Does a 2003 OWI count for a 4th OWI charge in 2026 in Wisconsin?

Generally, no. In Wisconsin, a 2003 OWI conviction can count as a prior conviction for a 2026 fourth-offense OWI because Wisconsin uses a lifetime lookback period, not a 10-year lookback. The critical issue is whether the 2003 matter resulted in a qualifying conviction and how many other countable offenses exist.

Effect of the 2003 OWI

Wisconsin’s OWI penalty statute counts qualifying convictions, suspensions, and revocations occurring during the person’s lifetime. For a fourth countable offense, the person generally faces a Class H felony, with at least 60 days of imprisonment, subject to statutory exceptions and sentencing rules. Wis. Stat. § 346.65(2)(am)4 [2]

Thus, assuming the person has three prior countable OWI-related offenses—including the 2003 conviction—the 2026 offense may properly be charged and sentenced as a fourth offense, even though approximately 23 years have elapsed.

The statute expressly includes convictions and other qualifying events “in the person’s lifetime.” Wis. Stat. § 346.65(2)(am)4 [2]

What may still matter

IssuePotential significance
2003 offense was only charged, not convictedA dismissed charge or acquittal ordinarily should not count as a conviction.
Prior offense was from another stateIt may count if it qualifies under Wisconsin’s prior-offense statutes.
Prior suspensions or revocationsSome may count in addition to convictions under Wis. Stat. § 343.307(1).
Multiple matters arose from one incidentSuspensions, revocations, or convictions arising from the same incident generally count as one for penalty purposes. Wis. Stat. § 346.65(2)(am)4 [2]
2003 offense occurred under older lawThe conviction’s age alone does not remove it from the lifetime count. Wisconsin previously used shorter lookback periods but later changed to lifetime counting. [1]
Date of the 2026 conductThe applicable statute and penalty classification generally depend on the law in effect when the new offense occurred, not merely when the case is charged.

Bottom line

If the 2003 OWI was a valid conviction and the person has two additional qualifying prior offenses, the 2026 case can ordinarily be prosecuted as a fourth-offense OWI felony. The age of the 2003 conviction may be relevant to negotiations, sentencing arguments, and factual proof, but it generally does not prevent it from being counted.

Sources & References

  1. Wisconsin Court of Appeals
  2. Wis. Stat. § 346.65