How Many DUIs is a Felony in Wisconsin?
In Wisconsin, the laws regarding driving under the influence (DUI) are strict, and the consequences for repeat offenders can be severe. While a first-time DUI offense is typically a misdemeanor, subsequent offenses can escalate to a felony. But how many DUIs is a felony in Wisconsin?
Understanding Wisconsin’s DUI Laws
Before diving into the specifics of felony DUIs, it’s essential to understand Wisconsin’s DUI laws. According to Wisconsin Statute § 346.63, a person is guilty of a DUI if they operate a motor vehicle while under the influence of an intoxicant, a controlled substance, or a combination of both.
Misdemeanor DUI Offenses
A first-time DUI offense in Wisconsin is typically a misdemeanor, punishable by:
- Up to 30 days in jail
- A fine of up to $1,000
- A license suspension of up to 6 months
- Mandatory ignition interlock device (IID) installation for up to 2 years
Felony DUI Offenses
However, subsequent DUI offenses can escalate to a felony. In Wisconsin, a person can be charged with a felony DUI if they have:
- Two or more prior DUI convictions within the past 5 years: A second or subsequent DUI conviction within 5 years of a previous conviction can result in a felony charge.
- Three or more prior DUI convictions within the past 10 years: A third or subsequent DUI conviction within 10 years of a previous conviction can also result in a felony charge.
Felony DUI Penalties
If convicted of a felony DUI, the penalties can be severe:
- Up to 6 years in prison
- A fine of up to $10,000
- A license revocation of up to 2 years
- Mandatory IID installation for up to 2 years
Additional Consequences
In addition to the criminal penalties, a felony DUI conviction can also result in:
- Increased insurance rates: Insurance companies may view a felony DUI conviction as a high-risk behavior, leading to increased premiums.
- Job loss or difficulties: A felony conviction can make it challenging to find employment, especially in industries that require a clean criminal record.
- Social and personal consequences: A felony DUI conviction can also have significant social and personal consequences, including damage to relationships and reputation.
Table: Wisconsin DUI Offense Levels
| Offense Level | Penalty |
|---|---|
| Misdemeanor (1st offense) | Up to 30 days in jail, fine up to $1,000, license suspension up to 6 months |
| Misdemeanor (2nd offense within 5 years) | Up to 1 year in jail, fine up to $2,000, license revocation up to 2 years |
| Felony (2nd offense within 5 years) | Up to 6 years in prison, fine up to $10,000, license revocation up to 2 years |
| Felony (3rd offense within 10 years) | Up to 6 years in prison, fine up to $10,000, license revocation up to 2 years |
Conclusion
In Wisconsin, a felony DUI is typically charged when a person has two or more prior DUI convictions within the past 5 years or three or more prior DUI convictions within the past 10 years. The penalties for a felony DUI are severe, including up to 6 years in prison, a fine of up to $10,000, and a license revocation of up to 2 years. It’s essential for individuals to understand the laws and consequences of DUI offenses in Wisconsin to avoid the devastating consequences of a felony conviction.
