Motor Vehicles – OWI — mandatory minimums

Listen to this article

Wisconsin Supreme Court

Criminal

Motor Vehicles – OWI — mandatory minimums

Under sec. 346.65(2)(am)6, a sentencing court must impose at least a three-year minimum initial confinement for seventh, eighth, or ninth offense drunken driving.

“We conclude that Wis. Stat. § 346.65(2)(am)6. requires sentencing courts to impose a bifurcated sentence with at least three years of initial confinement for a seventh, eighth, or ninth OWI offense. In reaching this conclusion, we note that although the statutory history, context, structure, and contextually manifest purposes of § 346.65(2)(am)6. suggest that it imposes a mandatory minimum period of initial confinement, the statute is ambiguous. Well-informed people may reasonably disagree as to whether § 346.65(2)(am)6. requires a court to impose a bifurcated sentence or whether probation is permitted and a bifurcated sentence is merely an option. The legislative history resolves the ambiguity and contains several clear statements that § 346.65(2)(am)6. requires courts to impose a bifurcated sentence with a mandatory minimum period of initial confinement. Therefore, we reverse the court of appeals.”

Reversed.

2011AP2868-CR State v. Williams

Prosser, J.

Attorneys: For Appellant: Grunder, Steven D., Madison; For Respondent: Cary, Daniel D., Sparta; Whelan, Maura F.J., Madison