• Dan Skarie

OWI 4th Offense Racine County Circuit Court Minimal Sentence

Updated: Mar 12

Due to recent changes in the law, 4th offense OWIs are now always felony offenses. This means that client’s convicted of 4th Offense OWIs face 60 days in jail to 6 years in prison. Making these cases even more difficult is the fact that the prohibited alcohol concentration for a driver with three prior offenses is .02 g/100mL of blood. For some drivers a single beer may place them above the legal limit.

In this particular case the client had a number of additional criminal convictions on his record. With a high BAC and a past record, keeping this client out of prison was our goal from the outset. The prosecution refused to budge from its prison recommendation so we proceeded to an argued sentencing hearing.

It is as important to prepare as thoroughly for a sentencing hearing as it is for a trial. In this case, we built a strong case for a non-prison sentence by providing the Judge with letters of support, proof of treatment and verification of the client’s accomplishments in life.

Based on that information, the Judge determined that society would not be benefited by sending the client to prison. Ultimately the client was sentenced to 6 months in jail with Huber work release privileges.

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