can you use time served from a revocation towards a drunk driving sentance? There is suposed to be a case in wisconsin where a man got time for driving after revocation and sat. Whe he was picked up on his next drunk driving offense he was allowed to take the time he had already sat for revocation off of his jail time for the dui. It was wisconsin vs heintz or hintz it was his 6th or 7th dui arrest. how do I find the case. I have a friend that wants to use it.
1 Answer from Attorneys
The only answer which I could provide to this question is "yes, sometimes. � Revocation time can be credited toward a new sentence, depending upon the level of skill and experience of your lawyer in properly setting up the sentence credit. For example, if you are allowed a signature bond on the new charge, odds are that your time awaiting revocation would not count, while it might count if you are locked up on a cash bond on the new charge, which cash bond you cannot afford to post. Unfortunately, when one is in jail on a new charge, one often has "bigger fish to fry," such as working to properly investigate and beat the new charge, than worrying about future sentence credit. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.