Answer: So, this has a variety of answers. An OWI is a felony in Wisconsin if there are serious injuries, if there is a great bodily harm or death involved. There can be a felony charged if it is a third offense or higher and there is a passenger in the vehicle and the passenger is under the age of 16. The more standard felonies for OWI is a fourth offense if your prior OWI was within five years, that fourth offense is a felony. The fourth offense is not a felony if the prior offense, the most recent prior is more than five years away. Any fifth offense OWI or higher is a felony.