3rd Offense Dui Wisconsin

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3rd Offense DUI in Wisconsin

Driving under the influence (DUI) is a serious offense in Wisconsin. When an individual is arrested for a third DUI offense, the penalties and consequences become even more severe. In this article, we will explore the specifics of a 3rd offense DUI in Wisconsin, including the potential penalties and other important information.

1. The Legal Limit for 3rd Offense DUI

In Wisconsin, the legal limit for blood alcohol concentration (BAC) is 0.08% for drivers over the age of 21. However, for individuals who have already been convicted of two prior DUI offenses, the legal limit for a 3rd offense DUI is set at 0.02%. This significantly lower limit is in place to ensure greater safety on the roads and to deter repeat DUI offenders.

Penalty:

  • Jail time: Third offense DUI convictions in Wisconsin carry a mandatory minimum sentence of 45 days in jail, with a maximum sentence of up to one year.
  • License suspension: Upon conviction, the offender’s driver’s license will be suspended for a minimum of 2 years. However, the court does have the authority to suspend the license for up to 3 years.
  • Ignition interlock device: In addition to license suspension, individuals convicted of a 3rd offense DUI are required to install an ignition interlock device (IID) in their vehicles. This device measures the driver’s BAC and prevents the car from starting if alcohol is detected.
  • Vehicle seizure: Depending on the circumstances, the court may order the seizure and forfeiture of the offender’s vehicle.
  • Alcohol assessment and treatment: As part of the penalties, the offender may be required to undergo an alcohol assessment and complete any recommended treatment or counseling programs.

2. Enhanced Penalties for 3rd Offense DUI

While the penalties mentioned above are already severe, there are additional enhanced penalties that apply to third offense DUI convictions in Wisconsin.

Penalty:

  • Ignition interlock device: The individual will be required to install and maintain an IID in their vehicle for a minimum of 1 year following the license suspension period.
  • Mandatory alcohol assessment and treatment: In addition to the regular alcohol assessment and treatment, third offense DUI offenders must complete a mandatory assessment and follow any treatment recommendations made by the assessors.
  • Fines: The fine for a third offense DUI can range from $600 to $2,000, not including court costs and other associated fees.
  • Probation: Offenders may be placed on probation for up to 3 years, during which they must comply with specific conditions, such as regular check-ins with a probation officer and abstaining from alcohol and drugs.
  • Vehicle immobilization: In some cases, the court may order the immobilization of the offender’s vehicle for a specific period of time.
  • Alcohol and drug monitoring: As a condition of probation, the offender may be required to wear a continuous alcohol monitoring device or undergo regular drug testing.

3. Defenses for 3rd Offense DUI

While the penalties for a 3rd offense DUI in Wisconsin are severe, it’s important to note that individuals have the right to defend themselves against these charges. Here are some common defenses that can be used:

Defense:

  • Illegal stop: If the police officer did not have a valid reason to stop the driver, any evidence gathered during the stop may be suppressed.
  • Inaccurate BAC testing: The defense can challenge the accuracy of the breathalyzer or blood test results, arguing that they were not properly calibrated or administered.
  • Violation of rights: If the police violated the driver’s constitutional rights during the arrest or subsequent procedures, such as failure to advise them of their rights, it may be possible to have the charges dismissed.
  • Necessity defense: If the driver can prove that they had no choice but to drive under the influence due to an emergency situation, they may be able to use the necessity defense.
  • Rising BAC defense: This defense argues that the driver’s BAC was below the legal limit at the time of driving, but it increased to above the limit by the time the chemical test was conducted.

It’s important to consult with an experienced DUI attorney who can assess the specific circumstances of the case and determine the best defense strategy.

Conclusion

A 3rd offense DUI in Wisconsin carries severe penalties, including jail time, license suspension, and mandatory use of an ignition interlock device. Enhanced penalties such as mandatory alcohol assessment, fines, and probation can also be imposed. To overcome these charges, individuals should consult with a skilled DUI attorney who can help build a strong defense based on the specific facts of the case.

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