In
Wisconsin, the law is extremely liberal in determining which prior convictions count. There are two specific
look back windows. If there is a prior conviction within the last 10 years, the new violation will be considered
a second offense.
If there are two prior convictions since January
1, 1989, then the new violation will be a third offense. For purposes of third or subsequent offenses,
the look back period is lifetime. However, when the legislature enacted the change in the law they decided
to start your lifetime on January 1, 1989. Thus, only violations on or after January 1, 1989 count for
the purpose of determining prior convictions.
Convictions, revocations and suspensions from other jurisdictions and
from recognized American Indian tribe jurisdictions also count. Also, refusal revocations from Wisconsin
or other jurisdictions count. While the definition of conviction is very broad, not all prior convictions
count. Thus, if you have a drunk driving related offense in another jurisdiction, it is critical that you
contact a qualified attorney to determine if it can be counted in Wisconsin.