A Prior Conviction Can Control the Entire Sentencing Range
Wisconsin counts qualifying prior impaired-driving events under statutory rules. The prosecutor’s summary or a DMV abstract should be compared with the underlying judgment and court record.
A collateral attack is not a general appeal of an old case. It is a limited challenge that may apply when an uncounseled prior conviction was not supported by a valid waiver of the right to counsel.
Verify the Record
Obtain the complaint, citation, judgment, plea record, waiver documents, and counsel information for each alleged prior offense.
- Confirm the person, jurisdiction, and case number
- Check offense and conviction dates
- Identify the exact statute and final disposition
Out-of-State and Older Cases
Different terminology does not necessarily prevent a prior DUI or DWI from counting. The elements and Wisconsin counting rules should be compared.
- Review statutory equivalency
- Check whether the disposition was final
- Identify vacation, amendment, reversal, or other changes
Collateral Attack Review
When a prior conviction was uncounseled, the court may need to determine whether the person knowingly, intelligently, and voluntarily waived counsel.
- Do not stipulate before the record is reviewed
- Obtain transcripts, minutes, or docket records
- Identify the applicable burden and procedure
