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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