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Each County in Wisconsin has sentencing guidelines. See map below for your county. Then Click on the link below for the guidelines and click on your county. These are a guide for the judge to follow. In addition for any conviction of second offense or higher, there is a minimum period of jail time, even if the defendant agrees to probation or OWI treatment court.
Generally a prosecutor will offer the guidelines. Depending on the facts of each case, a defendant decides whether they want to take a guidelines offer, go to trial, file a supression motion, or argue the sentencing. OWI cases have important issues and defenses. While most people assume that if the police tell them they had a .08 or higher on some form of test that they are guilty, that is not true.
A person is only guilty if they plead guilty/no contest in court after knowingly waiving all rights, or they are convicted after a trial. Although the facts often seem difficult early on, the thing to keep in mind is of course the facts will seem bad, they were written by a police officer whose job it is to arrest you. Notice that the police officer never puts favorable facts in his or her report-example, the driver made a perfect stop as soon as I turned on my lights, the driver had no difficultyin locating his license and insurance, the driver was driving the exact speed limit and obeyed 9 or 9 signs we past along the way........ Click here to find the guidelines for your county.