Im facing a 5th OWI. Will it be charged as a 4th since my prior was charged as a 3rd instead of a 4th because of a DUI collateral attack? I had an attorney on my 4th that did a collateral attack. I was charged for a 3rd instead. The attack failed but didn't cause the DA never asked me any questions while i was on the stand. The judge said it was up to the state to prove otherwise and didn't so the attack was granted, allowed or something of that nature so I was charged for a 3rd instead of a 4th. There was no accident or injury involved in any of my priors and my current violation. My record shows i have a 1st, 2nd, and two 3rd offense OWI charges.
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