View Full Version : 5th DUI: 3 questions


Muente
02-16-2010, 07:02 AM
Ok..so I just got my 5th DUI-shortly after my 26th birthday. I know..stupid...and I know I have a problem.

But here's my questions: first of all, I'm still somewhat confused here..will I serve my whole sentence or is there some sort of good time?

Second: what kind of exercise facility/weights are available in prison? Lifting/working out is one of the few things I really love and I was hoping there's still some sort of gym equipment left in prisons.

Third: for those that have had 5th OWI's or whose loved ones had them..what sort of sentences were handed down?

..I'm just trying to understand a little more about where I'm headed and for how long and what to watch out for..I've heard a lot of conflicting things from friends and former inmates. Kinda scared here.

melon
02-16-2010, 08:24 PM
Ok..so I just got my 5th DUI-shortly after my 26th birthday. I know..stupid...and I know I have a problem.

But here's my questions: first of all, I'm still somewhat confused here..will I serve my whole sentence or is there some sort of good time?

Second: what kind of exercise facility/weights are available in prison? Lifting/working out is one of the few things I really love and I was hoping there's still some sort of gym equipment left in prisons.

Third: for those that have had 5th OWI's or whose loved ones had them..what sort of sentences were handed down?

..I'm just trying to understand a little more about where I'm headed and for how long and what to watch out for..I've heard a lot of conflicting things from friends and former inmates. Kinda scared here.


I am new to this site also: I have not been sentenced for my DUI yet-but I am looking at 2yrs in and 3yrs out- I am also attending college, almost done with my degree- only I am a single mother of two, and own my own house. Believe me, Im a was a lil shook up. Thank God people like us have this site to communicate with. Alot of the people on this site have already been there and they have helped me tremendously!

There are early release programs, I believe they are listed on this site.
Have you been sentenced yet?

Muente
02-16-2010, 11:18 PM
Haven't been sentenced yet..still have several months to go. What county is yours in?

I'm sort of wondering what I'm gonna do about my mortgage. I just bought a house about 2 years ago.

My lawyer is telling me to expect 12-18 months. If you're in Milwaukee county..especially with the single mother thing..2 years seems pretty strong. I was ttold that since I've got a good judge, there's a chance, although a VERY slim one, that Milwaukee huber could be a possibility. Not gonna hold my breath tho.

Do you know whaen you're going in?

melon
02-17-2010, 07:02 AM
Haven't been sentenced yet..still have several months to go. What county is yours in?

I'm sort of wondering what I'm gonna do about my mortgage. I just bought a house about 2 years ago.

My lawyer is telling me to expect 12-18 months. If you're in Milwaukee county..especially with the single mother thing..2 years seems pretty strong. I was ttold that since I've got a good judge, there's a chance, although a VERY slim one, that Milwaukee huber could be a possibility. Not gonna hold my breath tho.

Do you know whaen you're going in?

I havent been sentenced yet either but mine is in Sauk County with a Natzie D.A. and a Judge that likes to make an example out of everyone. Its been 8 mos. since the offense- I believe I still have maximum two mos before I go in. I have gotten money together for my mortgage while I am in-- and 1 member of my family that I trust to make the payments. Other people on this site have told me I will do about 12 to 14 mos in Max.

I know some people that got only 12 mos huber for their fifth offense- so dont count that out as a possiblility. I think the fact that u r almost done with school, own yor own home,going through counseling, ect... will help with the judge and sentencing. "But you never know" so be prepared.

They changed the laws in October and the rules have changed. I think u get 1/3 time off for good behavior, someone has posted the new rules under "Wisconsin Doc What you need to know". There are "Earned Release Programs" or ERP and theres also a "camp" I have heard if you choose to go to the camp you may be released earlier.

The prisons are packed-they want to release non-violent offenders.

If you have any questions at, all this is a fabulous site to check into once in awhile. There are plenty of knowledgeable people on here, and it helps to soften the blow.

NoOne1994
02-17-2010, 07:11 AM
In case you didn't know, starting July 1 all OWI's will require offenders to put the blow thing (interlock) in your vehicle. Not that this info applies to this thread. Just putting it out there in case other Wisconsonites come here.

SummerRae
02-18-2010, 11:57 AM
Ok..so I just got my 5th DUI-shortly after my 26th birthday. I know..stupid...and I know I have a problem.

But here's my questions: first of all, I'm still somewhat confused here..will I serve my whole sentence or is there some sort of good time?

Second: what kind of exercise facility/weights are available in prison? Lifting/working out is one of the few things I really love and I was hoping there's still some sort of gym equipment left in prisons.

Third: for those that have had 5th OWI's or whose loved ones had them..what sort of sentences were handed down?

..I'm just trying to understand a little more about where I'm headed and for how long and what to watch out for..I've heard a lot of conflicting things from friends and former inmates. Kinda scared here.


You would be under the truth in sentencing laws so if you're sentenced to 2 years prison and 2 years extended supervision, you will serve the 2 years in prison. The only way you would get out earlier is if you applied for a sentence modification and it was granted (same applies to the recent laws in Oct 09, it's not all automatic) or if you completed boot camp or whatever.
However if you are trying to get huber you won't likely be able to be in program at the same time.
As for your house, I would make sure you find a trusted person to add on your bank account for the house as a joint person so they can do your banking or make them power of attorney and pay your bills.

As for work out equiptment, I think they pulled most of the free weights out of prisons, but I know my cousin works out and I'm sure they have found creative ways to stay in shape.

Good luck and hopefully this will be your last go around

darqueyes
02-22-2010, 07:28 PM
I have known several people who have had 5th OWI and none of them have done prison time. Under ACT 28 they are trying to get people out of prison not put them in, unless there is bodily injury you will probably be sentenced to 2 years with 1 year in county jail, 1 year suspended and 3 on paper. If you do go to prison you will be eligible for early release with CIP, ERP or the 25% good time adjustment in Act 28.

If you do go in, by state law every facility must have "work out" equipment. As stated earlier free weights have been removed at some facilities because they are used as weapons (that's what killed Dahmer) but they have circuit strength equipment, exercise bikes, treadmills, that kind of stuff. Each facility will be different.

I can almost guarantee if you get a sixth you will do hard time, so get take this opportunity to get into treatment. Go to meetings, get a sponsor, and make any other life changes you have to no matter how hard it may be.

myjoey
02-23-2010, 01:41 PM
My hubby was sentenced in milw for his 5th dui and got 18 months prision and no earned release program, also he was denied early release. With all the dui stuff since mark benson killed those people in waukesha they are no longer playing around with easy sentences for this offense. And 3 years supervision to after your release. You will most likely go to chippewa falls as that is where there treatment facility prision is for drugs and drunk driving. Once you get into that program It takes awhile it lasts 4 months and afterwards you will most likely go to a work release prision.

murphcosgirl
02-23-2010, 07:01 PM
my friend was convicted on his fifth in 2006. he was sentenced to one year jail (he served nine months) and three years probation. during that time he DID NOT get a job, pay his child support, he continued to drink, to drive without a license and never did his interlock, victim impact class or alcohol assessment. the p o continued to play his game and in the last month of being on probation they offered him an alternative to revocation. that was in january, now just a month shy of completing the 90 day alcohol treatment program at msdf he got himself terminated. he signed an agreement that if he did not complete the program that he is revoked. on his original judgement of conviction the judge said SENTENCE WITHHELD. this is important because now that my friend is revoked and has to go for sentencing it will be like a new, original sentence. the other way to get sentenced is that if you screw up probation you complete the remaining probation time back in jail. but that is not the way it happened for my friend. max penalty on fifth owi is six years,,,,,,,,,,,,,and he hasn't been a good boy during the time he was on probation. i am sure he will get some time. so far they still have him locked up at msdf.

good luck to you. i don't think the alcohol treatment in the prison system are there to help you through to graduation. they can and do terminate for various reasons, and many do not make it through.