https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html

What happens if got a oui from out of state 20 years ago I was parked passed out with the car running

 

Jay’s Answer

This scenario, of being arrested while sleeping in a lawfully parked car, is a very common one, which can presents opportunities for the defense.   Can the state prove your BAC when you drove the car there, rather than at the time of your arrest? This is complicated not only by time and your body's removal of alcohol from your system, but also by possible consumption of more alcohol after you parked the car, which amount should be removed from the calculations by your independent toxicologist expert (and/or by the State’s expert). Either way, you need to have a consult as soon as possible with an experienced criminal lawyer, since some of your rights in contesting such cases expire in as little as ten days after arrest.

 

Arrested for OWI in Wisconsin, is what I’m doing helping? . . .  previous OWI was approximately 9 years ago. Blood test came back at .12. I hired a lawyer right after the arrest. My 2nd court date isn’t for two more months. I’ve completed my assessment along with the planned treatment already before being ordered too. I also have acclimated 50hours of documented community service since the arrest along with volunteering to the safe rider program to help DD people drinking at bars. I’m also seeing a therapist for substance abuse and bad decision making to help me long term. With all of that is it helping me get a reduced sentence if I choose to plead, can I do more? My lawyer hasn’t been very clear or helpful and I’m looking for others experience in this matter. I have a career and 30-60days in jail will likely end that, or if I ask for work privilege release my work will likely fire me anyways based on conversation I’ve had with my boss on this topic.

Jay’s Answer

While you are doing all the right things, you have chosen the wrong county in which to get arrested, Racine being one of the toughest in the state. Rumor has it that the Covid positive population in their jail is well over half (including staff), yet they are apparently continuing to incarcerate people there. On average, Racine sentences are also probably above state averages substantially. As noted, your attorney is certainly the best qualified person in the world to advise you right now, however, since we know only that you scored a .12, (fully a third higher than the .08 presumptive level of guilt), which is not a good start. Other than accidents or "close call" bad driving while the officer was following you, the BAC levels are usually the main factor in determining your sentence. While you would therefore have been much better off with a .09, one more thing which you omit is participation in 12 step programs like AA, which can occasionally earn you a slight discount if you work all the way through to the 12th step of sponsoring others in your club. Either way, much depends upon which judge you draw, however, since some are more impressed than others with treatment. As noted, there might also be technical defenses available (such as the ten year rule, possibly keeping this in civil court with no jail), of which your lawyer would know best, so get offline and set up a consultation with him or her; who is also probably being "vague" about your likely sentence only due to being honest, since there is often simply no way to predict a sentence with any certainly. Regardless of all this, we still all certainly wish you the very best of luck.