What Counts as Felony Use of a Motor Vehicle in WI?

 Posted on November 29, 2025 in Criminal Defense

Motor vehicle offenses in Wisconsin cover far more than OWIs and traffic infractions. When a vehicle is taken, operated, or used in a way that suggests theft, evasion, force, or reckless disregard for safety, prosecutors may file a felony under several different statutes. In Wisconsin, the criminal offense of "felony use of a motor vehicle" is not limited to classic auto theft scenarios. Prosecutors can file felony charges, even when the driver had partial permission or was involved in a situation that escalated far beyond simple unauthorized use.

Since Wisconsin criminal law splits motor-vehicle misuse into multiple statutes – each with different intent requirements and penalty levels – drivers can be surprised to learn they are facing Class H or Class I felony exposure for conduct they never viewed as "criminal." It is beneficial to understand the specific statute behind the charge and to speak to a knowledgeable Waukesha County, WI criminal defense lawyer who can build an effective defense on your behalf.

What Is "Felony Use of a Motor Vehicle" in Wisconsin?

Several Wisconsin laws can turn vehicle-related conduct into a felony. The primary motor-vehicle theft statute (Wisconsin Statute Section 943.23) contains multiple subsections, each with different intent and penalty structures. For example, taking a motor vehicle without consent with the intent to steal is a Class H felony. Taking by force, threat, or while armed, is elevated to a Class F felony. Operating without consent, even without intent to permanently take the vehicle, is a Class I felony.

Fleeing or eluding police in a vehicle is a felony offense under Section 346.04(3) when the driver willfully disregards a police signal. Felony upgrades can apply when someone is injured or killed. Using a vehicle in dangerous or violent conduct – such as reckless endangerment or using a vehicle to facilitate a burglary can trigger separate felony charges.

What Are Some Common Scenarios That Can Trigger Felony Charges?

Often, a "borrowing" or "joyriding" situation can quickly escalate into felony charges. This can occur when a person believes he or she had permission to drive the car but cannot prove it, or when a family member’s vehicle was taken during a conflict. If the vehicle is damaged or used to transport drugs or stolen property, the charges can escalate quickly. Wisconsin allows prosecutors to charge the driver, even when there was no intent to steal; simply driving the car without the owner’s permission is sufficient for charges.

Regarding fleeing or eluding law enforcement, even a single moment of poor judgment during a traffic stop can result in a Class H felony charge. Fleeing becomes a more severe crime if the chase results in an injury to another person (Class F felony) or a chase causes a death (Class E felony). A vehicle can also be considered a dangerous weapon when used to threaten, intimidate, or endanger others. The car does not even need to make physical contact for charges. A hazardous maneuver can support felony reckless endangerment charges.  

What Are the Penalties for Felony Motor Vehicle Offenses in Wisconsin?

The following penalties are in place for felony motor vehicle offenses in Wisconsin:

• A Class I felony can result in up to three-and-a-half years in prison.
• A Class H felony can result in up to six years in prison.
• A Class F felony can result in up to 12.5 years in prison.
• A Class E felony can result in up to 15 years in prison.

Additional consequences may include:

• Vehicle impoundment
• Long-term insurance increases
• Ineligibility for jobs that require driving
• Mandatory driver’s license revocation
• Restitution for any property damage
• Immigration consequences for non-citizens
• Difficulty securing housing or employment due to a felony record

Contact an Ozaukee County, WI Criminal Defense Lawyer

If you or a loved one is facing a felony motor vehicle charge in Wisconsin, you should not wait in the hope that it will go away. The penalties can be very severe for a seemingly minor offense, so it is important that you have a highly experienced Waukesha, WI felony crimes attorney from Bucher Law Group, LLC by your side. Attorney Bucher spent two decades as the Waukesha County District Attorney - experience that benefits his clients. Call 262-446-9222 to schedule your free consultation.