Legal Question in DUI Law in Wisconsin

OMVWI, hit and run - unattended vehicle

misdemeanor or felony? This is my first offense of any kind. I've never even had a speeding ticket. Is it worth it to get a lawyer. I have no money. Also, I was blacked out due to a reaction of alcohol with my prescription medication. I don't have any memory of these events. Should I plead 'no contest'?


Asked on 11/28/07, 8:17 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

OMVWI, Hit and Run - Unattended Vehicle-Misdemeanor or Felony?

The offense of driving while intoxicated (OWI) or under the influence of drugs or a combination can be either a misdemeanor or a felony. This will depend upon how many prior violations you have and who was in the car with you-having minors in the car at the time can be felony. First offense is WI for a simple drunk driving case is not even a criminal violation, but rather a civil one, which does not carry the possibility of jail unless you fail to pay the fine. Second and subsequent offenses are criminal and carry six months jail (2nd offense) up to a year in jail for third and fourth offense. Fifth (and subsequent) offense is a felony, as are any of the others including first offense in various special circumstances. Hit and run involving a non-occupied vehicle is normally a civil violation. I would highly recommend getting a lawyers, since he may be able to negotiate a significant reduction in some of these fairly easily for you.

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Answered on 12/04/07, 9:44 am


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