How Serious is a Fourth Wisconsin OWI?

 Posted on December 13, 2024 in OWI

A 40-year-old Wisconsin man was recently pulled over for driving with no headlights. Before the police had the opportunity to administer impaired driving tests, the man exited the vehicle, lay on the ground, and stated, "You got me." The driver subsequently consented to a search of his person and vehicle. The police allegedly found cocaine in the driver’s pocket, along with a half-full pitcher of beer taken from a local pub on the floorboard.

Field sobriety tests were then performed, and the man was arrested for his fourth OWI offense. Because of prior OWI convictions, the man was subject to a 0.02 alcohol concentration restriction and was driving with a revoked license and without a mandatory ignition interlock device. His chemical breath test showed a BAC of 0.11 percent.

If you are facing a third, fourth, or subsequent OWI in Wisconsin, you must take these charges very seriously, as the penalties can be severe. An experienced Brookfield, WI, OWI attorney can help ensure that your rights are properly protected and that you receive a vigorous defense for your charges.

What Are the Penalties for a Fourth OWI Offense?

A fourth OWI is charged as a Class H felony with penalties of up to six years in prison and fines as large as $10,000. Unfortunately, these penalties are only the beginning of the hardships you could face following a fourth OWI. You could potentially have your driving privileges revoked for the remainder of your life if your fourth OWI was within 15 years of your third. If your third OWI conviction was more than 15 years before the fourth, you will face a driver’s license revocation for a period of two to three years.

Unlike a second or third OWI conviction, if your fourth OWI license revocation is for life, you must wait 10 years before you can apply for reinstatement.   It is important to note that with three prior OWI convictions, you could be convicted of a fourth OWI with a BAC of only 0.02 percent under Wisconsin’s prohibited alcohol concentration laws.  

Even if you are not allowed to drive, a fourth OWI conviction requires you to have an ignition interlock device installed in every vehicle you own for a period of one to three years, plus the length of your confinement. If you are convicted of a fourth OWI, you cannot vote in the state until all conditions of your sentence are fulfilled and you are no longer on parole, probation, or extended supervision. You will be prohibited from owning a firearm and may face challenges in securing employment or even renting a home.  

Are There Defenses to a Fourth OWI?

It is clearly much more difficult to defend a fourth OWI than a first, second, or even third. Unfortunately, the stakes are much higher, so a strong defense is crucial. Your OWI attorney will consider the following questions when building a defense:

• Are there motions that can be filed to put your OWI case in a better position?
• Can it be shown that you were not actually driving or in control of the vehicle at the time of your arrest?
• Did the police have probable cause or reasonable suspicion to stop you?
• Once stopped, was there justification to extend the traffic stop beyond the initial purpose?
• Is there any chance of a plea deal that could reduce your jail time and/or length of license revocation?

Every situation is different, necessitating a unique defense based on the specifics of the arrest, but one or more of these issues may help build a strong defense on your behalf.

Contact a Waukesha County, WI OWI Lawyer

If you are facing a fourth OWI, you need a highly skilled legal advocate on your side throughout the process. When you choose a Waukesha, WI OWI attorney from Bucher, Wolff & Sonderhouse, LLP, you can rest assured that you are in good hands. We are available seven days a week, 24 hours a day for your convenience. Call 262-232-6699 to schedule your free consultation to discuss your charges.