What happens to a 3rd DWI offense if you re-open the 2nd DWI case knowing you can win and the 1st one was 13 years old?

Asked about 1 year ago - Clementon, NJ

My 1st DWI was in 1999, my 2nd was in June of 2009, my 3rd was in December of 2009. I already did 6 months in jail for the 3rd so everyhing is done with all of them. I am going to try and re-open the 2nd for the 20 minute observation. I know I can win but the lawyer I had at the time did not try to fight it. The officer that did the breath test came in the room 3 mins. after the arresting officer left only to give the test. He was there maybe 10 mins. The times are in the Discovery. So what would happen if I won? Thank You

Attorney answers (3)

  1. Pro

    Contributor Level 12


    Lawyers agree

    Answered . If you were to succeed on having one of those DWIs thrown out, you would still be facing penalties as a third offender if you were charged with another one. As to the ten year loss of license on the third, you would have to make a motion to resentence.

  2. Contributor Level 20


    Lawyers agree

    Answered . If the middle one is vacated and you win the new trial then 2009 would be a step down first. But you only have 5 years on a PCR.

  3. Pro

    Contributor Level 19


    Lawyers agree

    Answered . In Wisconsin, the current third would count as a second offense.

    However, I wouldn't hold my breath getting the second reversed after this amount of time over this error.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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