By: Derek Hawkins//December 19, 2017//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. Bobby Lopez
Case No.: 2017AP923-CR
Officials: HAGEDORN, J.
Focus: OWI – 2nd Offense
This case concerns whether operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC) charges based on an offense occurring on July 9, 2016, can be charged as second offenses based on an earlier July 9, 2006 offense. In short, did the 2006 OWI and the 2016 alleged OWI/PAC occur “within a 10-year period” or not? See WIS. STAT. § 346.65(2)(am). We conclude they did not. Therefore, the present OWI/PAC may not be charged as a second offense.