The information in this blog is for general informational purposes only, may not reflect the most current developments, is not intended to and should not be relied upon or construed as a legal opinion or legal advice or to address all circumstances that might arise. See full disclaimer.

Court upholds ignition interlock after OWI-1st convictions

February 5, 2014

Wisconsin’s Court of Appeals has clarified that a driver convicted of his first state drunken driving offense can still be ordered to install an ignition interlock on his vehicle as part of the penalty.

Eric L. Seatz, of Cedarburg, was ticketed in Grafton in September 2012. He doesn’t dispute the legality of the stop or that he had a .13 blood acohol level.

But he appealed the ignition interlock requirement because it was technically a citation for first offense drunken driving.

He did have a prior offense, in Michigan in 1997. While it does not count toward making the Grafton stop a second, therefore criminal, offense in Wisconsin, it does count under a different Wisconsin statute in the sentencing rules that then require he install the ignition interlock, the Court of Appeals held on Wednesday.

The court affirmed the rulings of Ozaukee County municipal and circuit judges.
From the Milwaukee Wisconson Journal Sentinal: http://www.jsonline.com/blogs/news/242597261.html

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The information in this blog is for general informational purposes only. Information may be dated and may not reflect the most current developments. The materials contained herein are not intended to and should not be relied upon or construed as a legal opinion or legal advice or to address all circumstances that might arise. You should contact your attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Links to any third-party websites herein are provided for your reference and convenience only; Smart Start does not recommend or endorse such third party sites or their accuracy or reliability. Smart Start expressly disclaims all liability regarding all content, materials, and information, and with respect to actions taken or not taken in reliance on such. The content is provided “as is;” no representations are made that the content is error-free.

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