Wisconsin OWI Fourth Offense
A Fourth OWI Charge is a Class H Felony in Wisconsin
By this time, your OWI pattern is solid. You've gone to jail for your second OWI and third OWI. The consequence of this fourth OWI could be prison. Felony convictions carry severe consequences (no firearms, voting) which will impact you for the rest of your life.
What is the penalty for an OWI 4th in Wisconsin?
Upon conviction of an OWI 4th charge (a criminal charge in Wisconsin), you'll face the following penalties:
- 60 days – 6 years in prison
- 2-3 years driver license revocation
- Occupational permit (absolute sobriety)
- 12-18 month ignition interlock device (IID mandatory)
- $600+ fine
- Alcohol assessment and treatment (mandatory)
It no longer matters if your previous offenses were within the past five years. No matter the time span, all fourth offense OWI are felonies.
This Wisconsin Statute, Section 356.63(3) states:
(a) “Drive” means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.
(b) “Operate” means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
To drive a vehicle requires that the vehicle actually be moving. To operate a vehicle merely requires the turning of the key, turning over the engine which is enough to commit the 'operate' portion of the statute. Prosecutors must be able to prove each element of an offense before you can be found guilty of that offense.
How to win a 4th OWI charge?
Many times, DUI and OWI cases in Wisconsin are fought over challenges before trial. With fourth offense OWI, we will challenge the traffic stop of your vehicle. If officers had no reason to stop your vehicle, then we can argue that they have no reason to obtain evidence from the vehicle. Some of that evidence could be observation of alleged intoxication, field sobriety test, breathalyzer test, among others.
Fourth OWI is a criminal charge. As a result, you're guaranteed the right to a jury trial. Jury trials focus on many different aspects of the case; blood alcohol, breath test and other observations of the arresting officer(s). This step also focuses on the credibility of the arresting officer(s). It is imperative that you maintain your right to fight the charge at trial.
Obviously every case is different as each situation is mulit-faceted. We will begin disecting your case at your initial consultation, with our Milwaukee OWI lawyers working diligently for the best outcome for your OWI case.
Call the best Milwaukee Drunk Driving Lawyers.
Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.
DUI and OWI charges many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.
Our OWI Defense Lawyers in Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.
Our lawyers are simply the best OWI law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.