Updated on October 12th, 2023 at 09:13 pm

Fighting Prior Wisconsin Drunk Driving Charges

In 2010, changes to Wisconsin drunk driving laws made a Wisconsin DUI/OWI a build-able offense. This means that prior convictions after January 1, 1989 will count towards your current drunk driving offense. This change in law means that prosecuting attorneys will no longer plea bargain down a DUI charge to a Reckless Driving charge, expect under very rare circumstances. Having prior offenses, regardless of how many, will have a significant impact on how you may be sentenced for your DUI offense. If possible, a successful attack against prior DUI convictions could lead to staying out of prison for higher offenses, significantly less jail time, or possibly no jail time at all.

It is very important to hire an experienced Wisconsin DUI Defense Attorney who understands how to review and if need be attack prior DUI convictions.

How to Attack a Prior Wisconsin DUI Conviction

Attacking a prior drunk driving conviction in Wisconsin is called a collateral attack. A collateral attack does not appeal a prior DUI conviction but rather attempts to reduce the potential penalties of the current DUI charge.

Collateral attacks against prior DUI convictions are only successful if you did not hire an attorney to represent you. If you did not hire an attorney for a prior DUI conviction the court must determine if you legally waived your right to have an attorney represent you. If you did not properly waive your right to an attorney then the prior convictions can be attacked, possibly resulting in their not counting for sentencing toward your current DUI charge.

One mistake that inexperienced DUI defense attorneys commonly make is agreeing to prior drunk driving convictions. Unless the prior DUI convictions have already been reviewed for any possible collateral attacks, an attorney should never blindly agree to prior convictions.

Knowledgeable & Experienced DUI Defense on Your Side

Hire an Experienced DUI Defense Attorney who understands the process.  Do not hire an attorney that does Drunk driving defense as part of his practice along with criminal defense and personal injury litigation.  There are only a few attorneys in Wisconsin that solely practice Drunk Driving Defense.  Attorney Nathan Dineen is one of them.  He is certified in Field Sobriety Testing (SFST) and Drug Recognition Evaluation (DRE).  He is available 24/7 to discuss your case at 1-877-384-6800.