Legal Question in DUI Law in Wisconsin

dui

How many years back can WI use your dui's against you as how many offenses you have currently in court? If the first two were over 10 years and the other two were two years apart? can they say you are on your fourth offense, even though they are several years apart? Does the BAC count as to days in Jail and the fine, or is that all up to the judge? The BAC my husband had was just over the limit nothing really high. He works as a Tug Boater out of Staten Island (21 on 21 off) and can not afford to loose his job by too many days in Jail. Not a habitual drunk driver, just unlucky getting caught, when several people in this town of Sheboygan do it everynite and never get caught! He needs his job, if they want him to pay the fine, which he has no problem. The problem we are looking at is jail time due to his career, and he needs to maintain his Z-card and now apply for a TWIC. Hoping this will not take away his lively hood. WE just need to know that if he goes to court where he stands and should we obtain an attorney and if so will we be able to keep him out of jail and pay the fines and the assements, because we all now it is about money!


Asked on 7/13/08, 1:19 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

OWI, DUI, Drunk Driving;

While I know nothing about New York law, in WI and many states, authorities must look back at your entire lifetime history of offenses when determining which number offense any new arrest might be, if one has had two or more prior OWI related convictions. For second offenders, however, the current look back period in WI in only ten years. Unfortunately for both OWI Lawyers and their clients, these laws are amended almost on a weekly basis, so it is very hard to say what the law might be next week. You are in dire need of an experienced criminal lawyer for your husband. The only way for him to retain his current livelihood might be for him to fight and win his case. Good Luck!

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Answered on 7/28/08, 9:02 am


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