WI – 3rd Offense – Confinement Period

By: Derek Hawkins//November 7, 2021//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Eric Jean Overvig

Case No.: 2019AP1786-CR

Officials: HRUZ, J.

Focus: OWI – 3^rd Offense – Confinement Period

The State appeals from Eric Overvig’s judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. At sentencing, the circuit court imposed and stayed a nine-month jail sentence, ordered that Overvig serve two years on probation, and applied WIS. STAT. § 346.65(2)(cm) to order that Overvig serve twenty days’ jail confinement as a condition of probation. The State argues the court erred in its interpretation and application of subsec. (2)(cm) because the reduced confinement period permitted under that subsection can only apply in the context of a defendant being ordered to participate in a treatment court or other similar program. We reject the State’s arguments and affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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