Legal Question in DUI Law in Wisconsin

Using other state's dui convictions in Wisconsin

My fiance was arrested for the first time in Wisconsin and they used convictions from 3 other states to enhance the charge. Can they do that legally?


Asked on 12/22/01, 2:37 am

2 Answers from Attorneys

JAY Nixon nixon law offices

Re: Using other state's dui convictions in Wisconsin

Unfortuneately, WI law specifically allows counting of

foreign convictions in determining the severity of the

present offense. They look back for one's entire lifetime

for third and subsequent offenses. In most counties,

a fourth offender would be likely to get nearly a

year in jail, but possibly less with successful long term AODA

treatment. She is therefore in dire need of

good legal representation.

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Answered on 12/22/01, 8:22 am
John A. Birdsall Birdsall Law Offices, S.C.

Re: Using other state's dui convictions in Wisconsin

Yes. Other state's convictions are counted and if this is a 4th, you are likely to be looking at about 12 months either with or without work release. Once a 5th is charged, that is now a felony with a 5 year maximum. I would strongly recommend an aggressive posture to maximize your negotiating posture. Or, perhaps you have some defense. This should be explored promptly. Good Luck.

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Answered on 12/22/01, 9:06 pm


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