Collateral Attack on OWI Priors
Milwaukee Drunk Driving Attorney Get OWI Charges Reduced by Challenging Previous Convictions
First offense OWI penalties in Wisconsin are bad enough. If you are facing an OWI 2nd or higher, a successful collateral attack on a prior OWI conviction may help reduce your potential fines and penalties. A collateral attack attempts to prohibit the sentencing court from being able to use a prior conviction for enhanced sentencing purposes. For example, if a client is facing an OWI 4th – a felony in Wisconsin- and successfully collaterally attacks one of their prior OWI convictions, then the sentencing court must treat the conviction as an OWI 3rd for sentencing purposes. Thus, the collateral attack does not get the case dismissed, but it can reduce the potential penalties that one is facing on their OWI case.
Collateral Attack Limitations and Uses
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. A collateral attack may be able to be raised when a defendant’s constitutional right to counsel in a prior proceeding was violated. A good OWI defense attorney will know what issues to look for on your case and will skillfully litigate these issues to get you the best possible outcome. Attorneys at Grieve Law have a track record of successfully getting reduced OWI sentences for their clients. If you have been charged with an OWI, contact Grieve Law.
Collateral Attack Definition in Wisconsin
A collateral attack is a complicated tactic 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 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.