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What happens to a 3rd DWI offense if you re-open the 2nd DWI case knowing you can win and the 1st one was 13 years old?
Anonymous3 views3 answers
My 1st DWI was in 1999, my 2nd was in June of 2009, my 3rd was in December of 2009. I already did 6 months in jail for the 3rd so everyhing is done with all of them. I am going to try and re-open the 2nd for the 20 minute observation. I know I can win but the lawyer I had at the time did not try to fight it. The officer that did the breath test came in the room 3 mins. after the arresting officer left only to give the test. He was there maybe 10 mins. The times are in the Discovery. So what would happen if I won? Thank You
In Wisconsin, the current third would count as a second offense.
However, I wouldn't hold my breath getting the second reversed after this amount of time over this error.
If you were to succeed on having one of those DWIs thrown out, you would still be facing penalties as a third offender if you were charged with another one. As to the ten year loss of license on the third, you would have to make a motion to resentence.
