What Are the Penalties for Getting an OWI with a Child in the Car?

 Posted on February 03, 2026 in DUI/OWI

Getting arrested for OWI is a scary experience, but not an uncommon one. Recent national data shows that 804,926 Americans were arrested for suspected impaired driving in one year, representing about 11 percent of all arrests nationwide at that time. So, you are not alone. However, having a child in the car at the time puts additional strain on your case.

As of 2026, Wisconsin does not convict a separate crime called "OWI with a child in the car." Instead, the law adds penalty enhancements when a passenger under sixteen is present. Those enhancements can significantly increase the consequences of a conviction.

If you are dealing with an OWI involving a child passenger, a Walworth County, WI OWI defense lawyer can help you understand what Wisconsin law actually requires and what penalties may apply.

How Does Having a Child in the Car Increase OWI Penalties?

When a child passenger is involved, judges are required to add penalties on top of the standard OWI consequences. Under Wis. Stat. § 346.65, these enhancements are mandatory when a passenger under the age of sixteen is present. They can quickly raise the stakes in the case.

Possible added penalties include:

• Additional fines beyond the normal OWI penalties

• Increased jail exposure for repeat offenses

• Longer driver’s license revocation periods

• Mandatory alcohol assessment and treatment requirements

These consequences apply whether the OWI is a first offense or a repeat offense.

Is an OWI With a Child in the Car Automatically a Felony in Wisconsin?

An OWI with a child passenger is not automatically a felony. The charge level still depends on how many prior OWI convictions a driver has.

However, the case may become a felony if other factors are present, such as a fourth or subsequent OWI or allegations that the child was harmed or placed at serious risk.

Can Other Charges Be Filed When a Child Is Present During an OWI in Wisconsin?

In some cases, prosecutors may look beyond OWI penalties and consider additional charges based on the specific facts of the stop and arrest. These can include allegations of child neglect or endangerment, claims that the driver acted with reckless disregard for safety, or charges tied to unsafe driving behavior.

This will not happen in every case. However, if you have been charged in addition to an OWI, our criminal defense attorney can help.

What Defenses May Apply in an OWI Case Involving a Child?

These cases often depend on specific legal details, and defenses may be available depending on how the stop and arrest occurred.

Possible defenses may include:

• An unlawful traffic stop, where police did not have a valid legal reason to pull the vehicle over

• Problems with field sobriety testing, including improper instructions, poor testing conditions, or medical or emotional factors that affected performance

• Errors with chemical testing, such as improper timing, faulty equipment, or mistakes in handling breath or blood samples

• Challenges to the child passenger enhancement, including whether the child’s age or presence in the vehicle was correctly established under the law

How Can a Defense Lawyer Help in an OWI With a Child Case?

An OWI defense is not limited to admitting guilt or going to trial. A lawyer can review each step of the case to make sure the law was followed and your rights were protected.

A defense attorney can examine the stop, the arrest, the testing procedures, and how penalties are applied. In some cases, this review can lead to reduced penalties or dismissal of certain enhancements.

Schedule a Free Consultation With Our Ozaukee County, WI OWI Defense Attorney

At Bucher Law Group, LLC, we know how frightening an OWI charge can be, especially when a child passenger enhancement is involved. Attorney Bucher spent 20 years as the Waukesha County District Attorney and litigated thousands of cases across Wisconsin. That depth of experience matters when the stakes are high.

If you are facing an OWI charge involving a child, do not try to navigate it alone. Call 262-446-9222 to schedule your free consultation with a Walworth County, WI OWI defense lawyer today.