2nd DUI in 4years 9months
I recently was arrenst for my 2nd DUI. My first was a refusal in March of 03. Is there any way that I will be able to get an occupaional lisences. I know it is 5 years but it has been 4years and 9months. Also is it worth getting a laywer.
1 Answer from Attorneys
2nd DUI/OWI in Four Years, Nine Months, WI Occupational License
I believe that it is still possible to get an occupational, although one sometimes must sometimes petition a judge directly rather than the DOT in multiple offense scenarios. Such a person also can expect to jump through many hoops before getting the occupational, which could include completing the drug and alcohol assessment, installing an ignition interlock device, and awaiting the expiration of a statutory waiting period. I could not begin to advise you without knowing all your facts. However, I can give the following advice which applies to any case (such as DUI 2nd) where you could go to jail for six months, lose your license for years, and pay tens of thousands of dollars over the next 10 years in added insurance costs and fines: Get a lawyer. Even if the lawyer eventually recommends negotiating a plea after a full investigation, he or she can still help you make a more favorable impression upon the sentencing judge. And, win, lose or draw, any lawyer would also recommend that a second offender consider treatment for alcohol abuse, since a third offense is much worse--most sentences are far closer to the one year maximum than they are to the 30 day statutory minimum for DUI 3rd. An experienced criminal/traffic lawyer will be aware of defenses which may not be apparent to a layman. Only someone who stays up to date on the case law as well as the frequent statutory revisions in this complex area of the law can tell if any of these defenses might apply to you. Good luck!
Related Questions & Answers
-
DUI's what are the charges for a 5th offense DUI Asked 12/18/07, 6:10 pm in United States Wisconsin Drunk Driving & DUI Law
-
Dui what happens when you had a dui over 10 years ago Asked 12/09/07, 10:00 am in United States Wisconsin Drunk Driving & DUI Law