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Penalties for 5th DUI in Wisconsin (or Higher)

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Milwaukee Law Firm Representing DUIs Explains Penalties for a 5th DUI or Higher in Wisconsin

Multiple DUIs Attorney MilwaukeeAfter three OWI convictions, the legal BAC limit for driving is reduced from .08 to .02, making it far easier to be arrested for subsequent drunk driving violations.

Like being arrested for a 4th DUI in Wisconsin, the 5th DUI and every subsequent conviction is charged as a Class H felony under state law--regardless of when the previous offense took place. In addition to the standards set forth for each felony class, there are additional driving penalties and escalators which can increase your sentence.


2nd Offense OWI


Below, our Milwaukee law firm which represents DUI cases explains the penalties for being arrested for a 5th DUI, as well as the penalties for repeat DUIs above 5.

Lean more about OWI Statistics in Wisconsin

Penalties for 5th or 6th DUI in Wisconsin

Being arrested for a 5th or 6th DUI in Wisconsin will bring Class H felony charges, with additional penalties based on the nature of the crime:

  • $600-$10,000 in fines
  • $435 “driver improvement” surcharge
  • Up to 6 years imprisonment
  • Driver’s license revocation 2-3 years beyond prison term
  • Mandatory ignition interlock device (IID) installed in vehicle 1-3 years beyond prison term

As with other drunk driving laws in Wisconsin, you will be eligible to apply for an occupational driver’s license after 45 days, but you must maintain absolute sobriety to keep it.

Penalties for 7th, 8th or 9th DUI in Wisconsin

Convictions for a 7th, 8th or 9th DUI in Wisconsin follow the penalty structure for Class G felonies, plus additional driving restrictions, including:

  • Up to $25,000 in fines plus $435 surcharge
  • 3-10 years in prison
  • Driver’s license revoked & IID installed up to 3 years beyond confinement sentence

Penalties for 10th or Greater DUI in Wisconsin5th DUI Penalties Wisconsin

When you have been arrested for a 10th DUI (and every subsequent DUI thereafter), you will be charged with a Class F felony and face further penalties, including:

  • Up to $25,000 in fines plus “driver improvement” surcharge
  • 4 years to 12 1/2 years in prison
  • Revocation or driver’s license & IID requirement for up to 3 years after prison sentence

Penalties for a Repeat DUI in Wisconsin: The Multipliers

Other circumstances surrounding a repeat DUI in Wisconsin may multiply the drunk driving penalties you face. If there was a minor under the age of 16 in the vehicle at the time you were arrested for a repeat DUI, most penalties double:

  • Up to $20,000 (Class H) or $50,000 (Class G & F) in fines, plus surcharge
  • Up to 12 years (Class H), 20 years (Class G) or 25 years (Class F) confinement
  • 4-6 additional years of driver’s license revocation & mandatory IID installed in vehicle

Prosecutors may also apply an Excessive BAC Escalator which multiplies fines based on your tested BAC at the time of you were arrested for a DUI:

  • BAC .17-.199: Up to $20,000 (Class H) or $50,000 (Class G & F)
  • BAC .20-.249: Up to $30,000 (Class H) or $75,000 (Class G & F)
  • BAC .25 & higher: Up to $40,000 (Class H) or $100,000 (Class G & F)

Hire a DUI Lawyer in Milwaukee With a Record of Success in Getting DUI Charges Dropped or Reduced

Many people charged with a repeat DUI in Milwaukee or elsewhere in Wisconsin think it’s too expensive to hire a criminal defense attorney. Not surprisingly, more than 90% of those arrested for drunk driving in Wisconsin every year are found guilty.

If you’ve been arrested for a DUI in Milwaukee or elsewhere in Wisconsin and don’t know what to do next, turn to the award-winning Milwaukee DUI lawyer who is known nationwide for his record of getting drunk driving charges dropped or reduced.

Wisconsin criminal defense attorney and Milwaukee DUI lawyer, Tom Grieve, is revered as one of the best lawyers in the state. His experience as a former state prosecutor of drunk driving cases gives him unique insight into the court system.

Whether you were arrested for a 1st DUI in Waukesha or you were arrested for a 5th DUI in Milwaukee, Tom Grieve has a proven record of success for getting his client’s charges reduced or dropped completely. When it comes to your freedom, reputation and financial state, turn to the DUI lawyer Milwaukee and the entire state of Wisconsin trusts to produce a powerful, strategic, case-winning defense to beat drunk driving charges.

Tom is NOT a fee to plea™ lawyer. He does NOT make quick and easy plea deals that are easy on the court system. Tom fights tooth-and-nail over every shred of evidence in your case, finding angles and legal loopholes other Milwaukee criminal defense attorneys simply don’t have the expertise to do.

Contact the DUI defense attorney Milwaukee trusts to produce a case-winning defense and schedule your FREE case assessment.