Legal Question in DUI Law in Wisconsin

DUI 6th while on probation

My boyfried just received his 6th dui while on probation. He is on probation for a DC. He was also driving with a revoked license. He is definately being revoked for 1 year (on the probation). What kind of time do you think he will receive for the DUI? State of WI legal is .08 he was .12 and he did refuse breath test at scene? Is there anyway he can get alcohol treatment or rehab rather than jail?


Asked on 9/06/08, 11:03 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

DUI 6th While on Probation--Likely Sentence?

On a DUI/OWI sixth, I believe that he is exposed to between five to ten years in prison (six, I think)--would need to research the exact amount if you need it. Additionally, that could all be imposed consecutively, meaning that the OWI 6th sentence would not start to run until after he has served his one year on the probation revocation. He needs an experienced criminal lawyer as soon as possible. Defenses are sometimes available if he was not represented by an attorney on the prior offenses. Other technical defenses are also a possibility. Only a good attorney who has investigated all the facts can give you any meaningful forecast of the sentence. In terms of alcohol treatment, after that many offenses, odds are that the judge (as well as most treatment professionals) would often agree that the appropriate treatment is jail or prison. Less restrictive varieties has obviously failed, proving that he is simpley not capable of helping himself while free. Of course, if he is not convicted, treatment options will become even more important to him if he does not want to end up right back in the same situation again. Nearly everyone who successfully licks a problem that severe does so only via organizations which provide personal support through association with other similarly situation addicts/alcoholics in recovery, generally within the context of a religious system of beliefs.

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Answered on 9/09/08, 9:09 pm


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