The father of my children got a Felony DUI , with 2 counts of Endangerment to a minor child. He has about 4 DUI's in the last 10 yrs. and a very extensive record prior. What can I count on him getting for these offenses? I am only looking out for the best interest of my children and hoping he gets the maximum for this crime.
The maximum is probably six-and-one-half years although certain facts can change the class of felony with which he is charged. The Endangerment can carry several more years. People very rarely get the maximum penalty on their offenses and remember that in Wisconsin the maximum includes both time incarcerated and time under extended supervision.
This is very serious and there may be no good outcomes. If it is a felony DUI, he is facing prison time and there is no way to tell how much without knowing all of his prior history and what his sentencing guidelines are. That also depends on what he ends up pleading to or being convicted of. If he has a previous felony DUI, it is highly unlikely the prosecutor is going to offer any kind of misdemeanor plea. They may drop some of the charges but more than likely they will stick with the felony DUI unless there is some serious problems with the case that can be used as leverage in bargaining. he needs to retain a very good and highly experienced DUI attorney in his area to review the case for any deficiencies that could get the charges reduced or dismissed.
You have little to do with this unless it was your children he was endangering. Get an attorney, explain the details, and bring your concerns to the prosecutor and court. I suspect he is going to jail or prison.
He could get 16 months county jail if no injuries and could get a strike and prison if injuries. My office has successfully gotten probation for a strike DUI and rehab for a non strike felony. Also we recently had a felony DUI reduced to a misdemeanor.
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