QUESTION
Is it legal to be charged a fourth DUI then later be charged with fifth or sixth?
Asked on Oct 27th, 2016 on DUI/DWI - Wisconsin
More details to this question:
My brother-in-law was charged with a 4th DUI. When he went to court, he was told that the charges had been dismissed. A few minutes later, he was told that he was being charged for a 5th or 6th DUI instead because the DA hadn't gone through the records completely.
1 ANSWER
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There is nothing illegal in a prosecutor taking that kind of action so long as she or he does so sufficiently in advance of trial. Jeopardy does not attach until a jury is sworn.
Answered on Nov 30th, 2016 at 4:33 PM