My 1st DWI was in 1999, my 2nd was in June of 2009, my 3rd was in December of 2009. I already did 6 months in jail for the 3rd so everyhing is done with all of them. I am going to try and re-open the 2nd for the 20 minute observation. I know I can win but the lawyer I had at the time did not try to fight it. The officer that did the breath test came in the room 3 mins. after the arresting officer left only to give the test. He was there maybe 10 mins. The times are in the Discovery. So what would happen if I won? Thank You
Criminal Defense Attorney
In Wisconsin, the current third would count as a second offense.
However, I wouldn't hold my breath getting the second reversed after this amount of time over this error.
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Criminal Defense Attorney
If you were to succeed on having one of those DWIs thrown out, you would still be facing penalties as a third offender if you were charged with another one. As to the ten year loss of license on the third, you would have to make a motion to resentence.
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