Third Offense OWI in Wisconsin
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Madison, WI
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Facing a Third Offense OWI in Wisconsin? What You Need to Know
A third offense OWI in Wisconsin marks a major turning point in your legal record. Unlike first or second offenses, a third OWI carries significantly harsher penalties and moves you closer to felony OWI status if convicted again. Wisconsin courts treat repeat OWI offenses with increasing severity, meaning judges and prosecutors are less likely to offer leniency.
3rd Offense OWI Lawyer in Madison, WI
If you are facing a third OWI charge, you need a skilled and aggressive defense attorney who understands repeat offender sentencing laws and can explore every possible legal defense. At DK Anderson, S.C., we focus on defending repeat OWI offenders, identifying weaknesses in the state’s case, and strategically fighting for reduced penalties or case dismissal.
Penalties for a Third OWI in Wisconsin
Under Wisconsin OWI laws (Wis. Stat. § 346.65(2)), a third OWI is still classified as a misdemeanor, but the penalties escalate significantly. Fines range from $600 up to $2000 (+ court costs and OWI surcharges), a mandatory jail sentence of 45 days up to 1 year, revocation of your driver’s license for 24 months up to 36 months, ignition interlock device for 24 months up to 36 months, and the mandatory AODA and follow up treatment.
Prosecutors and judges across southern Wisconsin base their recommendation and sentence on a variety of factors including the blood alcohol content (BAC) and any mitigating or aggravating factors. The recency of your prior OWI convictions will also be a factor in the court’s sentence. Below is a sample of the OWI sentencing Guidelines for Dane County.
➡ Why These Penalties Are Harsher
Wisconsin enforces increasingly strict penalties for repeat OWI offenses. A third conviction means mandatory jail time, and penalties increase for higher BAC levels or test refusal cases. Judges across southern Wisconsin enforce these laws strictly, with fewer opportunities for leniency.
➡ Can These Penalties Be Reduced?
Possibly. Some counties offer OWI Treatment Court or alternative sentencing, which can reduce jail time in exchange for probation, alcohol treatment, and strict compliance requirements. However, judges have broad discretion in these cases, making strong legal representation essential.
What Makes a Third OWI Different?
A third OWI is a turning point because:
- It significantly increases the risk of felony charges if convicted again.
- The courts treat third-time offenders as high-risk, making plea deals harder to secure.
- Prosecutors are more aggressive, often pushing for the maximum penalties.
- A third OWI can have major employment, housing, and travel consequences due to its criminal record impact.
- A fourth OWI is automatically a felony, meaning another offense could result in state prison time.
OWI Treatment Court & Alternative Sentencing for Third Offenders
Some Wisconsin counties offer OWI Treatment Courts as an alternative to long jail sentences.
- Requires a minimum of 14 days in jail before participation.
- Includes strict probation, alcohol treatment, and ongoing monitoring.
- Eligibility varies by county, and acceptance is not guaranteed.
An experienced OWI attorney can help determine if OWI Treatment Court is an option for your case.
How DK Anderson, S.C. Fights Third Offense OWI Charges
We provide custom defense strategies tailored to third-time OWI offenders, including:
✔ Challenging the Legality of the Traffic Stop – If the officer lacked probable cause, the case may be dismissed.
✔ Questioning Prior OWI Convictions – If a past OWI was improperly counted, it may not apply.
✔ Attacking Field Sobriety & Breathalyzer Tests – Many tests are administered incorrectly, leading to unreliable results.
✔ Challenging Blood Alcohol Evidence – Mishandled samples or faulty testing equipment can invalidate evidence.
✔ Negotiating Charge Reductions – In some cases, plea agreements can reduce the charges or penalties.
🔹 Every case is different—our legal team will build a custom defense strategy based on your unique situation.
Why Choose DK Anderson, S.C. for Your OWI Defense?
✔ Extensive Experience in OWI Defense – We have a strong record of helping clients avoid harsh OWI penalties.
✔ Respected by Judges and Prosecutors – Our firm is well-known in Wisconsin courts for aggressive OWI defense.
✔ Personalized Strategy for Every Case – No cookie-cutter defenses—we fight for the best possible outcome in every situation.
Take Action Now – Protect Your Future
📞 Call (608) 204-5807 today to Start Your Defense!
Frequently Asked Questions - 3rd OWI in Wisconsin
No. Jail time is mandatory if convicted, but OWI treatment court programs in some counties may reduce the sentence. Minimum jail time is 45 days.
For a third OWI conviction, your license will be revoked for a minimum of 24 months to a maximum of 3 years. You must wait at least 45 days before applying for an occupational license.
Yes. Fines double, triple, or quadruple if your BAC was .17 or higher. Total fines and costs can exceed $10,000 when including fees, IID costs, and increased insurance rates.
Yes. For a third OWI, you cannot schedule a report date—you must go to jail immediately after sentencing.
Yes. An IID is required for at least 2 years (and up to 3 years) on all vehicles registered in your name.
Fines range from *$600 – $2000 (+court costs and OWI surcharges), a minimum of **45 days jail up to 1 year in jail, revocation of your driver’s license for 24 months up to 36 months, ignition interlock device for 24 months up to 36 months, and the mandatory AODA and follow up treatment.
*fines can double, triple or even quadruple based on the level of BAC
**Certain treatment options may result in a lower up front jail sentence
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
Drug Charges
Our Wisconsin Drug charge attorneys know the law and how to apply that law in the court room.
Domestic Violence
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.