Legal Question in DUI Law in Wisconsin

OWI Prison Sentence, Reopening Possible Due to Mental Illness?

You need to discuss this issue with your attorney. Reopening a conviction due to new evidence is extremely difficult in all cases. reopening most commonly occurs when the new evidence suggests innocence, such as DNA evidence proving that someone other than the suspect was at the crime scene. Additionally, the information about the new factor must not have been available to a diligent defendant before sentencing. Mental health issues probably don't fall into this category either category, unless they are brand new. In the case of drunk driving, mental illness is not evidence of innocence such as it can be in an intentional crime such as homicide (i.e., if the person had no idea that they were doing anything wrong at the time). Because drunk driving is a strict liability crime--getting drunk due to some excuse does not help the defendant. Anyone who drives drunk for any reason faces the same consequences. No "intent" or fault is required in for a conviction. Hence, these crimes are known as "status offenses," meaning that the status of being drunk behind the wheel is enough. Perhaps if your issues were so serious that the prison asked for a resentencing, there might be a chance. I cannot advise you unless I represent you--this legal forum is not intended to create an attorney/client relationship.