Legal Question in DUI Law in Wisconsin

How much is jail time is required for OWI 3rd offense


Asked on 10/02/09, 5:03 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Although there are bills pending to increase drunken driving penalties in WI, at this moment the range of jail sentences in WI for OWI/DUI 3rd is 30 days to 360 days of jail, often depending upon the blood alcohol content reading. However, actual use of the minimums is rare in most counties and reserved only for the lowest readings under, where driving errors were minimal and not dangerous. Minimums of 90 days in jail are far more common under existing judicial district guidelines and excessively high readings over .15 BAC are likely to result in sentences closer to one year in jail, depending upon how bad the driving was and how much the judge is impressed by the defendant's rehabilitation efforts; good Alcoholics Anonymous attendance, the distance in time of the prior offenses and evidence of otherwise good character/productive lifestyle. Fines can also be quadrupled for higher blood alcohol content readings and penalties also increase for multiple convictions within a five year period. Minors in the car or injury accidents transform the charges into felonies where state prison time is very common. My comments in this public web forum are for public educational purposes and are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to subsequently retain me and revisit these issues, at which time I would be happy to provide you with legal advice.

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Answered on 10/08/09, 7:59 am


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