Seventh, Eighth & Ninth Offense OWI in Wisconsin
Facing a 7th, 8th or 9th OWI charge in Wisconsin? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.
Understanding Seventh, Eighth, and Ninth OWI Charges in Wisconsin
A seventh, eighth, or ninth OWI in Wisconsin is prosecuted as an extremely serious felony offense and carries the risk of lengthy prison sentences and permanent consequences. At this level, OWI cases are no longer viewed as repeat offenses alone—they are treated as high-exposure felony prosecutions with lifelong implications.
Courts and prosecutors handle seventh-, eighth-, and ninth-offense OWI cases aggressively. A conviction can result in multi-year incarceration, permanent loss of driving privileges, loss of firearm rights, and severe limitations on employment, housing, and professional licensing.
At Chirafisi Anderson, S.C., our attorneys defend individuals charged with high-level 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 Seventh, Eighth, and Ninth 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 seventh, eighth, or ninth offense OWI is charged under Wis. Stat. § 346.65(2)(am)6 when the State proves six or more prior countable OWI-related offenses. Whether a prior offense qualifies is governed by Wis. Stat. § 343.307, which permits 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 F felony, substantially increasing sentencing exposure and requiring the court to impose a bifurcated prison sentence under Wisconsin law.
Key Points
- A seventh, eighth, or ninth OWI in Wisconsin is a Class F felony charged under Wis. Stat. § 346.63 and § 346.65(2)(am)6.
- Wisconsin applies a lifetime look-back period. Any prior OWI—no matter how old—may be used to enhance these charges if it qualifies under Wis. Stat. § 343.307.
- Conviction carries mandatory multi-year prison exposure and requires a bifurcated sentence, with an initial confinement portion of 3 years.
- Lifetime driver’s license revocation is common, with extremely limited paths to reinstatement.
REQUEST A FREE AND CONFIDENTIAL CONSULTATION
What the State Must Prove to Get a Conviction for a 7th, 8th or 9th Offense OWI
In a seventh-, eighth-, or ninth-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 six or more prior countable OWI-related offenses.
To secure a conviction, prosecutors must establish beyond a reasonable doubt:
- Operation of a Motor Vehicle — You operated or controlled a vehicle on a public roadway.
- At the time you operated a motor vehicle, your ability to do so was impaired by an intoxicant; and
- Six or more Prior Valid Convictions – The State must prove that each prior counts under Wis. Stat. § 343.307(1).
These elements can be found in 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 felony offense OWIs.
Penalties for a Seventh, Eighth and Ninth OWI in Wisconsin
Under Wis. Stat. § 346.65(2)(am)6, a conviction for a 7th, 8th and 9th OWI is classified as a Class F 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 |
Mandatory minimum of 3 years confinement in prison up to a total of 12.5 years imprisonment. |
|
Fines + Court Costs & Surcharges |
$600 – $25,000 plus costs and surcharges. |
|
License Revocation |
Up to lifetime revocation. |
|
Ignition Interlock Device (IID) |
IID required upon reinstatement or occupational license. |
|
AODA Assessment |
Mandatory evaluation and treatment compliance. |
|
Felony Record |
PermanentClass F Felony – cannot be expunged or sealed. |
Collateral Consequences
- Permanent loss of firearm rights under federal law.
- Driver’s license reinstatement may be permanently denied.
- Employment, licensing, and housing restrictions.
For sentencing examples and county-level variations, see our Wisconsin OWI Sentencing Guidelines
Defense Strategies for Seventh, Eighth, and Ninth OWI Cases
Seventh-, eighth-, and ninth-offense OWI cases are extreme repeater felony prosecutions with mandatory multi-year prison exposure. At this level, the defense must focus not only on the current OWI investigation, but also on whether the State can legally rely on each alleged prior conviction to justify felony classification and sentencing enhancements.
Common defense strategies in seventh-, eighth-, and ninth-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 Seventh, Eighth, and Ninth OWI
Facing a seventh, eighth, or ninth OWI charge means confronting a felony prosecution with mandatory multi-year prison exposure and permanent consequences. At this level, early strategic decisions—regarding investigation, litigation, and sentencing advocacy—can significantly affect the outcome of the case. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results necessary to defend the most serious OWI charges under Wisconsin law.
7th, 8th, and 9th OWI Case Results
Get Help With Your Seventh, Eighth, or Ninth OWI Charge
A seventh, eighth, or ninth OWI charge is among the most serious OWI prosecutions in Wisconsin and carries mandatory multi-year prison exposure and permanent consequences—but the outcome is not predetermined. A focused and strategic defense can challenge the State’s evidence, contest prior convictions, and advocate for reduced confinement 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.