OWI Sentencing Guidelines
In Wisconsin, courts are given definite guidelines to follow when they sentence an individual for an operating while intoxicated charge. Getting to understand those guidelines and how to avoid the pitfalls and traps, as well as to utilize many of the factors in your favor, could have a great effect on the result of your case.
The OWI sentencing guidelines are broken up by what are called judicial districts. There are three extremely important things to know about OWI sentencing guidelines in Wisconsin. First, just because you are charged with an Operating while Intoxicated offense doesn’t necessarily mean that you will be convicted of one. OWI cases can be some of the most difficult and methodological cases in the Wisconsin Criminal Justice System. But an expert and reputable OWI defense firm should be able to quickly evaluate the strengths and weaknesses in the government’s case against you and to give you truthful answers about where you stand.
Note that it doesn’t matter if this is a person’s first offense with a clean record or if it is their third offense and they have made some mistakes in the past. OWI cases constantly come down to the law and the details. Just because a person may be good, they shouldn’t expect the government to offer them a pass or break on those grounds alone. Instead, the person’s case will need to be meticulously analyzed and examined before an attack strategy can be implemented.
Second, a lot of district attorneys’ offices in Wisconsin also have their own OWI sentencing guidelines. These are normally distinctive to every county, and they are frequently different than the juridical sentencing guidelines. The sentencing guidelines for the judicial districts are what the judge follows. The district attorney’s offices follow their own sentencing guidelines, which are normally discouraging and different from what the judges utilize. While the district attorney’s office sentencing guidelines are infrequently open information, you can actually understand what you are facing when it comes to only the judicial guidelines.
Third, many counties authorize their prisons to utilize a process known as electronic monitoring. An electronic monitoring program allows individuals who formerly have an operating while intoxicated with no violent convictions to be released, at times in a moment after they are turned over to the prison following a conviction, to the electronic monitoring program. They will now have the chance to serve their sentence while still going to work from their home. Other counties do not have any sort of electronic monitoring program, and this means if an individual is convicted on a criminal OWI offense, they will probably end up serving their sentence in a type of prison that allows for work release during the day but they must go back in the evenings and weekends. This form of jail is known as Huber.
Both electronic monitoring and Huber programs are seen under the law to be privileges, meaning there is no assurance that just because the county you are in has these programs then the prison will be able to give them to you. This can be very provoking because until you have essentially been convicted and sentenced on your offense and begun serving that sentence, there is no assurance whether you will be serving it in a regular prison, Huber, or at home with electronic monitoring.
While it is true OWI sentencing guidelines vary state by state, it’s actually a bit more complicated. OWI sentencing guidelines in Wisconsin particularly vary by county. Contact an experienced OWI defense law firm like Mullen Schlough & Associates S.C. today to schedule your free case review.