Legal Question in DUI Law in Wisconsin

Penalties for 3rd DUI, OWI, Drunken Driving

Third offense drunken driving penalties are usually determined by blood alcohol content (or "BAC"). Higher readings (and refusals to take tests in which judges to presume the BAC would have been high) tend to lead to sentences closer to the one year maximum. However, it is rare not to have a test these days since forced blood is usually taken even if the suspect resists in second and third offense cases. Even with BAC's close to the .08 threshold of guilt, it is rare to see sentences of less than three to six months. Detox treatment, AA attendance and voluntary counseling in addition to the required AODA assesment can also reduce sentences. In most counties of WI, electronic monitoring instead of jail is not allowed. However, you cannot be sentenced at all if a jury of 12 does not unanimously agree that you are guilty beyond any reasonable doubt (or absent a guilty or no contest plea by you). You therefore owe it to yourself to discuss your case with an experienced criminal lawyer. If you are indigent, you may qualify for a free public defender for second, third and subsequent offenses in WI. My comments here are not intended as legal advice unless you subsequently retain me.