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  #1  
Old 12-08-2005, 10:19 AM
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Join Date: Dec 2005
Posts: 11

Fouth offence?


What is the name of your state? Wisconsin

I have a Question for everyone about counting OUI's.
If one got a DUI on 9/15/1986 (Florida arrest date)
Owi on 9/14/1996 (WI charged with 2nd offence)
Owi on 3/9/97 (WI charged 3rd offence)

On 8/28/05 gets Charged with fourth offence, is it a fourth offence?, or has the first one dropped off. Mind you this is not about me, it's my ex boyfriend
and he said he will get out of it. I am wondering if the charge will stick and what the penalties would be. I was about to take him back to court
for breaking court order's concerning our daughter, but some of those issues might be resolved if this charge sticks and if he would loose his CDL.
Thank You for any information,
Lisa

Last edited by iceangl; 12-08-2005 at 10:22 AM.
  #2  
Old 12-08-2005, 11:31 AM
Member
 
Join Date: Nov 2005
Location: Murfreesboro,Tennessee
Posts: 62
Quote:
Originally Posted by iceangl
What is the name of your state? Wisconsin

I have a Question for everyone about counting OUI's.
If one got a DUI on 9/15/1986 (Florida arrest date)
Owi on 9/14/1996 (WI charged with 2nd offence)
Owi on 3/9/97 (WI charged 3rd offence)

On 8/28/05 gets Charged with fourth offence, is it a fourth offence?, or has the first one dropped off. Mind you this is not about me, it's my ex boyfriend
and he said he will get out of it. I am wondering if the charge will stick and what the penalties would be. I was about to take him back to court
for breaking court order's concerning our daughter, but some of those issues might be resolved if this charge sticks and if he would loose his CDL.
Thank You for any information,
Lisa
In Wisconsin DUI's stay on the record for 10 years.
Which would make this his third offense in 10 years. So the last 3 offenses will never go off his record.
There permanant!

If a person has two or more OWI violations after Jan. 1, 1989, they will stay on the driver record permanently. However, if a person has one OWI violation within 10 years, then a subsequent OWI offense outside the 10-year period will be considered a first offense.

Once a person gets a third OWI-related offense, the two priors will count. In other words, a person could have two first offenses, but could never have three first offenses. The third is always a third, regardless of when the two priors occurred provided they were after Jan. 1, 1989

Third offense has a fine range of $600 to $2,000, plus the $355 surcharge, 30-day mandatory jail sentence up to one year, and mandatory license revocation of two to three years.

Fines for third and subsequent OWI offenses are increased according to the prohibited alcohol concentration as follows:
0.17 - 0.199 = double fine ($1,200 - $4,000)
0.20 - 0.249 = triple fine ($1,800 - $6,000)
0.25 and above = quadruple fine ($2,400 - $8,000)

So he's going to jail for at least 30 days. But probably more. He's lost his operators for 2 to 5 years.
And they will take his CDL.
By the way he cant be charged with a DUI in Wisconsin from Florida.

Thats a seperate state. First offense in Florida dosent count.

Last edited by shawnintennesse; 12-08-2005 at 12:21 PM.
  #3  
Old 12-08-2005, 11:20 PM
Member
 
Join Date: Nov 2005
Location: Murfreesboro,Tennessee
Posts: 62
Quote:
Originally Posted by Curt581
Not true.

Out-of-state convictions DO count in Wisconsin in determining a third or fourth offense.

In this particular case, it may not count since it's before 01-01-89.
Ahh ok. Florida's one wont count because it was in 1986 she said.

But he's still in big trouble. These states arent putting up with it anymore.
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