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Counting OWI Offenses in Wisconsin: Court Reviews Post-Conviction Sentence Modification

Michael Cohen • May 9, 2023

Drivers who are charged with operating a vehicle while intoxicated (OWI) in Wisconsin face penalties that are based on the number of prior offenses, with the stiffest penalties imposed on those with ten or more OWI offenses. Mounting a strong defense of every OWI charge is critical—OWI convictions generally remain on the record for ten years. Furthermore, if a driver has two or more prior convictions, a subsequent conviction will automatically be considered a third offense, regardless of when the two prior convictions occurred.

 

The impact of prior OWI convictions in sentencing was highlighted in State of Wisconsin v. James J. Socha, which was decided by the Court of Appeals of Wisconsin on April 25, 2023. In this case, the defendant was convicted of OWI as a tenth or subsequent offense in 2004 and again in 2008. In Wisconsin, this is considered a Class E felony, which brings a confinement sentence of four to 15 years. The defendant appealed both cases, asserting that the trial and circuit courts were in error when they failed to modify his sentence after he presented evidence that prior OWI convictions had been vacated after he was sentenced.

 

In this case, the Court of Appeals of Wisconsin found that if the defendant “meets his burden to prove that some of his prior convictions were lawfully vacated, it may warrant sentence modification”. The court ordered that the defendant’s motions for sentence modification be reopened and to determine which—if any—prior OWI convictions were lawfully vacated and to then impose a sentence according to Wisconsin statutes.

 

Because prior OWI convictions play a key role in sentencing, the importance of an aggressive defense of every OWI charge cannot be overstated. Individuals who are charged with OWI in Wisconsin—whether it is a first offense or a subsequent offense—are advised to speak with a skilled, knowledgeable OWI defense attorney who will advise you of your best legal options and develop an airtight, tailored legal defense.

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