Is there any chance to reduce a 2nd offense OWI to a 2nd 1st offense OWI in La Crosse, WI?
Question: I was cited a 2nd offense OWI recently in La Crosse, WI, which was 9 years and 50 weeks apart from the 1st OWI (4/2/05). I have a very good job which could be at risk, and would like to avoid incarceration at all costs (or minimize to 48 hours). Would any lawyer in the area be able to reduce this to no jail time? Thank you in advance for your responses.
Answer: Because your OWI arrest was within 10 years of the previous OWI arrest date (conviction dates are irrelevant) you are correctly charged with a criminal case. The minimum jail sentence is 5 days. The maximum jail sentence is 6 months. If we assume that you and your lawyer decide that you will plead guilty as charged (rather than proceeding to motion hearings and/or trial) the court must impose at least 5 days in jail. Fortunately for you the arrest occurred in La Crosse County where there may be the possibility of serving 48 hours at the county jail. For the details of how you might qualify for this disposition you will need to hire a good local attorney who understands the legal definition of incarceration.