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It is a well-known fact, prosecutors are trained and encouraged to convert as many criminal charges into criminal convictions. A criminal conviction can ruin reputations, ruin lives, ruin families, and ruin chances of a successful future.
It is also a well-known fact, people have a much lower likelihood of being convicted when they start working with a criminal defense attorney as early in the process as possible. If you are charged by the police for a crime, contact Top Rated Criminal Defense Attorney Jevon Jaconi as soon as you can!
One of most common charges in Wisconsin is DUI/OWI
Wisconsin carries very severe punishments for DUI and related alcohol and drug related charges. DUI charges can be difficult to dismiss, but Attorney Jaconi has many strategies that can significantly lower penalties for DUI charges. DUI offenses are very technical and complex. These complexities are best navigated by an experienced attorney. Attorney Jevon Jaconi is an experienced DUI defense attorney in Green Bay.
Following is a small part of the complexities involved in charges for driving while intoxicated.
Definition of Operating while Intoxicated
Under Wisconsin law, a driver is considered to be operating while intoxicated if:
The driver is under the influence of an intoxicant so that his ability to operate a vehicle was impaired [346.63(1)(a)];
the driver has an alcohol concentration in excess of what the law allows. This limit generally decreases for problem drivers.
The PAC (prohibited alcohol concentration) for first, second and third offenders is 0.08. For fourth and subsequent offenders as well as for all drivers who are subject to an ignition interlock order, the PAC is 0.02 [340.01(46m), 346.63(1)(b)]; or
the driver has any amount of a restricted controlled substance in his/her blood [340.01(50m), 346.63(1)(b)].
Minor under 16 in Vehicle at Time of Offense
Penalties are often doubled if a minor under the age of 16 was in the vehicle at the time of the offense. For a first OWI offense and a second OWI offense with no prior offenses in the preceding 10 years:
Fines are more than doubled, jail time is added and revocation penalties are doubled. [Penalties for OWI]
For a second OWI offense with prior convictions within 10 years of offense as well as third or greater OWI offenses and causing injury while intoxicated offenses, fines/ forfeitures, jail time and suspensions/revocations penalties are doubled.
For causing great bodily harm or homicide while intoxicated offenses and chemical test refusals, the revocation penalties are doubled. [343.30(1q)(b)4m, 343.305 (10)(b)4m, 343.31(3)(c), (e), (f) and 346.65(2)(f), (3m), (3p)].
Penalties and the revocation are also doubled for causing great bodily harm or homicide by intoxicated use if an unborn child is in the vehicle at the time of the offense. [343.31 (3)(c), (f)]
Consequences to Holders of Commercial Drivers Licenses
If any of the listed offenses (except Open Container offenses) are committed while operating a commercial motor vehicle or were committed by a holder of a commercial drivers license (CDL) after September 30, 2005, the following sanctions are applicable:
For first offenders, a 1-year CDL disqualification (a 3-year CDL disqualification if transporting hazardous materials) [343.315(2)(a), (b)]
For 2nd and subsequent offenders (with first offense after July 1, 1987), a lifetime CDL disqualification. [346.315(2)(c)]
Administrative suspensions result in CDL disqualifications.
Mandatory Time of Confinement
For 3rd or subsequent offense, post-conviction and pre-sentence release and stay of execution of jail or prison term is prohibited. [969.01(2)(a)]
Probation is a sentencing option for offenders convicted of 2nd – 6th offense OWI, but they must serve at least the mandatory minimum jail term. [973.09(1)(d), 973.09(2)(a)1.d., 973.09(2)(am)].
Imprisonment is required as part of a mandatory bifurcated sentence for OWI 7th and above. [346.65(2)(am)6. and 7., State v. Williams, 2014 WI 64, FN 5.]
Fourth or greater offense OWI offenders may be confined for the purpose of allowing the offender to complete an alcohol and other drug abuse treatment program. [973.09(4) (b).]
Considering only the complexities surrounding DUI penalties in Wisconsin, imagine complexities surrounding any other offense in Wisconsin.
It is clear you need an experienced Attorney to help you if you have been charged with a crime in Wisconsin.
Attorney Jevon Jaconi is experienced attorney and you are much more likely to see a favorable outcome in your criminal charge.