Prior Convictions

The legal system relies heavily on precedents or examples that help establish a protocol for how to handle elements of new cases.  Prior convictions play into this legal reality.  A man with 3 prior arrests / convictions for stalking has a much greater chance of being convicted a 4th time, should charges be brought against him.  The fact that the man’s prior conviction record indicates that he has been caught doing something before makes it much easier for a judge or jury to believe the current charges are valid.

Prior convictions can also change how the law handles you….

For example:  In Wisconsin, a person with a clean record may have a BAL or blood alcohol level of 0.08 while operating a motor vehicle.  His identical twin brother, who has two prior DUI / DWI / OWI convictions, can only have a BAL of 0.02.  It’s easy to see that the law uses prior convictions as a track record and how that track record can limit your freedom.  In this example, if the two twins were both driving home and both stopped at a police checkpoint, and the brother with no prior convictions had a BAL of 0.07, he would be free to go.  However, if the other brother with two prior convictions had a comparatively lower BAL of 0.03, he could be arrested and charged.

It’s important to get all the information and help you can amass on your side if you’re facing drunk driving charges.  If you’re facing criminal charges, contact a Madison based SHB attorney today.




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