A third-offense OWI allegation makes the accuracy of the prior record and the evidence in the new case especially important.
Confirm how prior offenses are counted
The charging level can depend on the record and applicable counting rules. Counsel should obtain and verify the documents underlying prior offenses.
Challenge the new case where appropriate
The current stop, detention, arrest, statements, field sobriety evidence and chemical testing must still satisfy legal and evidentiary requirements.
Video and records can change the picture
Squad video, body-camera footage, dispatch information, laboratory records and medical information may provide context not captured in a short police report.
Sentencing preparation begins early
When exposure is more serious, mitigation and sentencing preparation should not be an afterthought. Treatment, employment, family responsibilities and other individualized information may become relevant depending on how the case resolves.
Appeal and preservation issues
Contested legal rulings may need to be preserved correctly for later review. Strategy at the trial-court stage can affect appellate options.