Legal Question in DUI Law in Wisconsin

If convicted of a 2nd or 3rd dui in WI, can the court sentence a person to anything other than jail time, such as some kind of beneficial community service, etc.? This question pertains to Lincoln County. Also, what is a good legal research source (online or other) for the public, pertaining to DUI laws?


Asked on 8/31/09, 7:06 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

No, unfortunately, WI courts have no choice other than to impose the minimum mandatory jail sentence for drunken driving convictions in all counties. There is no community service option authorized under WI law which would replace this. However, for the discretionary portion of the sentence (above the minimum mandatory 30 days for a third offense), creative options are available to the judge, although they are rarely used in most counties. Typically, therefore, sentences for third offenders in WI are closer to the one year maximum than to the 30 day minimum, depending upon how high the blood alcohol content was, how dangerous the driving, and how well the defendant is done in AODA treatment since the offense. All this, however, assumes that you are convicted; there is no jail sentence for those who are found "not guilty." You therefore owe it to yourself to discuss your case immediately with an experienced WI criminal lawyer.

Answering your other question, the Wisconsin State Law Library has excellent online resources for doing your own legal research; virtually all WI law is contained in their collection and it is available to the general public. Unless you are an attorney, however, you may find the sheer volume of information available there to be a bit mind numbing and difficult to use. My comments in this online forum are not intended as legal advice to anyone, nor do they create an attorney client relationship between us, unless you subsequently retain me and revisit the issue with me later.

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Answered on 9/08/09, 8:26 am


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