Our client was arrested for OWI 3rd with a blood alcohol concentration of .20. Our client was very concerned about serving a jail sentence, which was valid as their case was pending in Shawano County, a county that is usually very hard on drunk driving cases.
What we were able to do is collaterally attack the client's 2nd offense OWI from the early 1990's. The prosecutor actually agreed that he couldn't establish the client waived his rights to counsel and stipulated to our motion. With that stipulation in place, the client's 3rd offense became a 1st offense. No jail, minimum fine and minimum revocation. Our client got the exact result he had hoped for.