Collaterally Attack a Prior OWI Convictions
Waukesha Drunk Driving Attorney Get OWI Charges Reduced by Challenging Previous Convictions
If you have been charged with a 2nd offense DUI or higher in Wisconsin, including counties like Waukesha, Milwaukee, Walworth, Washington, Jefferson, and Dodge, you have the right to use a collateral attack on a prior conviction.
A collateral attack is a complicated situation requiring a qualified attorney. If your first conviction ended in a plea instead of a trial, you may be able to argue the plea was inadequate because it violated your right to an attorney under the Constitution. It is possible your prior offense will not count toward your total number of Wisconsin OWIs or DUIs.
If so, then a Waukesha OWI 3rd, for example, would become a Waukesha OWI 2nd. In many cases, this will result in significantly reduced penalties and could even change a felony drunk driving charge into a misdemeanor drunk driving charge, or a misdemeanor into a non-criminal ticket.
There is also no limit to the number of prior offenses that may be collaterally attacked. A drunk driving fifth (DUI 5th) could become a non-criminal first offense drunk driving (DUI) in Wisconsin.
Contact the drunk driving lawyer Waukesha trusts to get your OWI charges reduced or dropped.