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Second Offense OWI - DUI

second offense owi dui charge

Second Offense OWI DUI

Whether or not you had an attorney help you with your first offense OWI you need one now. A second offense OWI charge is serious. A drunk driving conviction will have significant impact on your life, finances, and family. Take some of the stress off your shoulders and see what Anderson & O’Connell, SC can do for you. We always offer a free case evaluation.

  • I hired Mr. David Anderson to represent me in my case. His years of experience as a attorney helped me feel comfortable and confident that he was the attorney for my situation. Through out the whole process he kept me in the loop on what was going on, if I didn't understand something he break it down so that it was clear. I appreciate his hard work, time and effort on my case. I'm very satisfied with his work he did an amazing job and provided great quality service. I would personally use his services again and I recommend him to anyone in need of an more
    Mr.Demetrius Beasley
    16:38 22 Sep 17
    David Anderson is top notch! He works hard on your behalf and is compassionate and really LISTENS to what you are saying. Went in with 4 felony charges and came out with 3 misdemeanors that will be expunged after the 2 year probation period so it will be as though it never happened. IF YOU WANT JUSTICE AND WANT PROPER DEFENSE CHOOSE DAVID ANDERSON SERIOUSLY. He also is the only fairly priced attorney around and won't try to get over on you just because and will FIGHT FOR YOU UNTIL THE END. I and my family deeply thank you Mr. Anderson!-read more
    Bredell Mitchell
    22:59 22 Jun 17
    David is tremendous at what he does. I was dealing with an a couple minor speeding tickets in areas where they assess to many points. The process working with David could not have been easier, I literally sent him the citations, had a phone discussion with David, and he reported back with me via email and phone call on the progress. The results of his efforts cut my citation points and financial penalties in half! I could not recommend David any more for any legal more
    Derek Laczniak
    22:20 07 Oct 17
    David Anderson Law Office is AMAZING! Attorney, Shaun O'Connell, went out of his way to ensure the best outcome. I am forever in his debt.
    Kristine Moses
    02:39 30 Aug 17
    David Anderson was an amazing help to me in my Refusal/OWI charge! He immediately responded to my emails and continued to answer in a very timely manner with all of my many questions! He was able to help get my initial paperwork mistake dismissed and was extremely helpful in all aspects of the case. I believe he truly cares about you and your case, and works non stop to get a result! I really appreciated the answers to my million questions answered right away and he helped me feel at ease that my case was going in the best direction. David is very patient and a real person, which made him very easy to work with! His fees are by far the best around and he gives you as much as the high price Attorneys! His heart and soul are in to helping you and I am so glad that I reached out to him! I would recommend him to anyone seeking help in any situation! Thank you David Anderson!read more
    tami c
    03:26 17 Feb 17
    David was very thorough and communicated with me often during the entire process. He also explained the process to me, along with all my options and the possible results of my decisions. I would not hesitate to retain David again, or refer my friends to more
    Art Webb
    15:39 05 Jul 17
    Mr. David Anderson recently represented me in my DUI(+) case. Throughout the whole process he kept me in the loop on what was going on, and fought hard for me. I couldn't be more satisfied with the work he did. He did an amazing job and provided great quality service. I would definitely refer this office to anyone looking for a more
    Patrick Matthews
    03:13 29 Jan 18

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What is the difference between a First Offense OWI and a Second Offense OWI?

1. Second Offense OWI is a crime.

There are many significant differences between a first offense and a second offense OWI conviction. The first difference is that it is no longer just a traffic citation. A second offense is a crime. Therefore, if you did not have a criminal background prior to, a conviction will change that. In addition to the significant penalties associated with a conviction, you will have to disclose the fact that you were convicted of a crime on any future employment applications (assuming you are asked about it).

2. A second offense conviction will result in Jail time.

Under Wisconsin OWI Law, a conviction for a second offense carries with it a jail sentence anywhere from 5 days to 6 months. Five days is the minimum. Therefore, if you are convicted you will have to spend that time in jail. The amount of time you are sentenced to will depend on the Sentencing Guidelines, your BAC, and any other aggravating or mitigating facts in your case. A good drunk driving attorney will be able to help in mitigating the amount of time you are sentenced to.

Is “house arrest” an option for a second offense OWI/DUI?

Most OWI sentences to county jail includes Huber release for work, appointments, and in some instances childcare. In some counties such as Dane and Rock County you may be eligible for Jail Diversion. However, that privilege is at the discretion of the Sheriff. The sheriff makes that determination on a case by case basis. No attorney can tell you for certain you will qualify for electronic monitoring, or “house arrest.” There are things that can be done to help with your eligibility. Accordingly, we will make sure you do everything you can to help make house arrest a possibility. On the other hand, in other counties such as Jefferson County, electronic monitoring or house arrest is not available and their policy is to not allow it even if transferring your sentence to another county.

Is there anyway to avoid jail time?

Yes! You can avoid jail time winning your case. Whether it is a dismissal or and acquittal at trial, if you win your drunk driving case you will avoid all penalties including jail time. Certainly not ever case, or more realistically, a majority of cases this is very difficult. This requires an aggressive OWI defense by an attorney who knows how to present the evidence and argue the facts of your case.

Additionally, there is one other option to avoid jail even with a conviction for a 2nd offense OWI. Under Wisconsin Statute § 346.65(2g)(d) the court may sentence you to at least 30 days of community service instead of the minimum jail of 5 days. This is not well known or used by the courts, prosecutors, and even defense attorneys. By no means would I count on this option, but it is a possibility.

3. Mandatory Ignition Interlock Device (IID) on your vehicle.

A conviction for a second offense drunk driving charge will result in the judge ordering an ignition interlock device in all vehicles you drive or are registered in your name. With a 1st offense, you are only subject to the IID if your BAC is at or above a .15. However, even if you are facing a second “first offense” you will be subject to the IID order. Unfortunately this is not something you can bargain away or make a deal. The DMV will automatically enforce this law regardless of any court order.

Penalties for a Second Offense OWI/DUI

As with a first offense, a second offense OWI, DUI has mandatory minimum penalties associated with a conviction. The specific facts of your case will dictate your sentence. The mandatory minimum and maximums for a second offense drunk driving conviction are as follows:

  • Imprisonment from 5 days to 6 months;
  • A fine of $350 to $1,100 (+court costs!);
  • Revocation of Driver’s License from 12 months to 18 months;
  • Ignition Interlock Device (IID) not less than 12 months nor more than revocation period; and
  • Mandatory AODA assessment.

2nd Offense OWI Attorney

Anderson & O'Connell, SC has the experience you need to fight your second offense OWI.

You know the frustrations and pain an OWI conviction can have on you and your family. Hiring an OWI attorney to fight for you and your rights will help alleviate much of that frustration and pain. We can help you with your charge! Contact us today for a free case evaluation!

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