Legal Question in DUI Law in Wisconsin

I am on my 2nd owi in Wisconsin. I was in the lowest bac bracket and opted to put myself on the scram monitor for 2 months to show that im serious about sobriety. I have been completely sober for over a year and have been in total and complete compliance with all of my stipulations. The state is not pushing for any jail time but I do realize it is up to the judge regardless. What is the likelihood he will still sentence me to jail time? If so, how do I go about getting a surrender date so I can make plans with my employer?

Asked on 10/06/12, 12:54 pm

1 Answer from Attorneys


Once you are convicted of 2nd offense OWI in WI, the odds of your going to jail are 100%, since the law requires a minimum sentence of five or ten days and a maximum of six months in most minor cases. The presumptive sentences are in the middle of this range and, even with good treatment compliance, your likelihood of getting the judge to accept it and give you the lower range sentence which you deserve are slim without an attorney to create the proper record to document that fact. Your sentence in Racine county, for example, depending upon which Judge you have, might therefore still place you somewhere within a 60 day range. My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at Attorney answers may contain advertising materials.

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Answered on 10/10/12, 3:55 am

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