Third Offense OWI in Wisconsin
Facing a third OWI? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.
Understanding a Third Offense OWI in Wisconsin
A third OWI in Wisconsin is a criminal misdemeanor that carries mandatory jail time, significant fines, and extended license revocation. Courts and prosecutors treat third-offense OWI cases far more aggressively than second offenses, and another conviction places you one step away from felony OWI exposure.
At Chirafisi Anderson, S.C., our attorneys regularly defend individuals charged with third-offense OWI throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, 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 Third Offense OWI in Wisconsin
Operating While Intoxicated is defined in 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 third offense OWI is charged under Wis. Stat. § 346.65(2)(am)3 when the State proves two prior countable OWI-related convictions or revocations as defined by Wis. Stat. § 343.307. Whether a prior offense qualifies depends on statutory criteria, including comparability of out-of-state offenses and the legal validity of prior proceedings.
The existence of qualifying prior offenses changes the classification of the charge and the penalties that apply, but the State must still prove the current OWI offense beyond a reasonable doubt.
Key Points
- A third OWI in Wisconsin is a criminal misdemeanor and carries mandatory jail time.
- Wisconsin uses a lifetime look-back period. Any prior OWI—no matter how old—may be used to enhance a third offense if it qualifies under Wis. Stat. § 343.307.
- Jail time is mandatory and cannot be avoided, but the length and conditions of confinement vary significantly by county.
- A third OWI conviction results in long-term license revocation and extended ignition interlock device (IID) requirements on all vehicles you own or operate.
- Prior OWI convictions may be challenged if they were not legally valid or properly documented.
- A third OWI conviction permanently increases exposure to felony OWI charges for any future offense.
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 Third Offense OWI
To convict you of a third OWI offense in Wisconsin, the prosecutor must prove each of the following elements beyond a reasonable doubt:
- Operation of a Motor Vehicle – The State must show that you were “operating” or “driving” a motor vehicle on a highway. In Wisconsin, this doesn’t always mean the car was moving – even if you were behind the wheel with the keys in the ignition that may qualify as “operation.”
- Under the influence of an intoxicant – the State must prove that you were under the influence of an intoxicant to a degree that it lessened your ability to safely operate a vehicle. This is often based on officer observations, field sobriety tests, driving behaviors, and your BAC.
- Two Prior Valid Convictions – the State must prove that you have two 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 can be found in the Wisconsin Criminal Jury Instruction – OWI (Wis JI–Criminal 2663).
Charges based on blood alcohol concentration are charged separately as Prohibited Alcohol Concentration (PAC) – similar to charges based on Restricted Controlled Substances in your blood.
Penalties for a Third OWI in Wisconsin
Penalties for a 3rd offense OWI increase significantly from a second offense.
|
Penalty |
Details |
|---|---|
|
Jail Time |
45 days – 1 year. Some counties permit Huber or electronic monitoring. |
|
Fines + Court Costs & Surcharges |
$600 – $2,000 + court costs and OWI surcharge. |
|
License Revocation |
24 – 36 months + time spent in jail. |
|
Ignition Interlock Device (IID) |
24 – 36 months on all vehicles owned or operated. |
|
AODA Assessment |
Mandatory evaluation and compliance with all recommendations. |
Learn more about the requirements and options for an ignition interlock device in Wisconsin.
License penalties in third-offense OWI cases are often more complex than they appear. In addition to court-ordered revocation, drivers may face administrative penalties, refusal-related revocations, and delayed eligibility for occupational driving privileges depending on the facts of the case and the county involved.
Collateral Consequences
- Criminal record visible to employers and licensing boards.
- Insurance rate spikes or cancellation.
- Travel restrictions (Canada often bars entry).
- Permanent record that enhances future charges.
View our Wisconsin OWI Sentencing Guidelines page for county-specific sentencing structures.
Defense Strategies in Third Offense OWI Cases
A third offense OWI carries mandatory jail time and severe criminal penalties, making a careful and strategic legal defense essential. Even when prior offenses exist, the State must still prove that the traffic stop, OWI investigation, arrest, and chemical testing in the current case were conducted lawfully and reliably. Identifying legal or procedural errors can significantly affect both admissibility of evidence and sentencing exposure.
Common defense strategies in third-offense OWI cases include:
Many of these defenses are explained in greater detail on our OWI dismissal and defense strategies page.
OWI Treatment Court & Alternative Sentencing
Several Wisconsin counties offer OWI Treatment Court as an alternative to extended jail sentences for third offense OWIs.
Program Basics
- Minimum jail can be reduced to as low as 14 days.
- Strict probation, AODA treatment, and judicial monitoring.
- Requires regular court reviews and sobriety compliance.
- Eligibility varies by county and prior record.
Why Hiring an OWI Defense Lawyer Matters for a Third OWI
Facing a third OWI charge is a turning point. You are no longer dealing with short-term penalties—you are confronting mandatory jail time, long-term license loss, and permanent consequences that will affect every future OWI case. At this level, the outcome is heavily influenced by how early and how effectively your defense is built. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results necessary to protect your rights and minimize long-term damage.
Cases Results – OWI 3rd Offense
Get Help With Your Third Offense OWI Charge
A third OWI conviction carries mandatory jail time, long-term license revocation, and permanent consequences—but the outcome is not predetermined. A skilled OWI defense lawyer can identify legal weaknesses, challenge prior convictions, and advocate for reduced confinement and alternative sentencing where available.
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.