Legal Question in DUI Law in Wisconsin

owi

will i go to jail for my first owi causing injury and what can i expect at court?


Asked on 11/24/08, 2:16 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

OWI 1st Offense with Minor Injury Jail Sentence

The last time I checked, there was no mandatory jail for a first offense involving a minor injury. (More serious injuries, however, are major felonies with prison time.) However, as a practical matter, you will probably get a minimum of a few months in jail if you are convicted as charged. A good lawyer, however, might be able to get you a reduction to simple OWI if you are doing all the right things such as AODA treatment, paying of restitution, and the correct presentation of you to the judge as a responsible person. It is therefore far more important for you to get a lawyer than it would be in the average first offense case (which normally carries no possibility of jail in WI). This is not intended as legal advice; you really need to consult with your own attorney. An attorney also may spot defenses which are not immediately apparent to you. OWI laws in WI also change frequently; almost weekly these days, it seems. This is an ongoing lobbying effort by MAD (Mothers Against Drunk Driving) and law enforcement groups to criminalize first offense even if there is no injury.

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Answered on 11/30/08, 3:21 pm


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