How to Avoid Jail Time for a OWI

 Posted on March 23,2018 in DUI/OWI

If you have been charged with an OWI in Wisconsin, there are a variety of penalties you may face. While hefty fines and a loss of driving privileges are harsh penalties, they are not as intimidating as jail time. Let us take a closer look at the potential jail sentences for an OWI and how you may be able to avoid being locked behind bars.

Jail Sentences for Wisconsin OWIs

If you have been charged with an OWI for the first time, you will not face any jail time. However, if you are charged with a second offense OWI, you can be left with 5 days to 6 months in jail. A third offense OWI may come with 45 days to a year in jail while a fourth offense may lead to 60 days to one year in jail. 

Avoiding a Jail Sentence with Legal Representation 

To increase your chances of avoiding jail time, you should reach out to an experienced DUI attorney. An attorney can look for flaws in the prosecution’s case to help you avoid a conviction and the jail sentence it may lead to. 

An attorney will determine whether the initial stop by the police officer was legal. If the officer did not have “reasonable suspicion” to pull you over, you may be able to avoid a conviction. In addition, if the attorney finds that field sobriety tests or breath tests were improperly conducted, your charge may be dismissed. 

Court Supervision or Plea Bargaining

In the event it is not possible for you to avoid a conviction, you may qualify for court supervision as an alternative to jail time and other criminal penalties. If you adhere to the court’s conditions such as drug treatment while avoiding other legal issues during your supervision period, the court can dismiss your OWI.

A plea bargain may be an option if you do not qualify for court supervision. You may be able to negotiate a plea bargain that does not include jail time in the sentence. Since the prisons in Wisconsin are overcrowded, a prosecutor may be favorable of the idea of a sentence that does not add to the population of prisoners. 

Reach Out to Our Waukesha County DUI Attorneys Today

If you have been charged for a DUI and would like to avoid jail time, we encourage you to contact us today to speak with our experienced Waukesha County DUI attorneys. Call us at 262-303-4916 for a free consultation.

Source:

https://www.dmv.org/wi-wisconsin/automotive-law/dui.php