Rule change coming Jan. 1 on OWI penalties in Wisconsin

Fourth-time offenders will be felons, but penalties probably stay same.

Drivers in Wisconsin who get a fourth drunk-driving arrest better hope that it happens before New Year’s Day.

Right now, you don’t get charged with a felony for OWI until the fifth time in most cases.

Sunday, that changes to felony on the fourth arrest with no exceptions. Right now, it’s only a felony if it’s within five years of the last OWI, according to La Crosse DA Tim Gruenke.

Aside from that, the new rule might not change a whole lot.

“I don’t think it’ll be more people because once you reach third offense and above you’re usually sent to OWI court,” Gruenke said. 

He also doesn’t see the penalties increasing.

“Really what these penalties do is increase the ability of judges to send people to prison longer if they want to,” Gruenke said. “Most people in our system aren’t getting the max penalties now, so I don’t see our penalties changing a whole lot.”

Wisconsin remains the only state which doesn’t treat a first-time OWI as a crime. And Gruenke says that law isn’t likely to change soon, although it has been discussed in Madison.