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Thread: 4 DUIs/OWIs

  1. #1
    wisco is offline Banned wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute
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    4 DUIs/OWIs

    I currently have 2 friends who are facing their 4th OWI.

    Well, I suppose one has already "faced" it - found fuilty. He was sentenced to 10 months with Huber, 36 month revocation, roughly $1500 in fines, ignition interlock, alcohol assesment and victim impact panel.

    My second friend is probably looking at something very similar.

    What would a 4th DUI/OWI bring in your area?

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    Probably a year in jail and a five to ten year license suspension. Depending on the frequency, it may be a license revocation.
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    According to statute, a 3rd DUI in 7 years is 4 months in prison. A 4th and subsequent is minimum 8 months in prison. In practice, I don't know how much of that is kept. Ignition interlock and alcohol assessment is also done. 3 year DL suspension minimum. Agg DUI is looking at minimum if $4000 in fines. Also, it's a felony conviction and most likely a probation violation. That's from the statute as it's written. I don't have any knowledge of how it's actually used (for example, do prosecutors actually charge the 4th DUI as a class 4 felony as they are allowed under statute or do they keep it a misdemeanor? AZ officer would have more practical knowledge of how it's applied).
    Last edited by MikeG; 09-15-10 at 03:54 PM. Reason: add prob vio.

  4. #4
    MPI1's Avatar
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    Wisco, I am assuming you are in Wisconsin. We are one of the only states that have first offense OWI as a Traffic Violation. Most other states have first offense as a misdemeanor crime. There are also people here with 7/8th offense OWI's. It's INSANE!

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    wisco is offline Banned wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute wisco has a reputation beyond repute
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    Quote Originally Posted by MPI1 View Post
    Wisco, I am assuming you are in Wisconsin. We are one of the only states that have first offense OWI as a Traffic Violation. Most other states have first offense as a misdemeanor crime. There are also people here with 7/8th offense OWI's. It's INSANE!
    Yep I'm from Wisconsin. And I'm well aware of our weird DUI laws. I posted a while back about some of the recent changes we've had, but yeah... the first couple arre pretty much a slap on the wrist.

    Personally I like the fact that the first offense is just a traffic violation. I myself got an OWI 5 years ago. IIRC I had 4 or 5 beers with some friends at dinner and drove home. Felt perfectly fine. I got pulled over for expired tags. Officer smelled alcohol and breathalyzed me... I blew a .09.

    I was shocked... wow, I was getting an OWI. It's not hard to get one. I learned that I really couldn't trust how I "felt". I plead guilty, paid my fine and took my licks.

    NOW 1 beer is my driving limit. Any more than that I flat out refuse to drive... and I've been known to leave my vehicle entirely in another city if need be.

    It just ain't worth it.

    Sure I was pissed at the time, but I guess I'm glad I found out just how easy it was to get an OWI and avoid it in the future. For that reason I am thankful that it wasn't a criminal offense. Unfortunately I think some folks take that first "slap on the wrist" for granted.

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    4th offense in PA. Misd 1st. One year in jail minimum ( max of 5 ) , fine of $ 500 to $10,000 , drug and alcohol counseling. 18 month loss of license.

    Suspension doesn't count while locked up.

    " Lookback " time period is 10 years to determine what # of offense this is. Lookback goes to the date of conviction , not date of arrest.

    Out-of-state DUI's/OWI's count as prior offenses.
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