Does getting two DUIs in another state make a difference? 1 Answers as of June 12, 2012

I just recently got my 3rd DUI.(barely over the limit) Out of wisconsin...However my other 2 DUI's were out of Ohio 7 yrs ago. does this make a difference?

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Potentially. The out of state OWIs can be problematic for the prosecutor. In states other than Wisconsin, a first offense OWI is a crime and you have a right to an attorney. If you can prove that your right to an attorney was violated on either of your prior convictions, you can collaterally attack the prior convictions and they may not count on your current offense. In other words, your 3rd offense becomes a 2nd if you can succeed on this argument.
Answer Applies to: Wisconsin
Replied: 6/12/2012
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