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Got a DUI last month.....involved in an accident....just property damage. 3rd DUI.....last two were in the late 1980s.....

Madison, WI |
Attorney answers 4

Posted

They may be considered, though penalties for OWI offenses are generally tied to the judicial district's OWI sentencing guidelines. If those priors were before 1989, then you may just be facing a first offense in which case there is no jail penalty absent injury or a minor in the vehicle.

Asker

Posted

on the ticket, it's written as a 3rd offense..... : (

J Steven House

J Steven House

Posted

Then either your priors were both after '88 or you've been improperly charged.

Posted

Priors from 1989 forward are counted for charging purposes, so it depends when in the 1980's your priors occurred. Check your driving record.

http://www.dot.wisconsin.gov/drivers/forms/mv2896.pdf

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

Posted

It is best to obtain you driving record and meet with a local attorney who dedicates most of their practice to DUI defense.

Posted

Get an attorney! The lifetime rule went into effect in Jan '89...convictions prior to that shouldn't count. The new one should likely be a 1st, if prior were before that time. It won't be civil if you caused accident, it will be criminal. You need help here....