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Hello I have a question about OWI (3) and OWI (2) sentencing and could use some advice, thank you.
Anonymous5 views4 answers
I got charged with OWI (3) and it got reduced to OWI (2) so I plead guilty to OWI (2). However in my firstly charged OWI (2) I was found guilty of Implied Consent but was found not guilty at trial. I lost my license for 2 years on the Implied Consent charge "first OWI (2)" so I had 2 years credit on this new charge. I also did an AODA assessment and multiple offender driving program on the Implied Consent charge. The DOT has not suspended my license because of this fact so I never lost my license on this new OWI (2) charge after I plead guilty but my probation officer says I still need to do an AODA assessment driver safety plan, and ignition interlock device, even though I already them on my Implied Consent charge. Why do I need to do all of this if I never lost my license on this charge?
The sentence is what the judge ordered. If the judge ordered an AODA assessment, you need to do one unless the other one is recent enough to count. If the other AODA assessment was two years ago, it will not be resent enough to count for your subsequent drunk driving case. Ignition Interlock is probably something that was mandatory as part of your sentence, meaning the judge doesn't have the legal authority not to order it. Each drunk driving offense, whether Operating Under the Influence of an Intoxicant (OWI), Operating with a Prohibited Alcohol Concentration, or Refusual to submit to testing (Implied Consent) is a separate drunk driving offense. It sounds like you need to speak with the attorney who represented you on your last case. If you did not have an attorney, you made a mistake. You may want to consider hiring someone to sort this all out. However, you may find out that the information you are getting from your probation agent is all correct. Good luck.
Oh yeah. Learn from your mistakes. Drunk driving kills people. Some relatively simple prior planning is all that is needed to avoid any further violation of drunk driving laws. You've been through the process enough to know that the law does not look kindly upon those who put their own convenience before the safety of innocent people using the public roads and sidewalks in our society.
Short answer: because your probation officer can probably revoke you if you don't comply. Longer answer: your driving record would need to be reviewed to be certain, but if you haven't been revoked and ordered to submit to the mandatory consequences of an OWI conviction yet, it's either an oversight or a mistake, or the paperwork has not been properly processed by the DOT yet.
These are questions you should be asking of the lawyer who handled the case. Good luck.
You need to do it. Your probation officer can put you in jail for not doing it.
You may not need additional treatment.
The DOT should be requiring an IID; it should have been ordered by the court.
You got lucky, as I read the facts. If your first OWI(2nd) was an implied consent refusal, the second one was properly charged as an OWI(3rd) because the refusal counts as a prior conviction.
It sounds like what you have is a third offense OWI even though you previously only had one OWI conviction. The Implied Consent conviction that arose when you were arrested for OWI 2 is counted as a prior conviction. So, why would you get credit against the OWI 3 conviction requirements for the 2 year DL revocation that resulted from the Implied consent conviction? Why would an assessment for the Implied Consent conviction satisfy the AODA requirement of a judgment for an OWI 3 that occurred after the Implied Consent conviction? You raise a good issue about why the DMV has not revoked your license following conviction for OWI 3. You would need to contact the DMV. You probably don't want to do that, right?
