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Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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I just was arrested for owi, this is officially my 3rd ...

Customer Question

I just was arrested for owi, this is officially my 3rd offense. First one was in 1992, second was in 1997. It has been 11 years since, my ticket says 3rd offense. What should I expect the outcome be for consiquences. I was cooperative with the officer, but was never given the results for the breath alyzer, or the blood test. Would this be considered my first offense again, and would I have to serve time or possibly the bracelet? Please help
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.


Drunk driving offenses are not expungeable. The reason is because all states have "enhanced penalties" when subsequent offenses occur so they need to be able to track the priors.

The results are only released to an attorney - or to the person if they are going to defend themselves and have filed the appropriate pro se forms with the court - then they could get them via a discovery process.

Here is the law as it pertains to penalties for the OUI


2. Except as provided in pars. (bm) and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one

I suggest, due to the possible incarceration penalty, if you have not already done so you consult with a local attorney to assist you in this matter

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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