OWI – Sentencing Guidelines

By: Derek Hawkins//February 14, 2018//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Justin A. Braunschweig

Case No.: 2017AP1261-CR

Officials: KLOPPENBURG, J.

Focus: OWI – Sentencing Guidelines

The circuit court convicted Justin Braunschweig of operating a motor vehicle while intoxicated (OWI) and with prohibited alcohol concentration (PAC), each as a second offense, and imposed sentence on the second offense OWI count. Braunschweig appeals, arguing that the circuit court erred in sentencing him for second offense OWI because his previous conviction for OWI while causing injury as a first offense was expunged and, therefore, is a “nullity” that cannot be counted as a prior conviction when determining the penalty for OWI-related offenses. Braunschweig also argues that a certified DOT record reflecting that expunged conviction may not be introduced to prove the existence of a prior OWI-related conviction. For the reasons below, I reject Braunschweig’s arguments and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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