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What should i expect at a wi review hearing for driving after revoked (rev due to alc/contr subs/refusal)?

Pulaski, WI |

i got a owi and then i got a drivng while suspended a few days later then i got a drivning while revoked

now i have a review hearing for operating while revoked i am just wondering how to go about this and what to expect when goin to the hearing like if i could go to jail and what not because i need to make arrangements if this is possible.

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Attorney answers 4


I used to practice in Green Bay but am not familiar with the hearing you are asking about. Is this a hearing with the DMV? If so, jail is not a possibility.

Have you been convicted of the OWI? Your license would be suspended prior to conviction and revoked after conviction.

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While every jurisdiction (or judge) uses slightly different terminology, a Review Hearing is typically a court appearance scheduled after your attorney and the prosecutor have had an opportunity to conduct a Pre-Trial Conference and enter into some sort of plea negotiations. At this type of Review Hearing, the judge will want to know whether you intend to enter a guilty or no contest plea, or resolve your case consistently with the plea offer, or whether you will be going to trial. If you intend to enter a plea relying upon plea negotiations, then some judges will want you to do that on the date and at the time set for the Review Hearing. Some judges will set a NEW court date for plea and sentencing.

When you are sentenced, the judge has authority to stay any jail sentence for up to 60 days (this may not apply for OWI cases ). This means that the judge CAN sentence you to jail but order that you set up a date and time for starting that jail sentence within 60 days of that sentencing hearing. The judge also has the power to order that you start serving any jail sentence immediately. It is up to the judge. Many judges allow the 60 days so that you can make all the necessary arrangements to be able to take advantage of Huber release (release for work, school, treatment, child care, ..., etc.). If you are represented by an attorney, you should contact him/her and ask questions about what to expect. If not, go to court prepared for the worst, but ready to ask for some additional time if you feel that you need it. Don't skip court because you are afraid you might be sent to jail. If you miss court, you can be charged with Bail Jumping and this only makes the time you will be required to serve in jail longer.

This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.


Frankly, I think your post is too difficult to unpack for a meaningful answer. Is the review hearing related to the OWI charge, the driving while suspensed charge, the operating after revocation charge, or all three, or two out of the three?

If the OWI charge is part of the review hearing, I cannot tell you what penalties you are facing without knowing what number OWI this is.

An operating while revoked charge as you describe is a class A misdemeanor, punishable by up to 9 months jail and/or a fine. Based on this charge alone, you need an attorney on your side.

Contact local, experienced criminal defense attorneys directly for more specific advice. If you cannot afford a private attorney, contact the local public defender's office. If you do not qualify for public defender assistance, ask the court to appoing a low cost attorney to your case.

Good luck!


I practice primarily in Brown County, and I know that in many instances for this kind of case they do a "deferred judgment agreement." Essentially, the defendant enters a plea, but there is no sentence pronounced at that time. The agreement generally calls for the person to get a valid driver's license, and provide it to the prosecutor at or before the review hearing, and the case will be dismissed. If the agreement hasn't been fulfilled, sentencing, which could include jail, could happen at the review hearing.

I don't know the specifics of your case, so I don't know if this is what is going on in your case. I'd recommend contacting a private attorney or the public defender if you think you might be eligible. He or she could look into everything and figure out what is going on.

Disclaimer: This is legal information; not legal advice, so don't rely on it. I'm a lawyer, but I'm not YOUR lawyer. If you need legal assistance, you should contact a lawyer licensed in your state.

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