Sunday, December 27, 2020

5th Offense OWI in WI Mandatory Sentences

 What happens with a 5th OWI while on probation in WI? - Q&A - Avvo

What happens with a 5th OWI while on probation in WI?   My mother recently got her 5th OWI, unfortunately she was currently on probation. She was scheduled for probation from march for 3 years. She went and totaled her car while on probation and hit 4 buildings. It is currently December, and with covid they can't really speed up the process. I'm just wondering not necessarily what's going to happen, but what have others seen happen? She claims she is only looking at 6months in jail if not revoked, and if she id revoked, she will sit 18months in prison. The first 4 OWI's were considered...

Jay’s Answer (OWI Attorney with 41 years of experience, and offices in Kenosha & Janesville, WI)

I am very sorry to be the bearer of bad news; the mandatory minimum sentence in the recent past for 5th and 6th offense OWI is 18 months in prison. Those penalties may or may not apply to your mother's case, depending upon the date of her alleged offense; although there is new, even tougher legislation pending which I last heard to be awaiting the governor's signature. Odds are that those new tougher sentences would not apply to her if her date was prior to that law being passed. Either way, however, folks with that many priors usually go to prison rather than the county jail. She is therefore in dire need of seasoned criminal law assistance as soon as possible in this situation.

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