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Jail time for driving while revoked, first offense, in rock county Wisconsin?

Janesville, WI |

Wisconsin license revoked for OWI 1st (noncriminal). Can not afford to take required assessment to reinstate license. Need to drive to work. Would a citation be a traffic forfeiture, with a fine and points or, would I be looking at jail time?

Attorney Answers 5


  1. Jail time is likely to be in your future if you drive while revoked due to any OWI related matter, including a noncriminal first offense OWI conviction. Paying for your assessment and completing your driver improvement plan now will therefore be much cheaper for you in the long run than paying the jail Huber release fees from such an OAR conviction, fines, and attorney fees on the new criminal charges. Your plan to drive without completing your mandatory AODA rehab from your first offense OWI conviction in WI is therefore not a good one.

    Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email nixon@execpc.com) for clarifications or further questions. Otherwise, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon.

    My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do, or contact my office at 262-633-3090, 333 Main St, Racine, WI 53403, during business hours if you desire formal representation. See me on the web at www.jayknixonlaw.com, or view over 15 years of my previous answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.


  2. I agree it is always cheaper in long run to just pay for everything now and get valid. Borrow from friends, family or someone so that this doesn't become a headache for years to come.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.


  3. If the revocation is alcohol related, it would be a crime. Take care of what needs to be done, or you will only compound your problems.

    http://www.dot.wisconsin.gov/drivers/drivers/enforce/oar.htm

    This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.


  4. If the Operating After Revocation (OAR) stems from an Operating While Intoxicated charge, it is very likely that the District Attorney's Office would request some jail. If you do not do the assessment, you will never get your license out of revoked status. I understand that you are having financial difficulties paying for the assessment; however, in the long run it will be the quickest way to deal with your revoked status and will likely save you money and jail time to find a way to pay for the assessment.


  5. unlike driving while suspended for OUI which carries a minimum jail sentence, if your OUI is from out of state and you are suspended, in massachusetts you are considered to merely be operating after suspension and potentially just unlicensed if you are able to be re-instated. A first offense operating after suspension is a fine only offense. Many police departments however will still charge the operating after suspension for OUI (sixty day mandatory jail sentence) but that is incorrect and a good prosecutor should notice that.

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