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Felony drunk driving is any DUI OWI DWI 5th, 6th or higher offense, or a vehicular homicide by intoxicated use of a motor vehicle.

Attorney Tracey Wood helps defendant get lesser charge for drunk driving offense. State charges first offense OWI instead of intended 3rd offense. A 1st OWI is not a crime; a third OWI is a misdemeanor crime.

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5th, 6th or higher OWI

Wisconsin drunk driving offenses (an OWI - operating while under the influence, or OMVWI - operating a motor vehicle while intoxicated) are a felony offense when the alleged drunk driver has four prior drunk driving convictions or refusals. The penalties for a felony drunk driving offense include mandatory jail time and fines. A court can also include other required forfeitures, such as the convicted person's vehicle. You can refer to Wisconsin sentencing guidelines for more information about the various counties' court sentencing guidelines. Courts can (and often do) sentence people convicted of any drunk driving offense to harsher penalties than are listed on the guidelines.

Vehicular homicide while intoxicated

If a person causes the death of another person or an unborn child by operating or handling a vehicle while under the influence of an intoxicant or having a detectable amount of a restricted controlled substances in their blood, or if the person has a prohibited alcohol concentration level, they may be charged with vehicular homicide while intoxicated - a class D Felony, unless the person has a prior qualifying conviction, suspension, or revocation, then they may be charged with a class C Felony. [See also Vehicular Homicide].

For a Class C Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 40 years, or both.

For a Class D Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 25 years, or both.

Van Wagner & Wood - Drunk Driving Defense Attorneys

Attorney Tracey Wood of Van Wagner & Wood is frequently consulted as an authority on Wisconsin's drunk driving laws and defenses. Attorney Wood is the president of the Wisconsin Association of Criminal Defense Lawyers, Wisconsin's first Board of Regents member to the National College for DUI Defense, and the author of Challenging Prior Under the Influence Convictions.

Contact Van Wagner & Wood

Free Initial Consultation

The drunk driving defense attorneys at Van Wagner & Wood stand ready to investigate and challenge your pending charges. For a free and confidential evaluation of the merits of your case by a very knowledge lawyer, please call ( or toll free ) or e-mail right away.