Legal Question in DUI Law in Wisconsin

Although it is most appropriate for you to have this discussion with your own attorney, I will offer some general observations which may or may not apply to your case. On a 5th offense OWI in most counties, you would be extremely lucky not to be sent to prison rather than to receive a year in the county jail, regardless of whether you are pregnant. For better or for worse, the WI prison system offers excellent prenatal care, although you obviously would not be allowed to keep the child there after birth. As a general matter in WI, the judge is never bound by any plea agreement in WI. However, they do tend not to stray too far from the DA recommendations, at least in terms of statewide averages. Individual counties and judges often differ, however. It is therefore critical that you have an experienced local attorney who is intimately familiar with the practices of your judge. The final decision will likely depend upon not only upon the skill of your attorney, but also upon how sincere the judge believes you might be this time regarding your promises of sobriety and treatment compliance. This is your 5th go around with drunken driving, so keep in mind that you probably have broken similar promises the last four times you were before a judge in these circumstances. AA should therefore be your life a this point if you are to have any hope of long term freedom in your future. Since I am not yet your attorney, I will not be taking any action on your case, but you are welcome to contact me with further questions at my Racine, WI office at 262-633-3090, or email me at [email protected]. See me on the web at www.jayknixonlaw.com. Also see over fifteen hundred of my past answers arranged by topic at http://www.lawguru.com/answers/search/attorney/jknixon. Web forum answers may contain attorney advertising materials.