Facing a fifth or sixth OWI (Operating While Intoxicated) charge in Wisconsin is a serious matter with significant legal consequences. If you or a loved one are in this situation, securing an experienced defense lawyer is crucial. The following is some information you need to know.
Aggressive Defense Against Felony Fifth and Sixth DUI Offenses
An aggressive defense against felony fifth and sixth DUI offenses involves challenging every aspect of the prosecution’s case. This includes scrutinizing the arrest circumstances for procedural errors or rights violations, questioning the reliability of chemical test results, and using expert witnesses to provide alternative explanations.
Defense lawyers file motions to suppress improperly obtained evidence and engage in strategic plea negotiations to seek reduced charges or alternative sentencing. In court, they offer robust representation, articulating persuasive arguments and creating reasonable doubt to protect the defendant’s rights and achieve the best possible outcome.
Penalties for 5th DUI
The penalties for a fifth DUI (Driving Under the Influence) offense are severe and vary by jurisdiction, but they generally include significant mandatory minimum sentences and long-term license revocation. Here’s an overview of what to expect:
Mandatory Minimums
- Imprisonment: Several years in prison, often ranging from 2 to 10 years.
- Fines: Heavy fines, typically in the thousands of dollars.
- Probation: Extended probation with strict conditions, including mandatory alcohol treatment programs.
License Revocation
- Duration: Long-term revocation, often several years to a lifetime ban.
- Ignition Interlock Device (IID): Required installation upon reinstatement.
- Reinstatement: Completion of DUI programs, proof of insurance, and passing exams required.
Additional Consequences
- Vehicle Impoundment: Possible impoundment or forfeiture.
- Community Service: Significant community service hours mandated.
- Criminal Record: Permanent record impacting employment and licenses.
Penalties for 6th DUI
A sixth DUI offense is met with severe penalties, reflecting the serious risk posed by chronic impaired driving. The consequences are designed to enhance public safety and deter repeat offenders. Below are the typical penalties for a sixth DUI:
Mandatory Minimums
- Imprisonment: Typically 5 to 15 years in prison.
- Fines: Very high fines, often exceeding several thousand dollars.
- Probation: Lengthy probation with stringent conditions, including mandatory alcohol treatment programs.
License Revocation
- Duration: Often results in a lifetime revocation.
- Ignition Interlock Device (IID): Required if driving privileges are reinstated.
- Reinstatement: Completion of advanced DUI programs, proof of insurance, and passing driving exams.
Additional Consequences
- Vehicle Impoundment: Likely impoundment or permanent forfeiture.
- Community Service: Extensive community service hours.
- Criminal Record: Permanent record affecting employment, professional licenses, and reputation.
- Additional Restrictions: Frequent check-ins with probation officers, mandatory attendance at AA or similar support groups, and regular alcohol and drug testing.
Why Choose Nero DUI Defense for Your 5th or 6th OWI Case
Facing an OWI charge in Wisconsin is a daunting legal challenge with potentially severe consequences, including felony classification, permanent license revocation, substantial fines, and significant prison time.
At Nero DUI Defense, we specialize in defending against these serious charges. Our dedicated team understands the intricacies of Wisconsin OWI law and is committed to crafting a robust defense strategy tailored to your unique circumstances.
From challenging the legality of stops and tests to advocating for your rights in court, we are here to protect your future. Contact Nero DUI Defense today for a free consultation and take the first step towards securing experienced representation for your OWI case.