Prior OWI Offense Counting

Note: Refusals and convictions from the same incident continue to count as one prior offense.

New counting rules for violations on or after 01/01/2001:

1. Consider:

• All 940.25 violations (great bodily harm by intoxicated use of a motor vehicle. Includes GBH, CBH, HBH, CAH and HAH.) PLUS

• All 940.09(1) violations (homicide by intoxicated use of a motor vehicle). PLUS

• All other OWI offenses counted under s.343.307(1) or (2) with violation dates on or after January 1, 1989.

• (Includes OWI, PAC, CWI, HWI, OCS, HCS, OII, HII, IC, CIC and HIC.)

2. Are there two or more prior offenses?

• __ Yes? Every offense counted counts as a prior offense.

• __ No? Go to #3.

3. Is the one prior offense for a 940.09(1) or 940.25 violation?

• __ Yes? Second offense.

• __ No? Go to #4.

4. Did the one prior offense occur within the preceding 10 years?

• __ Yes? Second offense.

• __ No? First offense.