used by Wisconsin courts, see Wisconsin Criminal Jury Instruction – OWI (Wis JI–Criminal 2663).
Learn more about Operating with a prohibited alcohol concentration (PAC) and Operating with a restricted controlled substance charges which are commonly associated with a felony offense OWIs.
Penalties for a Fifth or Sixth OWI in Wisconsin
Under Wis. Stat. § 346.65(2)(am)5, a fifth or sixth OWI conviction is classified as a Class G felony. This means the court must impose a bifurcated sentence—a prison term divided between initial confinement and extended supervision—under Wis. Stat. § 973.01.
|
Penalty |
Details |
|---|---|
|
Incarceration |
Presumptive minimum of 18 months confinement in prison up to a total of 10 years imprisonment. |
|
Fines + Court Costs & Surcharges |
$600 – $25,000 + court costs and OWI surcharge. |
|
License Revocation |
24 – 36 months + time spent in prison, unless your previous OWI as within 15 years → lifetime revocation |
|
Ignition Interlock Device (IID) |
24 – 36 months on all vehicles owned or operated. |
|
AODA Assessment |
Mandatory evaluation and compliance with all recommendations. |
|
Felony Record |
Permanent felony that can affect employment, firearm rights, and housing. |
The law allows a judge to impose less than 18 months confinement only if the court finds—and explains on the record—that: “The best interests of the community will be served,” and “The public will not be harmed.” These findings are rarely made and require compelling evidence of rehabilitation, treatment progress, or exceptional circumstances. Even if a judge makes those findings, they still must impose a prison sentence with a mandatory minimum of 12 months of confinement.
Collateral Consequences
- Permanent felony record visible in all employment and background checks.
- Lifetime revocation with no occupational license for 10 years.
- Ineligibility for firearm possession under federal law.
- Immigration and travel restrictions (Canada and other countries may bar entry).
For sentencing examples and county-level variations, see our Wisconsin OWI Sentencing Guidelines
Defense Strategies in a Fifth or Sixth Offense OWI Case
Fifth- and sixth-offense OWI charges are felony prosecutions with presumptive prison exposure, making a careful and aggressive legal defense essential. Even at this level, the State must still prove that the traffic stop, OWI investigation, arrest, chemical testing, and prior convictions were all handled lawfully and correctly. Errors at any stage can significantly affect admissibility of evidence, felony classification, or sentencing exposure.
Common defense strategies in fifth- and sixth-offense OWI cases include:
Many of these defenses are explained in greater detail on our OWI dismissal and defense strategies page.
Why Hiring an OWI Defense Lawyer Matters for a Fifth or Sixth OWI
Facing a fifth or sixth OWI charge means confronting a felony prosecution with presumptive prison exposure and permanent consequences. At this level, early decisions about how the case is investigated, litigated, and positioned for sentencing can significantly affect the outcome. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results necessary to protect your rights and aggressively challenge high-exposure felony OWI cases..
Fifth and Sixth Offense OWI Case Results
Get Help With Your Fifth or Sixth OWI Charge
A fifth or sixth OWI charge is a felony offense that carries presumptive prison time and permanent consequences—but the outcome is not predetermined. A focused and strategic defense can challenge the State’s evidence, contest prior convictions, and seek to reduce sentencing exposure where the law allows.
Call Chirafisi Anderson, S.C. today to schedule a free consultation with an experienced Wisconsin OWI defense attorney. We represent clients throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge, and Green Counties.