Fourth Offense OWI in Wisconsin
Facing a 4th OWI charge in Wisconsin? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.
Understanding a Fourth Offense OWI in Wisconsin
A fourth OWI in Wisconsin is a felony offense that carries the possibility of prison time, extended license revocation, and permanent consequences. At this stage, OWI charges are no longer treated as escalating misdemeanors—courts and prosecutors handle them as serious felony cases with life-altering exposure.
At Chirafisi Anderson, S.C., our attorneys regularly defend individuals charged with fourth-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 Fourth 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 fourth offense OWI is charged under Wis. Stat. § 346.65(2)(am)4 when the State proves three 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 three qualifying prior offenses, the charge is elevated to a Class H felony, significantly increasing potential penalties and changing how the case is prosecuted and sentenced in court.
Key Points
- A fourth OWI in Wisconsin is a felony offense charged under Wis. Stat. § 346.63 and § 346.65(2)(am)4.
- Wisconsin applies a lifetime look-back period. Any prior OWI—no matter how old—may be used to enhance a fourth offense if it qualifies under Wis. Stat. § 343.307.
- A fourth OWI exposes you to state prison, not just county jail.
- License revocation is mandatory, and some fourth-offense cases result in lifetime revocation with no immediate eligibility for an occupational license.
- Prior OWI convictions can sometimes be challenged if they were not legally valid or properly documented.
- A felony OWI conviction carries permanent consequences, including impacts on employment, housing, and firearm rights.
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What the State Must Prove to Get a Conviction for a 4th Offense OWI
In a fourth-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 three prior countable OWI-related offenses.
Under Wisconsin law, the State must prove the following:
- 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
- Three Prior Valid Convictions – the State must prove that you have three 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 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 fourth offense OWI.
Penalties for a Fourth Offense OWI in Wisconsin
A fourth offense OWI is a felony and carries substantially harsher penalties than any prior OWI charge, including possible prison time.
|
Penalty |
Details |
|---|---|
|
Incarceration |
60 days – 6 years (jail → state-prison exposure). Sentences depend on BAC, prior timing, and county guidelines |
|
Fines + Court Costs & Surcharges |
$600 – $10,000 + court costs and OWI surcharge. |
|
License Revocation |
24 – 36 months + time spent in jail, 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. |
Learn more about the requirements and options for an ignition interlock device in Wisconsin.
Learn more about administrative and refusal hearing as well as what it takes to get an occupational license.
Collateral Consequences
Beyond incarceration and fines, a fourth OWI conviction carries severe and lasting consequences that extend well beyond the criminal case itself.
- A permanent felony record that appears on background checks and may affect employment, housing, and professional licensing.
- Lifetime driver’s license revocation in qualifying cases, with no eligibility for an occupational license for at least ten years.
- Loss of firearm rights as a result of a felony conviction.
- Significant and long-term insurance consequences, including cancellation or inability to obtain coverage.
- Substantially enhanced penalties for any future OWI-related charges.
For detailed sentencing ranges, visit our Wisconsin OWI Sentencing Guidelines.
Defense Strategies in 4th Offense OWI Cases
A fourth offense OWI is a felony charge that carries the risk of prison time and permanent consequences, making a thorough and strategic legal defense critical. Even at this level, the State must still prove that the traffic stop, OWI investigation, arrest, and chemical testing were conducted lawfully and that prior convictions are legally valid and properly counted.
Common defense strategies in fourth-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
Some Wisconsin jurisdictions operate Felony OWI Treatment Courts designed to rehabilitate repeat offenders while maintaining public safety.
Program Overview
- Jail time can be significantly reduced.
- Mandatory treatment, sobriety testing, and judicial reviews.
- Regular progress hearings with strict accountability.
- Eligibility is case-specific and requires defense advocacy to secure acceptance.
Why Hiring an OWI Defense Lawyer Matters for a Fourth Offense OWI
Facing a fourth OWI charge means you are confronting a felony prosecution with potential 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 felony OWI charges.
4th Offense OWI Case Results
Get Help With Your Fourth Offense OWI Charge
A fourth OWI charge is a felony that carries the risk of 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 reduce sentencing exposure where possible.
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, Dodge, Iowa, and Green Counties.