Using other state's dui convictions in Wisconsin
My fiance was arrested for the first time in Wisconsin and they used convictions from 3 other states to enhance the charge. Can they do that legally?
2 Answers from Attorneys
Re: Using other state's dui convictions in Wisconsin
Unfortuneately, WI law specifically allows counting of
foreign convictions in determining the severity of the
present offense. They look back for one's entire lifetime
for third and subsequent offenses. In most counties,
a fourth offender would be likely to get nearly a
year in jail, but possibly less with successful long term AODA
treatment. She is therefore in dire need of
good legal representation.
Re: Using other state's dui convictions in Wisconsin
Yes. Other state's convictions are counted and if this is a 4th, you are likely to be looking at about 12 months either with or without work release. Once a 5th is charged, that is now a felony with a 5 year maximum. I would strongly recommend an aggressive posture to maximize your negotiating posture. Or, perhaps you have some defense. This should be explored promptly. Good Luck.