A family member got her second owi in a year and a half. The first offense she refused a breathalyzer and had open intoxicates in the car but both got dismissed it court and ultimately was just found guilty for the owi. The second offense happened outside of her restricted driving times and she blew a .32.
Maximum jail on the OWI second offense is six months. If she was four times the legal limit and operating after an earlier alcohol related revocation, that is not out of the question, and she faces additional jail on the OAR. She needs a lawyer. If she can't afford one, she to go see the public defender.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
The mandatory jail term for a second offense OWI (with a prior conviction within 10 years) is 5 days to 6 months. Each judicial district has sentencing guidelines which usually dictate the range of jail term, fines and license revocation a person will receive; the guidelines for Dane County https://www.wicourts.gov/publications/fees/docs/d5owi2018.pdf would likely put the person in the 4-6 month range for jail sentence absent some serious mitigating circumstances. The sentencing guidelines are primarily impacted by the BAC level with .20+ putting a person in the highest rage, that is closer to 6 months, The second primary factor is whether the offense is mitigated or aggravated, and driving impaired while under a driving restriction for an OWI offense (when your legal limit is .02) is generally treated as a serious aggravating factor.
Driving with a .30+ while under revocation for a prior OWI is a sign that the person has a problem with alcohol. On the upside, getting into alcohol abuse treatment ASAP is one thing that they can do to help mitigate their potential sentence.
A .32 is an incredibly high BAC - which will certainly count as an aggravating factor in this sentence. The minimum penalty is 5 days in jail, and the maximum is 6 months.
There are a lot of aggravating factors in the facts that you cite. I would not be surprised if your family member gets a maximum sentence which is six months in jail and a very big fine. Your family member needs to figure out that drinking is probably unwise, but getting behind the wheel after drinking is absolutely unexcusable. She has now been arrested and charged TWICE. She needs to find a way to get home after drinking without driving. Designated drivers, drinking at home, staying overnight where drinking, keeping cab fare in a pocket separated from drinking money, and making a promise to a friend or family member never to drive drunk again in exchange for a promise to take her call at any hour and give her a ride to a safe place to sleep it off, are all methods to avoid ever driving drunk again. She needs to figure out how to use those. Drunk drivers kill a lot of people on Wisconsin roads every year. We really do not need to add to those statistics.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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