Third Offense OWI in Wisconsin
- Our Location
Madison, WI
- Free Consultations
(608) 204-5807
Madison, WI 3rd Offense Drunk Driving Lawyers
Facing a Third Offense OWI in Wisconsin? What You Need to Know
A third offense OWI in Wisconsin is a major legal turning point. Unlike first or second offenses, which are sometimes treated with leniency, a third OWI carries mandatory jail time, severe fines, and long-term consequences. The state takes repeat offenses seriously, meaning judges and prosecutors often impose harsh penalties.
If you are facing a third OWI charge, you need an aggressive and experienced defense attorney to protect your rights, fight for reduced penalties, and explore all possible legal defenses. At DK Anderson, S.C., we specialize in defending repeat OWI offenders and ensuring that your case is handled strategically and professionally.
Understanding the Legal Consequences of a Third OWI in Wisconsin
A third OWI is still classified as a misdemeanor, but the penalties are far more severe than a first or second offense.
1. Mandatory Jail Time
- Minimum of 45 days in county jail
- Maximum of 1 year in jail
- No ability to delay sentencing—jail time begins immediately upon conviction
🔹 High BAC levels (above .17) or recent prior convictions can result in longer sentences.
2. Large Fines & Financial Penalties
- Minimum $600 fine
- Maximum $2,000 fine
- Fines double, triple, or quadruple for high BAC levels:
- .17 – .199 BAC → Fines double
- .20 – .249 BAC → Fines triple
- .25+ BAC → Fines quadruple
- Court fees & surcharges significantly increase costs
- Fines double, triple, or quadruple for high BAC levels:
💰 Total costs (including fees, IID, and increased insurance rates) can exceed $10,000.
3. Driver’s License Revocation
- License revoked for 2 – 3 years
- Revocation period begins AFTER jail sentence is served
- 45-day waiting period before applying for an occupational license
🚨 If you refused a breath or blood test, and are convicted of refusing, the waiting period extends to 90 days.
4. Ignition Interlock Device (IID) Requirement
- Required for 2 – 3 years on all vehicles registered in your name
- Must be installed at your own expense (~$1,000/year)
- Mandatory for all OWI second offenses and beyond
5. OWI Treatment Court & Alternative Sentencing Options
✔ Some counties offer OWI treatment courts to reduce jail time.
✔ Minimum 14 days in jail required for participants.
✔ Participants must complete probation and alcohol treatment.
✔ Availability varies by county—contact an attorney for eligibility.
Can a Third OWI Be Charged as a Felony?
A third offense OWI is usually a misdemeanor, but it can be elevated to a felony if certain conditions apply:
- You had a minor (under 16) in the vehicle → Automatically a felony
- Prior OWI-related injury or homicide charges → Prosecutors may seek felony enhancements
- Multiple OWI convictions in a short period → Stronger push for felony treatment
⚠️ A felony OWI conviction can lead to prison time, loss of firearm rights, and lifetime restrictions.
How DK Anderson, S.C. Fights Third OWI Charges
✔ Challenging the Legality of the Traffic Stop – Did the officer have probable cause to stop you? If not, the case may be dismissed.
✔ Questioning Field Sobriety & Breathalyzer Tests – Were the tests properly administered? We analyze errors in police procedure.
✔ Challenging Blood Alcohol Evidence – Blood and breath tests can be unreliable due to mishandling or faulty equipment.
✔ Exploring OWI Treatment Court Options – We help qualifying clients avoid extended jail time.
✔ Negotiating Charge Reductions – In some cases, we fight for lesser 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 & 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
🚨 A third OWI conviction can have devastating effects on your life, job, and finances. Don’t wait—speak with an experienced OWI attorney today.
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 2 to 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.
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.