This page is about the counting prior offenses in Wisconsin. If you are looking for information about the DUI / OWI Treatment Court in Dane County, or court process for criminal DUI / OWI cases in Dane County you should go to those pages instead.

• DUI / OWI (Drunk Driving) Math inWisconsin

  Criminal Cases that depend on how you count

  In Wisconsin all drunk driving charges after the first one are criminal charges handled in Circuit Court. First offense cases are not charged as crimes unless there is a minor in the car or there is an injury. Both criminal and civil drunk driving charges can have profound consequences. This page is about what counts and does not count as a prior conviction. It may surprise you.

  Civil Cases - First Offense

  First Offense OWI / DUI is not treated as a crime in Wisconsin unless there is a child in the vehicle or someone is injured. That does not mean it is treated lightly. First offense OWI / DUI in Wisconsin often results in more significant penalties than in other states that treat this as a crime. However, the procedures are a little different in non-criminal cases and many different courts can hear such cases. If you have never been arrested or cited or in court for an OWI / DUI / Drunk Driving you are treated as a first offender. Except if as an underage drinker you were convicted of an absolute sobriety violation in another state that will count as a prior conviction.

  Any one incident more than ten years ago will not count, but more than one will count. That is if a driver had one prior in May of 1989 a charge in June of 1999 (or 2010) counted as first offense. However if the driver had the May 1989 and the June 1999 offenses (both treated as first offenses) and then another in 2010, the 2010 charge would not be a first offense or second offense but a third offense for court purposes.

  No offenses before January 1, 1989 are counted.

  Out of State Charges Are Different - Usually in a bad way!

  The following are counted as prior convictions in Wisconsin when they occurred in a different state - even if they would not count in the original state:

  1. Refusing to take a chemical test
  2. A deferred prosecution for OWI / DUI / Drunk Driving / Drugged Driving that did not result in a conviction
  3. Operating  as an underage drinker you were convicted of an absolute sobriety violation (would not count if in Wisconsin)
  4. A conviction for OWI / DUI / Drunk Driving / Drugged Driving

  Some offenses in or out of Wisconsin are not counted!

  Some prior convictions are not counted if proper procedures were not followed. This is a complex determination and requires analysis of all relevant records by an experienced attorney. For instance in one of the cases handled by our office a case originally charged as a third offense was properly revised to be a first offense.

  Warning - Use at your own risk.

  This page is not intended to be legal advice or substitute for legal advice. It is intended to provide general information. Legal advice can only be given with a full understanding of the actual facts of a case, generally in a face-to-face consultation. Note that there are exceptions to many of the statements made here. No one should act or refrain from acting in court based on anything stated in this web page. My office does not give legal advice to non-clients over the phone or internet. Further, the law (and procedures) in drunk driving cases are changing rapidly. This page reflects procedures in place in Wisconsin on July 31, 2011.

  See also:

  DUI / OWI Wisconsin - How this office approaches DUI / OWI cases. The need for an assessment and / or treatment along with competent legal assistance is discussed.

  Criminal DUI / OWI / Drunk Driving Court  - procedure

  DUI / OWI Treatment Court - an option that must be considered in Dane County for some third-offense cases

  DUI / OWI Field Sobriety Tests in Wisconsin - A look at what "field sobriety tests" are - and are not - in Wisconsin.

  DUI / OWI (Drunk Driving) Wisconsin Ten Day Warning - Why a defendant needs to take action before the court process even gets going.

  Wisconsin Judicial Sentencing Guidelines for OWI / DUI / Drunk Driving cases by County. Each judicial district has different guidelines.

   

  Charles Kyle Kenyon - When Experience Matters Attorney at Law 5555 Odana Road, Suite 101 Madison, WI  53719-1281 Telephone (608) 276-9645 Since 1979 Former (Elected) District Attorney Former Assistant State Public Defender Extensive jury trial experience in cases ranging from traffic to sexual assault / homicide Thousands of criminal cases since 1979 Appeals in Wisconsin Court of Appeals and Supreme Court J.D. University of Wisconsin Law School 1978 - winner of Abe Sigman prize B.A. University of Wisconsin - Madison - Psychology - 1975 Trainer / presenter / panelist for American Bar Association, National College of District Attorneys, Wisconsin Department of Justice, Wisconsin Public Defender Founding Director - Children's Law Section - State Bar of Wisconsin Past-President: Marinette County Bar Association, Door-Kewaunee Bar Association Life Member: National Association of Criminal Defense Lawyers (NACDL) Member: Wisconsin Association of Criminal Defense Lawyers (WACDL) Member: State Bar of Wisconsin, Dane County Bar Association Admitted to practice: State of Wisconsin, Federal - Eastern District of Wisconsin, Western District of Wisconsin, 7th Circuit Court of Appeals On FaceBook Criminal Defense - DUI / OWI Defense Lawyer

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  This page last revised: 10 Feb 2012 05:57:09 -0600 .

   

   

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