What happens to a 3rd DWI offense if you re-open the 2nd DWI case knowing you can win and the 1st one was 13 years old?

Attorney answers (3)

1. Licensed in NJ

   

   Christopher CampbellPro

   Freehold DUI / DWI Attorney

   Contributor Level 11

   

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   Answered September 25, 2012 18:58. 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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2. Licensed in NJ

   

   Mark M Cheser

   Union DUI / DWI Attorney

   Contributor Level 20

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   Answered September 26, 2012 13:09. If the middle one is vacated and you win the new trial then 2009 would be a step down first. But you only have 5 years on a PCR.

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3. 

   Charles KenyonPro

   Madison DUI / DWI Attorney

   Contributor Level 19

   

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   Answered September 25, 2012 14:32. 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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