Legal Question in DUI Law in Wisconsin

OWI, Drunk Driving, DUI, Fourth Offense Sentencing

The penalty range for "simple" 4th offense OWI in WI is two to twelve months. In Southeastern WI, it is typically closer to twelve months than to two months. The sentence can be increased to years in prison if certain "penalty enhancers" are present such as minors in the car, a bad criminal record, fifth offense OWI, accidents or injuries. Without these, the judge considers, at minimum, how high the alcohol reading was and the length of time since the last conviction. A reading of .24 blood alcohol content (BAC) is extremely high, three times the .08 baseline for guilt in WI (and most of the U.S.) by BAC alone. Hence, in an otherwise average case, one is likely looking at closer to twelve months for a .24 reading. However, the judge can deviate from this based upon rehabilitation and counseling reports, AA involvement, community service, DA recommendation, and safe driving at the time of apprehension. For example, the last client I represented with a similar reading only received 90 days in jail based upon such mitigating factors, following a negotiated plea. Of course, if you are not convicted you will not have to serve any time at all. You therefore should have an experienced OWI/Traffic/Criminal lawyer evaluate your case in person as soon as possible. He or she may spot weaknesses in the government�s case or technical defects due to constitutional violations by the government which could help you, and which an untrained person may not spot. By simply pointing out a major constitutional defect, a lawyer can often get a more favorable recommendation from the DA, leading to a lower sentence if the case is settled short of a jury trial. At best, a constitutional violation such as stopping the defendant without adequate probable cause can lead to dismissal of all charges. Of course, I do not represent you or know your case and therefore cannot, at present, give you any legal advice in this matter.