Legal Question in DUI Law in Wisconsin

My boyfriend was arrested for a dui, he was arrested a second time for another dui and driving with a suspended license. He has a body only bond remark. Both dui were under .08, if he goes to jail how much time will he be facing?


Asked on 4/14/17, 10:56 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

In WI, DUI's under .08 are always defensible cases for people who are over the age of 21, so your boyfriend is urgently in need of experienced legal help right away in order to have any chance of avoiding a criminal conviction with lifelong consequences (up to six months of jail time for the second offense one, and up to a year in jail on the OAR, if the license loss was related to a drunken driving arrest). The lawyer will promptly arrange for a voluntary court appearance to address giving him a bond, rather than a "body only" warrant which has no bond (usually for missing court or serious bond violation). Since the fact that received two of them is rapid succession will cause the court to immediately assume that he is an alcoholic, the lawyer will also attempt to get him into treatment and provide the type of documentation needed by the court, before the court will agree to give him reasonable terms for pretrial release. Doing nothing will waive some very important rights, including the right to a jury trial on the first offense matter (which truly might be beatable in front of a jury), and is also likely to result in more harsh treatment by the court, so don't delay, if you really want to assist him.

This answer is not legal advice and I am not your lawyer just because I answered it on a public website. Feel free to view my past answers to similar questions on AVVO at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . Also see 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon and https://www.facebook.com/NixonLawOffices . Answers may contain attorney advertising materials and both questions and answers may be may also be used in attorney advertising.

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Answered on 4/16/17, 5:19 am


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